Health officer warned RCMP of challenge identifying patient zero in Campbellton COVID outbreak

The medical officer of health in the Campbellton region warned RCMPit would be difficult to identifyDr. Jean-Robert Ngola as patient zero in the outbreak last Maythat claimed two lives, infecteddozens and forced that northern part of New Brunswickback into the orange phase ofrecovery, court documents reveal.

Dr.Mariane Pquetresisted co-operating in their investigation, indicating at one point she felt police were trying to "trap"her, according to officers' notes filed in Campbellton provincial court by Ngola's defence lawyers.

Ngolais charged with violating the New Brunswick Emergency Measures Act by allegedly failing to self-isolate for 14 days after travelling to Quebec.

He previously told Radio-Canada's programLa Matinalehe drove overnight to Quebecto retrieve his four-year-old daughter because her mother had to travel to Africa for a funeral, and he maintains he did nothing wrong.

Defence lawyers are seeking further disclosure from the Crown and submitted as part of their arguments roughly 50 pages of notes, emails and reports ofRCMP, government and Vitalit Health Network officials they've alreadyreceived. Some of them are heavily redacted.

The documents reveal how high-ranking government officials worked with RCMPto see an official complaint filed against NgolaafterPremier Blaine Higgsannounced during a May 27 news conference that a medical professional in their 50s,travelled to Quebec for personal reasons, "was not forthcoming about their reasons for travel upon returning to New Brunswick and they did not self-isolate as a result."

Higgs never publicly named Ngolabut blamed what was then acluster of COVID-19 cases in the Campbellton region and a resurgence of the coronavirus in the province on the"irresponsible individual"who returned towork at the Campbellton Regional Hospitaland treated patients for two weeks.

On May 28, Higgs told reporters information about the case has been passed along to the RCMP to determine exactly what took place and whether charges were warranted.

That came as a surprise to the officer in charge of the major crime unit at J Division headquarters in Fredericton, according to the documents.

"I noticed the Premier mentioned in the media that the RCMP was taking over the investigation, at that time none of us were aware we were getting involved," Staff Sgt. Jean-Marc Parwrote inan emailto colleagues on the morning of May 29, asking future communications be co-ordinated with the province.

Even as members of the RCMP unit were headed to Campbellton, Par said: "Wedon't really know who our complainant is."

Jacques Babin, the executive director of Public Safety,who had been appointed to act as the RCMP'sliaison with the Premier's Office, was initially going to be the official complainant, according to the defence, based on officers' notes.

But Andrew Easton, director of security and emergenciesat the Department of Justice and Public Safety contacted GillesLanteigne, then-CEO of VitalitonMay 29 at 5:29 p.m.

"Police services need a complaint before they can begin an investigation," he wrote in an email in French."As you have personal knowledge of the issue that affectour health care system, you may wish to advise the RCMP members who are copied on this email of your concerns. Thank you for your attention."

Const. Martin Primeauof the major crime unit followed up withLanteigneat 5:38 p.m.

"As discussed today, an official letter requesting an RCMP investigation would be required in order to continue this delicate matter," he wrote in French. "Obtaining the letter as soon as possible would be greatly appreciated."

RCMP subsequently emailed Easton to let him know Lanteigne would be filing a complaint and thanked him forhis assistance.

Easton replies, saying he hadasked "someone to submit one last Wednesday,"May 27, which was before the premier announced RCMP involvement. "Sorry for the delay."

Asked Thursday whether RCMP need a complainant or official complaint to launch and/or continuean investigation, spokesperson Cpl. Hans Ouellete said: "An RCMP investigation can be initiated when the RCMP becomes aware of situations that may involve criminal activity within RCMP jurisdiction."

The Premier's Office, Vitalit Health Network and the RCMP declined interview requests, citing thecourt proceedings.

Investigated for possible criminal negligence

Lanteigne'scomplaint "was officially received on May 30th," Staff Sgt. Jean-Marc Par, the acting officer in charge of the serious crime section of the major crime unit, said in an email to Cpl. Jullie Rogers-Marsh, who was in charge of communications. "However I believe Premier Higgs announced the RCMP were investigating on Thursday May 28 not sure how we would deal with that."

LanteignerequestedRCMP conduct an investigation "into the behaviour of Ngola in the history of the coronavirus," according toPrimeau's notes.

A"situation report"J Division sent to the RCMP's national operations centre in Ottawa saysthe major crime unit was investigating the incident "for possible charges of criminal negligence."

"Contact tracing could be as high as 1,000 from initial doctor who was diagnosed," the report says.

Ngola, whois also known as Jean Robert Ngola Monzingaand asNgolaMonzinga,travelled to Quebec the week of May 10. TheCOVID-19outbreak in the Campbellton region began May 21. A total of 41 peoplebecame infected, and two of them, who were in their 80s, died, marking the province's first COVID fatality.

The regional medical officer of health made it clear to investigatorsthat neither she, nor her department had filed a complaint to police regarding the COVIDoutbreak.

Pquettold police she could notprovide the name of the doctor or any other information concerning her investigation into the matterwithout a judge's order.

Health officer urgedpoliceto protect Ngola

She suggested police should be protecting Ngola"because the public is very angry about the situation,"according to a report prepared by Cpl. Jonathan Simard.

"She is worried because Dr. Ngola may be in danger and she fears for his safety as well as that of his daughter."

The defence has said Ngola, who is from Congo,suffered a "barrage of threats online racial attacks, local harassment and racial slurs" after his identity was "outed" onsocial media, along with his photo.

Officers' notes indicateRCMP received a call from Ngolaon May 28to inform them of "negative attention since his identity has been associated to the COVID-19 cases."

Ngola, who was suspended and isolating at home after he and his daughter had both tested positive, requested patrols, which weremade "through the night," according to the documents.

Up to 21 officers had to be tested

Additional resources from J Division were dispatched to the region to"provide enhanced patrols and visibilitygiven the heightened local tension," according to the situation report.

It'snot clear from the court documentshow many officers were involved inthe investigation, but up to 21 went into theCampbellton hospital building during the initial days, according to the situation report. They were all expected to be tested within 48 hours of the report and advised to self-isolate. RCMP have not said whether any of them tested positive.

Police calledPquetback on June 12 to ask who had informed Ngola on May 26 that one of his patients had tested positive for COVID-19.

Pquetconfirmed it was she but said she wastold by her legal adviser and her employer not to provide information for the investigation"because there were legal proceedings involved," according toCpl.Jonathan Simard's notes.

"No warrant, I say nothing."

Simard toldPquet heneeded to know the details and the instructions she, thePublic Health representative, gave to Ngolathat day.

"I told her that I was not trying to trapanyone, she replied that she felt like I was trying to trap her."

The matter went up the chain to RenBoudreau, associate deputy minister of health, who confirmed to RCMP on June 16 thatPquetwas unable to answer their questions without a warrant.

Isolation rules

Dr. France Desrosiers, who took over as CEO of Vitalitafter Lanteigne retired in November, told RCMP,"when a doctor has to take a prolonged absence from the region or from his work, he must notify his department director," according to the court documents.

The rest of the page is censored. Prolonged is not defined and there is no information about isolation requirements.

Vitalithad previously provided CBC with a copy of a self-assessmentchecklist that was emailed to all employees onApril 6, 2020. It specified that anyone who travelled outside New Brunswick except those who commute from Quebec or Maine had toself-isolate for 14 days upon their return.

The provincial government requires health-care workers who live and work in New Brunswick to self-isolate for 14 days upon return from travel outside the province. There are exceptions, however. Doctors and nurses who work in New Brunswick but live across the border and commute regularly don't have to isolate, for example.

Ngola has said"there was a lot of confusion" about isolation requirements, and other doctors he worked with had not self-isolated after travelling out of province.

Before his trip, he said he called theNew Brunswick COVID hotline and an operator told him that as an essential worker, he did not have to self-isolate upon his return.

During an interview June 2,Ngolahad said he drove straight through to Quebec to pick up his daughter and straight back, with no stops and had no contact with anyone.

He did make a stop inTrois-Rivires, however, where he met with a couple of other doctors at a clinic and discussed ajob opportunity, helater confirmed.

He had a previously scheduled conference call with two doctors on May 13but decided to meet with them in person. They woremasks and gloves and sat two metres apart, he said.

Ngola said he told peace officers at the border checkpoint he was a doctor andhad travelled overnight to pick up his daughter. He said he was given a pamphlet with general instructions about self-isolating.

At the time of the outbreak, he was seeing his family practice patients only virtuallybut was treating patients in-person in the ER.

Based on the coronavirus's incubation period of up to two weeks, aprivate investigator hired by the defence concluded Ngoladid not carry the virus across the border but rather was infected in New Brunswick by either a patient or a colleague.

To date, no criminal charges have been laid.

Ngola'slawyer JolEtiennehas described the charge against him as"tantamount to a traffic ticket." It isnot a criminal chargeunder the Criminal Code of Canada but rather ispunishable under the Provincial Offences Procedures Act. The section carries a fine of between $240 and$10,200for a first offence.

Ngola,who now practises medicinein Louiseville, Que., is scheduled to stand trialJune 15 to 25. His next court appearance isApril 7.