Court case of doctor accused in Campbellton COVID-19 outbreak delayed a month

The court case of adoctor accused of being the source of the COVID-19 outbreak in the Campbellton region last May that claimed two lives, infecteddozens and forced that northern part of New Brunswickback into the orange phase ofrecovery has been adjourned for a month.

Dr. Jean Robert Ngola, 50, is charged with violating the Emergency Measures Act by allegedly failing to self-isolate for 14 days after travelling to Quebec.

Hewas scheduled to appearin Campbellton provincial court on Monday to face the charge, but one of his lawyers, Christian Michaud, told Judge Suzanne Bernard via teleconference that they only recently received disclosure from the Crown and needed more time to review the file.

Bernard set the matter over until Nov. 23 at 9:30 a.m.

Ngola,whois now based in Louiseville, Que.,is expected to enter a plea at that time.

The chargestemsfrom an RCMP investigation following a complaint filed bythe provincialgovernment and the Vitalit Health Network on May 30 "related to an individual who may have violated the mandatory order under the current Emergency Measures Act by travelling outside of N.B., and not following the guidelines of self-isolating upon their return," RCMP Cpl. Jullie Rogers-Marsh previously said in an emailed statement.

Ngola,who is also known as Jean Robert Ngola Monzingaand asNgolaMonzinga, previously told CBC hetravelled overnight to Montreal on May 12to retrieve his four-year-old daughter because her mother had to travel to Africa for a funeral.

He said he had a previously scheduled conference call with two doctors in Trois-Rivireson May 13 regarding a potential job at their clinicbut decided to meet with them in person instead since he was passing through.They met for 20 minutes, wearing masks and gloves, and sat two metres apart, he said.

The only other stop Ngola said he madewas at a gas station in La Pocatire, Que., where he filled up his car and bought some food.

At the New Brunswick border checkpoint, Ngola said he told peace officers that he was a doctor and that he had travelled overnight to pick up his daughter. He said he was given a pamphlet with general instructions about self-isolating.

Ngolatold CBC he did not self-isolate upon his returnto Campbellton, a city of about 6,800. Hewent straight back to work at the Campbellton Regional Hospital.

TheCOVID-19outbreak began May 21. A total of 41 people in the Campbellton region became infected, and two of them, who were in their 80s, died.

Ngola is charged with failingto comply with a direction, order or requirement between May 13 and May 28, "namely: 'every person who has been outside of New Brunswick must self-isolate within their home for 14 days after their return to New Brunswick,' contrary to and in violation of paragraph24(1)(b) of the Emergency Measures Act,'" court documents state.

"We'll fight it on the facts because on the facts, Jean Robert was not wrong," hislead lawyer,Jol Etienne, of Toronto,has said.

Vitalitprovided CBC with a copy of a self-assessmentchecklist emailed to all employees onApril 6 that specified that anyone who travelled outside of New Brunswick except those who commute from Quebec or Maine had toself-isolate for 14 days upon their return.

Ngolasaid he received the email but contends "there was a lot of confusion," and other doctors he worked with had not self-isolated after travelling out of province.

Etienne has described the charge as"tantamount to a traffic ticket." Itisnot a criminal chargeunder the Criminal Code of Canada but rather ispunishable under the Provincial Offences Procedures Act, Etienne stressed.

The section carries a fine of between $240 and$10,200for a first offence.

If the case goes to trial, Toronto-based lawyer Nathan Gorham will join Ngola's legal team and the proceedings will likely be held in both officials languages, Michaud advised the court.

During the Campbelltonoutbreak, Premier Blaine Higgshad blamed an"irresponsible"medical professionalwho travelled to Quebec for personal reasons, "was not forthcoming about their reasons for travel upon returning to New Brunswick" and didn't self-isolate.

Although Higgs never publicly named who he was referring to,Ngola was soonwidely identifiedas the individual and became the subject of threats and racism, his lawyers allege.

Ngoladisputes he is 'patient zero'andcontact tracing casts doubton whether he was the source.

He plans to sue the provincial government and VitalitHealth Network, and hislawyersarecalling for a public and criminal inquiryinto how he was treated.

They allege his confidential health information was leaked on social media less than an hour after he received his COVID-19 test results on May 27.