Brian Sinclair's family can sue Manitoba health authority, court says

Manitoba's highest court has ruled the family of a man who died during a 34-hour emergency room wait can sue the health authority for a breach of charter rights.

The decision by the Manitoba Court of Appeal overturns one made earlier by the lower courts, whichruledhis loved ones couldn't sue because Sinclair's charter and privacy rights died with him.

• Manitoba Appeal Court to hear case of man who died waiting in Winnipeg ER

In a brief statement sent to CBC News, the Winnipeg Regional Health Authority said it hasreceived the decision from the Court of Appeal and isreviewing it "and assessing our options."

Lawyers for theSinclair family argued his rights were violated when he died in thehospital waiting room in 2008 of Winnipeg'sHealth Sciences Centre (HSC).

They argued it was absurd that the family of a man who died because he didn't receive the care due him under the Charter of Rights and Freedoms couldn't sue because he died.

The Court of Appeal agreed the lawsuit should be allowed to proceed.

It has also restored the family's right to sue hospital officials for disclosing private health information concerning Sinclair.

"The reason they're pursuing the Charter claim is more for the vindication and accountability aspect," said the Sinclairfamily'slawyerVilkoZbogar. "When a state authority causes somebody's death, there has to be somebody who can bring a claim forward concerning the breach of that Charter right.

"They want a court ruling that says that BrianSinclair'sright to life under the Charter was breached by the kind of conduct that he experienced by people making racist assumptions about why he was there."

On Tuesday, Premier Greg Selinger said the courts had "affirmed the rights of the family" to pursue litigation.

"That's what the courts are there for to make sure people have full ability to exercise their rights," he said.

Selinger added, "It simply means they have their rights that have been endorsed by the courts and they will exercise those rights and that's the way it should be."

During an inquest into Sinclair's death, court heard stories about the racism faced by aboriginal people in hospitalemergency departments across the country.

• Brian Sinclair inquest told aboriginals face racism in ERs

An internal report following his death found some thought Sinclair was drunk and was waiting for a ride or just needed a warm place to rest.

He had been referred to the HSC emergency departmentbecause of a blocked catheter. Although hespoke to a triage aide when he arrived at the hospital, he was never formally entered into the hospital triage system.

He languished in the waiting room for hours as his condition deteriorated. Sinclaireven vomited several times but was never asked if he was waiting for medical treatment.

By the time he was discovered dead, rigor mortis had set in.