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Trial begins for former Alberta chief medical examiner's wrongful dismissal lawsuit

Trial begins for former Alberta chief medical examiner's wrongful dismissal lawsuit

CBC
Saturday, April 02, 2022 03:23:16 AM UTC

A former Alberta chief medical examiner's wrongful dismissal trial began in Edmonton on Friday, revealing more details of what has gone on in the problem-plagued office.

Dr. Anny Sauvageau, a forensic pathologist and expert in asphyxia, served as the province's chief medical examiner from mid-2011 until her contract was not renewed in 2015. 

Her statement of claim against the Alberta government alleges that its decision not to renew her contract "was in direct retaliation and retribution" for issues she had raised about political interference with her office. 

She is seeking, among other remedies, $7.6 million in damages for loss of income and benefits.

The government's 2018 statement of defence says the decision to not renew her contract was made in the public interest and that Sauvageau was "either unwilling or unable to function properly as the chief medical examiner" and that she failed to demonstrate the qualities of sound, rational decision-making and responsible leadership.

None of the allegations on either side have been proven in court. 

In his opening statement on Friday, Sauvageau's lawyer, Allan Garber, said his client had received excellent performance reviews until the short period leading up to her departure.

He said four factors contributed to her losing her job.

One was her attempt to standardize payments for contractors who transport bodies from rural locations.

According to her statement of claim, Sauvageau had recommended to the premier in 2014 that the current fee schedule for body transportation be maintained, instead of spending an extra $3 million to satisfy requests from the Alberta Funeral Services Association (AFSA).

Garber said department representatives from procurement, finance and legal services met to discuss the issue and recommended compensation not change, but instead, the government increased their pay.

Garber also said that despite the government's public statements at the time assuring Albertans that the office of the chief medical examiner was independent and operated at arm's length, deputy minister Tim Grant told Sauvageau that her office was "part of the department and cannot operate at arm's length from it."

Department members also manipulated Sauvageau's signature to approve documents she had not approved, Garber said.

He said because of what was going on at work, Sauvageau started to suffer from insomnia and anxiety.

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