Owners of CHSLD Herron argue public inquiry would prejudice a jury if charges are laid

The presiding coroner at the public inquiry into Quebec's long-term care homes will deliver a decision Tuesday morning as to whether the inquiry should proceed as planned.

The owners of CHSLD Herron in Montreal's West Island fileda motion Monday to have the inquiry delayed until prosecutors decide whether to lay criminal charges against them.

The inquiry was to begin Monday morning, but the day was taken up with arguments for and against the motion.

Thelawyer for the ownersargued that if the inquirygoes ahead as planned, it would be unfair to her clients,given that Quebec'sDirector of Criminal and Penal Prosecutions(DCPC) hasn't made a decision on whether to file criminal charges against them.

"Thesurrounding media attention to be paid during the present public inquiry is likely to create a risk that possible juries will be influenced by the testimony heard during the inquiry," Nadine Touma, the lawyer representingSamantha Choweiriand Andrei Stanicaof Groupe Katasa, told the inquiry at the Montreal courthouse.

Touma asked the inquiry be delayed until a decision is made.

Ifthe request to delay the hearing is refused, Toumaasked that the subpoenas for her clients be rescinded or thatapublication ban be placed on the proceedings.

Families argue against publication ban

Lawyers representing families of those who died argued that delaying the inquiry or imposing a publication ban wasunnecessary and would make it difficult for their clients to follow along.

"Many families don't have the luxury of spending the full 11 days to listen to the virtual meeting, and many of them do not speak or understand French," Patrick Mnard, a lawyer representing four of the families, told reporters outside the courtroom.

"So the reporting of these proceedings will be a key part of these families getting answers," Mnard said.

Lawyers for several media outlets including the CBC also argued against the idea of a publication ban, stressing the public interest and theimportance of transparency.

A lawyer for the DCPCtold the inquiryit was hard to say when a decision on charges could be made, but arguedthe inquiry could proceed without prejudicing a possible criminal trial.

After hearing the arguments, the presiding coroner,Ghane Kamel, said she needed time to consider her options, and that she would have a decision at 9 a.m. Tuesday.

"This is a decision that has extremely important issues for families and the population," Kamel told the hearing.

"I prefer to make a decision that will be informed and well reflected upon,"she added.

In an opening statement earlier Monday morning,Kamelsaid the inquiry would look at how 47 people died at Herronas the first wave of theCOVID-19 pandemic intensified.

Kamel described the conditions in which the people died as "indecent" and "inhumane."

The inquiry can be watched live on Microsoft Teams.

WATCH |Surviving residents of one of Quebec's hardest hit long-term care homes are moving out

Surviving residents of one of Quebec's hardest hit long-term care homes are moving out

4 years ago

Duration 3:18

CHSLD Herron became the symbol of the COVID-19 catastrophe that ravaged long-term care homes in Quebec. One by one, the surviving residents are being moved out.

Staff shortages meant many residents were leftundernourished, neglected and stranded in soiled beds.

Their families, barred from the home because of public health restrictions, received little or no information about what was going on inside.

As part of the inquiry, Kamelwill come up with recommendations aimed at preventing such tragediesinfuture.

One family has launched a class-action lawsuitagainst Herron's owners.It has yet to be approved by the courts.