A former nurse who allegedly stole narcotics from a Montreal hospital was recently criminally charged…a year after her death. An error that highlights certain shortcomings of the judicial system.
Informed by The Pressthe Service de police de la Ville de Montréal (SPVM) apologized.
“The SPVM would like to express its most sincere condolences to the family and loved ones of Madame. We want to say that the situation saddens us and that we understand the pain felt by the family, ”responded the SPVM.
This 30-year-old Montrealer died in May 2022 in sad circumstances. Out of respect for her loved ones, we have made the decision not to name her. They did not wish to react in the context of this article.
The Director of Criminal and Penal Prosecutions (DPCP) authorized two counts against the deceased on May 2, 2023. A date for appearance had been set for mid-June before a judge at the Montreal courthouse. However, this woman had been dead for a year. Neither the prosecutor, nor the investigator, nor the justice of the peace likely verified whether the suspect was still alive.
It was by contacting the Order of Nurses of Quebec to find out the status of the accused that The Press learned of his death.
The ex-nurse is accused of stealing property under $5,000, namely vials of Dilaudid – a narcotic – and of possessing property obtained by crime. His larceny would have been committed on April 24, 2022 at the Jean-Talon hospital.
She had recently regained her nursing title after being disbarred and criminally convicted for similar crimes.
The woman’s death occurred a few weeks after the alleged theft.
However, this information, however relevant, obviously never reached the ears of the SPVM and the DPCP. For what reasons ? “This is a situation that deserves to be analyzed in more depth,” replied the SPVM in an unsigned email. According to our information, the police department is not automatically informed of the death of a suspect.
Lack of time
The DPCP received the SPVM investigation file in August 2022. Many months then passed for a prosecutor to analyze the file and decide to lay charges. Under the summons signed by a justice of the peace, the accused was to report to the police station on June 12.
“It appears that the death of the person concerned was not brought to our attention between receipt of the file and its analysis, which explains why this lawsuit was initiated against him,” commented Mr.e Audrey Roy-Cloutier, deputy chief prosecutor for communications of the DPCP.
The DPCP intends to request the cessation of legal proceedings “as soon as possible”. To do this, the public prosecutor must obtain an official document attesting to this, explains Mr.e Roy Cloutier.
“Honestly, I’m not even surprised”, exclaims in an interview Me Charles B. Côté, an experienced criminal lawyer who is not involved in this file. In his career, he has already seen other cases where a death was charged by the state. ” It happens. They then file the death certificate at the appearance, ”he says.
“There are too many people involved, there are too many files, [les autorités] don’t have the time to do these checks,” he says.