Dawson Family to Move Ahead with Lawsuit
October 3, 2001

Last year Nancy Dawson filed a negligence and wrongful death lawsuit related to the mysterious death in August 1999 of her son Anthany, a member of the Musgamagw Tsawataineuk Nation. Now that the BC Police Complaints Commissioner has denied the family's request for a public inquiry, they are moving ahead with legal action.

The Writ of Summons, filed in the Supreme Court of British Columbia in 2000 names as defendants the City of Victoria - police officer John Doe, a number of unidentified Victoria City police officers, the Corporation of the District of Oak Bay, Oak Bay Municipality police officer Jane Doe, Royal Jubilee Hospital, the Greater Victoria Hospitals Foundation, Dr. John Doe, Dr. Bonnie Gleason, the Province of British Columbia, the Ministry of Health, the Emergency Health Services Commission, the Ambulance Paramedics, John Doe iii and John Doe iv.

The family has alleged since the death that Anthany was subjected to too much physical force by the police and that the medical attention he received was inadequate.

The claim, filed under the Family Compensation Act, is for damages suffered by Nancy Dawson, "arising out of the negligence of the defendants that caused the wrongful death of Anthany Dawson, the Plaintiff's son, who died August 13, 1999 at the City of Victoria, Province of British Columbia." The claim goes on to explain it is for "the negligent or grossly negligent breach of duty to the deceased to safeguard his health and well being while in custody of the Victoria City Police force, whether such duty arises directly or vicariously under the Police Act S.B.C. 1996, on or about August 11, 1999 at the City of Victoria, Province of British Columbia."

The claim against the Royal Jubilee Hospital, Greater Victoria Hospital Foundation, Dr. John Doe and Dr. Bonnie Gleason is "further negligent breach of a duty owed to the deceased to provide timely and appropriate medical care on or about August 11, 12, and 13, 1999 at the City of Victoria, Province of British Columbia."

Nancy Dawson's claim against the Province of British Columbia, the Ministry of Health, the Emergency Health Services Commission and the Ambulance Paramedics, John Doe iii and John Doe iv, is for the negligent breach of a duty owed to the deceased to safeguard his health and well being and provide timely and appropriate paramedical emergency services to the deceased on or about August 11, 1999.

Included in the compensation for damages being sought by this claim --- compensation for loss of love and affection, loss of future care-giving, loss of future financial support, loss of inheritance.

The claim also is for expenses including funeral, potlatch, hospital and other costs.