Father sues Whitehorse shelter staff and operator over daughters death

Another family member of a person who died at the Whitehorse emergency shelter is suing non-profit Connective, the organization responsible for its operation. Dale Joe, the father of Josephine Hager, a 38-year-old Selkirk First Nation citizen who died at the shelter on Feb. 1, 2023, has launched a civil suit against Connective and five unnamed staff members. According to a statement of claim filed on Oct. 6 in Whitehorse, the lawsuit alleges that Hager’s death was caused by staff negligence. It also alleges that, in the alternative, her death was caused by the negligence of Connective. The lawsuit is seeking $75,000 in damages. Hager’s death, as well as the deaths of three other First Nations women who died at the shelter, were the subject of a coroner’s inquest held last year. The lawsuit marks the third legal action filed by family members of the women involving their deaths. Two separate lawsuits filed by family members of Myranda Tizya-Charlie and Darla Skookum were recently settled out of court. Ernestine Silverfox-Silas, Hager’s auntie and guardian who considered her to be her daughter, said her death has been devastating for the family. “The way my daughter died, I just wasn’t too happy at all,” she said. “It’s pretty upsetting. The family sure misses her.” At the time of her death, Hager was residing in permanent housing at the shelter. Video presented at the inquest showed the final hours leading up to her death. Hager appeared to be unsteady on her feet and she was pushed in a wheelchair as she was unable to walk on her own. Despite laying her head on a table, motionless, no staff members approached her. Later video footage shows her stumbling into the shelter’s corridor and then sitting in the doorway with her knees to her chest. Hager then fell to the hallway floor on her back. At one point, she was helped by a staff member and a shelter guest into a sitting position, but she fell back again, where she remained unresponsive. At different points in the video, staff members and shelter guests briefly checked on Hager. At other times, they passed by as she lay on the ground but didn’t interact with her. Staff members and shelter guests eventually attempted to resuscitate Hager before first responders took over. Hager was transported to hospital, where she was pronounced dead. The inquest heard how her death was the result of a lethal mix of morphine and alcohol, which it ruled accidental. It also heard how it was not unusual for Hager, and occasionally other guests, to lie on the floor in the hallways or common areas, and that there were no policies or procedures in place to guide staff on determining who was beyond their level of care or when it was appropriate to call EMS. The Whitehorse emergency shelter in winter. Photo: Vincent Bonnay/APTN News Lawsuit alleges staff was negligent  The statement of claim alleges that during the staff’s numerous encounters with Hager, “it was obvious…she was dangerously intoxicated,” and that she was visible by at least two CCTV cameras. It also alleges staff failed to help Hager, “despite knowing that (she) was dangerously intoxicated.” “The death of Josephine was caused or contributed by the negligence of the Employees,” it states. None of the allegations in the statement of claim have been tested in court. It alleges staff “knowingly” allowed drug and alcohol use on site and that they were aware Hager was “dangerously intoxicated” while lying unconscious in the hallway – but failed to monitor her condition, provide assistance, call for medical help or check that she was safe and breathing. It further alleges that staff failed to follow policies and procedures. It also alleges that, in the alternative, Connective should be held responsible for Hager’s death as the organization is responsible for the “actions and inactions” of its employees. The document alleges the organization failed to develop and implement policies, procedures, first-aid training and drills for employees responding to dangerously intoxicated clients. It also alleges it failed to enforce rules prohibiting clients from possessing, consuming or selling drugs and alcohol on site. Neither Connective nor the employees have filed a statement of defence. Representatives for Connective said they were unable to respond to APTN’s request for comment by deadline. Continue Reading