CHSLD Herron won’t face criminal charges after COVID-19 deaths during first wave

MONTREAL – Quebec’s Crown prosecutor’s office says the owners of a Montreal-area long-term care home where dozens died during the first wave of the novel coronavirus pandemic will not face criminal charges.

#WATCH Premier François Legault reacts to the news this morning that CHSLD Herron will not be facing any criminal charges. A total of 47 people died during a COVID-19 outbreak last year at the #Montreal long-term care facility. #COVID19 #Herron #WestIsland #healthcare #Quebec pic.twitter.com/OxE5xsQsiZ

— CityNews Montreal (@CityNewsMTL) August 26, 2021

The office said today in a statement that after an “exhaustive” investigation the evidence does not meet the high bar for criminal charges in the case of the Herron long-term care home.

“It’s totally unacceptable what happened. Who’s responsible? Do we have to change rules, do we have to change the supervision, do we need to make sure more about the quality of management in private residences?” Premier François Legault said.

“We already made important changes – but regarding criminal charges, it’s not my responsibility.”

Forty-seven people died at the Montreal-area facility in the spring of 2020, and a report commissioned by the provincial government accused the owners of “organizational negligence” that resulted in a failure to meet residents’ needs.

Peter Wheeland, whose mother lived at CHSLD Herron during the first wave, said he wants to see changes made.

“What I want to see going forward is not people tossed to jail, what I want to see is a system that get modified, changed,” he said.

#WATCH In a statement Thursday, Quebec's Director of Criminal and Penal Prosecutions said it found there was insufficient evidence to lay charges.

Between March 26th and April 16th 2020, at least 38 seniors died at the Dorval home on Montreal's West Island. pic.twitter.com/hZtZaK53rJ

— CityNews Montreal (@CityNewsMTL) August 26, 2021

The Crown says the decision not to lay charges does not minimize the “tragic events” that took place at the home, nor does it rule out that civil or ethical violations could have been committed.

It says it cannot explain its decision to the families of the victims until the completion of a coroner’s inquest into the deaths.

“I question why the doctors at Herron did not tell people that there was an average of a body a day for six weeks, four weeks, a little over a month,” Wheeland added.

“There was like 31 bodies in 21 days doesn’t the Hippocratic oath tell you that you should be notifying people that there’s an abnormal amount of deaths occurring here.”

RELATED: 

• Families of residents of CHSLD Herron to receive settlement for first wave COVID-19 deaths
• Nurse says she’s still haunted by neglect she witnessed at long-term care home during pandemic’s first wave
• Quebec releases scathing reports into long term care homes where dozens died
• Class action sought against Quebec nursing home where 31 residents perished
• Problems at long term care homes in spotlight as politicians vow action

 

“We have to keep in mind that the burden of proof in a criminal proceeding is very high, the crown would have to prove both the criminal act and the criminal intent beyond a reasonable doubt which is, which is a very very high burden of proof to fulfill – so obviously, the DPCP, looking at all the elements here made the decision that it would not be able to fulfill the burden of proof,” said the lawyer for the families involved, Patrick Martin-Menard.

Lawyers for the residents and their families announced in March they had agreed on a $5.5-million settlement with the facility’s owners.