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James Bain: Failure To Provide The Necessities Of Life

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Letter

September 11, 1999

Mr. Carl Roy, Chief Corporate Officer, Senior Executive
Grey Nuns Hospital
VIA FAX 930 5998
Dr. Harry Zirk,
Northern Alberta Regional Geriatric Centre
Edmonton, Alberta

Dear Sir:

RE: JAMES BAIN – UNIT # 51 – GREY NUNS HOSPITAL

The above named James Bain informed us that on Thursday, September 9th, 1999, a male person attended at his room who presented himself as a representative of Dr. Harry Zirk. Mr. Bain was not certain of the name of the person, nor did the person leave a card identifying himself as to his professional status.

According to Mr. Bain, the gentleman then proceeded to query him. He asked questions which Mr. Bain believed were meant to assess his mental capacity. He was asked what day it was, how to spell little and worlds backwards and other questions. Mr. Bain said that he thought that the gentleman was probably from Alberta Hospital.

According to Mr. Bain the gentleman failed to ask permission prior to the questioning, nor did he give him a reason for the querying. If in fact this gentleman was carrying out a competency assessment and surrogate decision making process, then the failure to obtain a valid form of consent is indeed an ethical failure and subject to challenge.

We are concerned regarding the intent of the questioning. Some months ago, when Mr. Bain lived alone in an apartment and was facing eviction, he received no support or assistance. We were told that Central Placement had no room for him and he could move “wherever he likes”. Nevertheless one day, the Case Worker brought a gentleman to query Mr. Bain and failed to inform him as to his identity. Next day we telephoned the social worker as to the identity of the visitor and it turned out to be Dr.Assad Brahim of the Alberta Hospital. She then phoned Mr. Bain to clarify the situation.

Mr. Bain is legally blind, and somewhat hard of hearing, therefore it would have been appropriate to have a friend and advocate present. Coincidentally, that same afternoon, Arlene Engel phoned the former caregiver, who has continued to be a compassionate friend to Mr. Bain. Ms. Engel requested information such as how much money Mr. Bain has, whether he has made funeral arrangements, or whether he has a will and other very personal questions of which she had no knowledge.

If you are aware of who was present in Mr. Bain’s room querying him on September 9, 1999, please inform us.

We shall be waiting to hear from you. Thank you.

Yours truly,

Elder Advocates of Alberta

Attachments

Bain10

Bain11

Duty of Persons to Provide Necessaries, Criminal Code Part VIII, Section 215
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Letter

September 11, 2001

The Honourable Mr. Justice R.P. Belzil
Judges Chambers,
Law Courts of Alberta
Edmonton, Alberta

Your Honour:

RE: Guardianship Application JAMES Keith BAIN November 17, 2000

This matter was heard before your Honour on the 17th Day of November, 2000. Elder Advocates of Alberta was assigned costs.

The following individuals strongly opposed the Application of Elder Advocates of Alberta. By their utterances, they lead the court to believe that the blind, debilitated, physically and chemically restrained Mr. Bain, who appeared comatose on afternoon of the court hearing, was not in need of guardianship:
Ms. Pat Henderson, Counsel for the Public Guardian’s Office,
Mr. Les Hills, Lawyer, Office of the Public Trustee
Mr. Richard Hreczuch, Trust Officer, Office of the Public Trustee, by affidavit
Ms. Doris Bonora, Counsel for St. Josephs Auxiliary Hospital.
Ms. Collen Freese, Public Guardian Representative filed an affidavit. Her affidavit cites the Public Guardian as
Applicant. Ms. Freese was present in court. TAB ( 1 )

  1. Ms. Pat Henderson, made certain that the court was influenced against the Elder Advocates of Alberta when she urged the court to review the Decision of Justice Marshall -DA 8809 a decision which had no relevance to the Application For Guardianship which was before your Honour.We perceive the Marshall Decision to be flawed because the participating lawyer and her client mislead the court with untruths.The Office of the Public Guardian and the Office of the Public Trustee continue to publish this Decision to the court:In contravention of Section 49 (3) (b) of the Dependent Adults Act,

    Influencing the court against us.

    Recently, they did so again during the Emma Frank hearing even though Mr. Jack Klinck QC, The Public Trustee of Alberta and others have been informed of the flawed nature of this Decision.

  2. October 25/00 We made a complaint to the Protection For Persons in Care Act Abuse Line alleging that Mr. Bain was not being adequately fed and hydrated.Ms. Bonora acting for St. Josephs Auxiliary Hospital, stated that in fact that there were orders on the file of Mr. Bain that Mr. Bain was not to be fed or hydrated, “not to receive things by mouth”. She verified our allegation. (Transcript P 29 Lines 1-6.)
  3. Pat Henderson, Office of the Public Guardian, informed the court that the facility “also opposed” guardianship. This statement is contradicted by the following:
    1. October 26/00 – During a meeting with Marilyn Snow RN, Administrator and Lynn Olinek RN of St. Josephs Auxiliary Hospital, Snow informed us that she would inform the Office of the Public Guardian that Mr. Bain required guardianship. At that time we also notified the Guardian Office. TAB ( 2 )
      Colleen Freese, Public Guardian Representative’s letter states that hospital staff informed her that Mr. Bain’s condition had deteriorated. In this letter, Colleen Freese says that in the near future she will meet Mr. Bain. In fact she visited him on the same day, the 8th.
      This letter was copied to Elaine Saunders, Public Guardian, North Region
      The letter of Freese threatened us with costs. TAB (3 )
    2. November 8/00 – Ward Supervisor, Deborah Papanikolaou, RN Functional Assessment paints a picture of a totally dependent individual, who needs to be fed all meals and exhibits “self-neglect”.
      She recorded:
      “Would need decision maker now as care has deteriorated due to refusal to accept care and ongoing changes”. TAB ( 4 )
    3. November 15/00 RE: a memo to Pat Henderson from Colleen Freese, concerning a request from St. Josephs Auxiliary Hospital:”to reassess Mr. Bain for Guardianship”This memo indicated that the matter of Mr. Bain’s deteriorating condition was again being brought to the attention of the Public Guardian’s Office. They both Henderson and Freese were aware of the information.(1) This memo included 9 pages of documentation.
      What was the documentation that was included in the nine pages which were disregarded by Ms. Freese and Ms. Henderson? TAB ( 5 )
      Ms. Freese casually notes that he was:

      “much the same”
      on November 8/00 as when she first met him in February of that year.

      (2) Her observation of Mr. Bain is frightening considering that she is a paid, public advocate who is mandated to protect and speak for vulnerable persons.
      The memo is titled re: R. Adria?.

    4. November 16/00 Colleeen Freese noted in her Affidavit paragraph 7, that she had received another call from St. Josephs Auxiliary Hospital in regard to the grave condition of Mr. Bain:
      “advising that Mr. Bain’s health has deteriorated”,
      Affidavit was issued after Mr. Bain’s decease. TAB (1)

      Despite the continuing appeals from the facility and despite the documentation received from the facility, Colleen Freese, Public Guardian Representative, did not reassess or visit Mr. Bain after November 8/00 despite the November 15/00 memo to Henderson. (TAB 5)

      Furthermore Ms. Henderson informed the court that

      “He knew his own mind” .
      The following documents and events contradict this statement:

    5. September 10, 1999 The assessment by Dr. Harry Zirk, Schedule Form I, records that Mr. Bain was:”unable to care for himself and to make reasonable judgements”.Dr. Zirk emphasized this matter three times, he circled the statement twice and and once wrote it by hand on page 2. Dr. Harry Zirk directed that they should not serve him because James Bain”would not understand the documents”. (TAB 6)
    6. November 3, 2000 The Schedule Form I assessment of Dr. Philip Klemka states that Mr Bain is:
      • “unable to care for himself”
      • “unable to make reasonable judgements in respect of matters relating to himself”

      Diagnosis: Dementia (progressive – frontal) Delusional Disorder.
      TAB (7)

    7. August of 1999, Louis Ayala Public Guardian Representative of the Office of the Public Guardian, initiated an Application for Guardianship of James Bain. TAB ( 8 )
    8. January of 2000, the Public Trustee assumed the Trusteeship of Mr. Bain. TAB (9)
    9. February 14, 2000, “Colleen” visited Jim Bain and informed him that she was his guardian.
      He said:
      “she was dirty as hell”
      and she informed him that he would never leave there.
      We later found out that “Colleeen” was Colleen Freese,
      Public Guardian Representative.
  4. Furthermore, Ms. Henderson stated that Mr. Bain was able to make reasonable decisions. Nevertheless his wishes were disregarded and his rights abrogated.
    Transcript Page 18 Lines:

    1. Such as on November 15/01 the blind Mr. Bain was informed by Debbie Papanikoloau RN BSc that Ruth was there. He responded in the affirmative. Then she asked if he wanted Ruth to be there and without hesitation he responded, “Why not?” (conversation was taped). However, Mr. Bain’s wishes were not considered. She ordered me out: “Leave.” Then she sought two other staff persons for support, Mary Dobson and a staff person from palliative care. Because I did not wish to cause a disturbance, I quietly left.
    2. November 16/00 @ 9:00PM, We were notified by a visitor of Mr. Bain that Mr. Bain was gravely ill, therefore we attended at his room and he indeed appeared gravely ill and non-responsive. He was not receiving IV or clysis.
  5. Elder Advocates of Alberta called an ambulance Re:Directive of the Protection For Persons in Care Act. TAB (10 )Ms. Henderson referred to our calling the ambulance as a “misconduct”.
    Transcript Page 36 Lines 1-10

    “We have, I would suggest it’s a blameworthy conduct on the part of Ms. Adria that there should be indemnification for the costs, we’re actually dealing with the issue of solicitor/client costs, and there has been misconduct. The whole process of involving the ambulance last night. She. . .”

    Ms. Henderson was ill informed or was deliberately misleading the court when she stated that calling an ambulance was a “misconduct” TAB (10 )

  6. Ms. Bonora stated that the ambulance attendant (resident) who was with the ambulance “decided he (Mr. Bain) did not need to be taken to a hospital”. Transcript P. 22 lines 3-6
    1. No ambulance personnel was allowed an opportunity to examine, view or even enter the room of Mr. Bain.
    2. The ambulance person with whom we spoke (conversation was taped) said he could not act in the face of Ms. Snow RN, Ms. Olenek RN (who were present) and Dr. Klemke (by phone). He said that Dr. Klemke forbade him to transfer Mr. Bain to an active treatment hospital where he could receive hydration and treatment for the advanced bedsore.
    3. The ambulance stayed on site for close to an hour.
  7. November 16/00 – Ms. Snow and Ms. Olenek informed us that they had called the police.Ms. Bonora’s statements are inaccurate concerning the attendance of the policemen on the evening of the 16th.
    I was not the only one who was present, there were four of us. The police arrived in two cars, three police rushed into the building, however when they saw the four sedate persons standing in the lobby, two police officers immediately left.

    Bonora stated that:
    “the police spoke to her and finally convinced her (Ruth Adria) to leave the facility”. Transcript Page 27, lines 18-17

    In fact, the constable who spoke to all of us, told us that he had no authority except to ask us to leave because of the instructions of Ms. Marilyn Snow, Administrator and Ms Lynn Olenek, Director of Care who said we were trespassing on private property.

  8. November 17/00 Ms. Henderson stated to the court:
    1. that Mr. Bain “has pneumonia” and indicated that his condition is “serious”. Transcript Page 19 line 18-19
    2. But Ms. Bonora stated that he was: “doing quite well” Transcript Page 37 line 22, nevertheless when we went to serve Mr. Bain with the affidavit at 1:00 PM, he appeared non-responsive, comatose.
  9. Ms. Bonora stated that CAPS did an assessment. Really! When he was being evicted from his suite in June of 1999, CAPS informed us that he could move “where he likes.” TABS (15) (16) (17)
  10. The graphic images of Mr. Bain suggest that Colleen Freese, Public Guardian Representative, must not have observed Mr. Bain too carefully or did she in fact even visit him on November 8th/00 ? Tab (11 )
  11. November 17/00 – Mr. Richard Eng and I served Mr. Bain with the affidavit concerning the Guardianship Application JAMES Keith BAIN which was to be held @ 3:00pm. Mr. Bain appeared to be totally non-responsive, comatose.
  12. November 17/00 – A guard was posted at the door of Mr. Bain’s room disallowing visits from friends and advocates.
  13. On November 17/00 @ 3:00 PM, our Guardianship Application RE: JAMES Keith BAIN was heard before the court and dismissed.
  14. November 18/00 – Mr. Bain’s family phoned both from Scotland and England, they were disallowed to speak with him. The family from England phoned three times around 5 or 6 PM. and were given mixed messages such as:
    A staff said they were unable to hook the phone to the bed.
    Mr. Bain did not wish to speak to anyone.
    You want Mr. McKenzie?
    He’s not very well

    The family in England informed us that they believed that Mr. Bain was being held incommunicado.

  15. November 20/00 letter from Doris Bain, sister of Mr. Bain of Aberdeen Scotland which requested an independent assessment and possible transfer to another facility. Her letter was disregarded. TAB (12) .
  16. November 20, 2000 A visitor to Mr Bain, Mr. Rejean Clement was informed by an RN that it was not Mr. Bain’s wishes to have his family, friends and advocates denied access and information, that in fact it was: “the Directors, the Guardianship, the authorities”. TAB (13 )
  17. On a number of occasions we were informed by (evening) nursing staff (Donna) that they believed that Mr. Bain was under guardianship. Who disseminated that misinformation?
  18. November 21/00 A priest, Father Paul, was denied access to visit Mr. Bain by Ward Supervisor Debbie Papanikolaou RN BSc.
  19. Less than a day later, November 22/00 Mr. Bain was dead.
  20. The court was informed that the bedsore was at “its commencement”. In fact it was an advanced # 4 bedsore. According to the dressing nurse, Dagmar, the flesh at the heel of the foot was falling away. TAB (11) Pages 5 & 7 of 7.
  21. Dr. Klemke was not aware of the state of the bedsore and had to have the LPN, dressing nurse, Dagmar explain the status of the bedsore on the morning of Friday October 27/00.
    • That Mr. Bain has to be administered sedation 1/2 hour prior to having the dressing changed so that Mr. Bain can tolerate the pain. (Dr. Klemka indicated that he was not aware of this pre sedation.)
    • That there was an excoriated area – 3″ to 4″ in diameter up to and around the ankle
    • The affected area was markedly reddened and infected
    • There was a necrotic area and crust
    • Ball of flesh, (the heel) was in the process of falling out.
  22. October 27/00 – 10:50 AM Dagmar, LPN, in to do dressing When she arrived in the room, she questioned whether I should hear and he indicated it was alright for me to hear her explanation of the pressure sore –
    She explained the following to Dr. Klemke:

    (Was Dr. Klemka not aware of the situation of this advanced, # 3 – #4 ulcer that he had an LPN explain to him what was going on?)

  23. All three advocates, Mr. Les Hills, Ms. Pat Henderson, Ms. Doris Bonora failed to react to the photograph of the bedsore as contained in our affidavit. They did not at any time address the matter of neglect.Bedsores are also called pressure sores or decubitous ulcers due to pressure from prolonged confinement in a wheelchair or bed. They consist of ulceration and necrosis of a localized area resulting in gangrenous tissue. Contributing factors are, reduced circulation, poor nutrition, poor nursing care. Conscientious staff must conduct regular skin checks to avoid these skin wounds and promptly adjust the plan for care and treatment in order to prevent the progression of pressure sores. There is no reason for pressure sores to reach “stage 3” or “stage 4” where muscle or bone is exposed to the air and infection.
  24. Ms. Henderson speaks with somewhat less than accuracy with untruths that were obviously fed to her by Mr.Les Hills and Mr. Hreczuch. “Yes and sir this is a pattern that’s gone on in the past, too. The arrangements for the one month with the friend Mira Nikolic, and I was advised just today, the public Trustee was that arrangement and it was totally inappropriate for him, basement suite and it wasn’t cheap either. It’s just not suitable. I don’t think we’re dealing — we’re dealing with someone who is imposing their views over and above what this dependent adult has indicated his wishes are.” Indeed! He was being evicted and we took mercy upon him. The letter of Mr. Charles Cousineau to Ms. Sheila Weatherill CEO of the Capital Health Authority, dated July 15/99 clearly articulates the perilous situation of the blind, 89 year old Mr.Bain. TAB ( 14 )
  25. The monies which Mira received were considerably less than the amount that the St. Josephs Auxiliary Nursing Home received total for the daily care of Mr. Bain. And when Mr. Bain was in the home and care of Mira, he was out of bed, fully dressed every day, his teeth were in place, his glasses on and he was washed and shaved.Henderson refers to him as a dependent adult?
  26. Furthermore Henderson states that Colleen Freese did an assessment in February, we believe that there are no documents verifying this statement. Colleen Freese attended to assume guardianship.Furthermore, to refer to Ms. Freese’s visit on November 8/00 as an assessment is taking liberty with the English language. If she had truly assessed him, she would have proceeded with an application for protection of this man, notwithstanding the further request for assessment by the St. Josephs facility on November 15/00. Transcript P. 23, lines 1-8
  27. Ms. Bonora refers to CBC television and again fails to speak the truth stating that:
    ‘They came with reporters and an investigative team and ultimately determined that there was no story and no story was done”.

    CBC cameras did attend at the St. Josephs facility on late afternoon of November 6/00 however were disallowed access. They were given a Form to give to us in order that we would obtain a signature of permission from Mr. Bain. If he was coherent and his self determination was being honored, why did they not allow CBC to approach Mr. Bain and get the signature/permission or no permission from him?

    Contrary to Ms. Bonora’s statement, a story was done on CBC evening news that same day, November 6/00, concerning his bedsore and other issues, I was interviewed.
    A number of persons later spoke to us and applauded us that we were bringing these serious nursing home issues forward.
    Transcript P.27, lines 13-14

  28. Ms. Henderson informed the court that maybe “before there may have been a need for a public guardian when he was living on his own”.We expressed many concerns to various persons and agencies while Mr. Bain was living in the community. TAB (15)Indeed, Mr. Bain had been referred to the Office of the Public Guardian but no one rendered him assistance. Please note letter from the Office of the Minister of Justice, the Honourable Mr. Hancock. TAB (16)
    He was abused by the homecare people.

    Prior to Mr. Bain’s admission to St. Josephs, Mr. Bain had been given an eviction notice.
    This blind ailing man would have been out on the street. We were informed by the Capital Health Authority that he could move where he likes . Therefore we referred him to the care of Mira Nikolic who compassionately accepted him. WE moved him to her home. No one within the system offered him assistance. TAB (17)

    There were other ways that when Mr. Bain was in care, these public advocates failed to ameliorate the difficulties of Mr. Bain- April 19/00 Lettter to Richard Hreczuch, Trustee Officer Tab ( 18 )

    We had requested that Mr. Bain be provided a paid companion for several hours, at least three times a week in order to provide social and mental stimulation for him. Hreczuch, his trustee, denied this request.
    Long term care does not provide mental stimulation for persons like Mr. Bain. They are often terribly lonely. Often they become unable to speak, virtually catatonic, because no one interacts with them.
    This paid companion was also intended to provide additional personal care, in this instance, assist him to eat and drink. Additional care is not available in such a facility. We have observed, that in far too many elder care facilities, when the elderly persons become totally dependent, their care is often less than custodial, particularly if they have no loved one or signifigant other to monitor their care. This was the situation with Mr. Bain. Tab (18 )

  29. The complaint which was dismissed by the Protection For Persons in Care Act investigative person and disregards that the Act directs mandatory reporting. The dismissal of this complaint is to their shame and is indicative of the fact that Canada is presently lagging far behind the U.S. in recognizing and penalizing elder abuse such as bedsores, weight loss, malnutrition, dehydration New York Times December 4/00 (TAB(19 ).
  30. The complaint made to the Protection For Persons in Care Act investigative officer was referred to by Ms. Bonora who stated that although there was yet no written report, “no official written report done”, that “there was no concern for his care”. Transcript Page 26, lines 15-17.
    • The information that a complaint has been dismissed comes from the Office of the Minister. How did Ms. Bonora have access to this privileged information? How did she or persons of the St. Josephs facility by pass the official process or was she fabricating the information? We received a response concerning this complaint made to the Protection For Persons in Care on December 4/00, was apparently privy to this confidential information on November 17/00 or earlier.TAB (20 ).
    • It strongly appeared that Ms. Bonora treated our Protection For Persons in Care Act complaint as something to be trivialized and disdained. It is obvious that she is not aware of the mandatory reporting directive of the Act. Mr. Bain did suffer from contracted limbs, severe foot drop, an advanced # 4 bedsore, complained of being hungry and was being chemically restrained.
  31. Ms.Bonora informed the court that she had:”reviewed the nurses’ notes”.Again, HOW DID MS. BONORA OBTAIN THIS PRIVILEGED INFORMATION? WHO GAVE HER ACCESS TO THE NURSING FILE? A nursing file is confidential, not even the Protection For Persons in Care investigator can access this file. Who would have given this lawyer permission to review Mr. Bain’s file?Transcript page 28 lines 1-4
  32. Bonora stated that there were, “orders on his chart” “not to receive things by mouth”. Transcript P. 29 Lines 1-3Her disclosure explains Mr. Bain’s empty colostomy which not only appeared to be empty but appeared absolutely clean at all times of the day, without any apparent flatus.Her disclosure accounts for Mr. Bain’s illness and subsequent death.Bonora stated: “there were times when he was not to receive things by mouth. On those days when you match the nurse’s notes to Ms. Adria’s Affidavit, he was fed by her on those days”.
    1. Why were his meal trays not cancelled if there were was an Order not to feed him? Whenever I or (Mira N). fed him, I fed him what was on his tray and after that, anything additional I had brought from home. Is this something which is carried out on the confines of the ward and not disclosed to auxiliary staff, dietary and kitchen staff?
    2. Why was there no sign on the bed or anywhere in the room that he was not to be fed or receive nothing by mouth?
    3. In any facilities in which I have worked, when there is an Order for nothing by mouth, a NOTHING BY MOUTH sign was posted on the bed or above the bed. Others who fed him or visited him can corroborate that there was no sign, at any time.
    4. I was never ordered not to feed him. As a matter of fact on the evening of October 23/00, the PCA brought Mr. Bain in from the hallway. On the day of November 15,00, I was told to leave however nothing was said about feeding.
    5. There was never an Intake & Output sheet.
    6. Who wrote the alleged order? November 14/00 AM, Mr. Bain said he was hungry! He begged Mira to feed him. Why would there be such an order?
    7. If in fact there was an order of nothing by mouth, why was no IV or clysis aministered?
    8. Was he being deliberately dehydrated? In a long term care facility, administering clysis is within the scope of the facility to administer.

    Ms. Bonora has failed to explain to us why there was a no feed order on the file.
    TAB (25).

    Ms. Bonora made an undertaking to the court to provide an affidavit which she has failed to honor.

    The result of a nothing by mouth order would rapidly result in dehydration, especially in an elderly person.

    DEHYDRATION Lack of fluid results in electrolyte imbalance, shock; kidney or bladder infection; elevated temperature due to water lack which regulates temp mechanism. The decreased plasma volume due to lack of fluid due to dehydration results in decreased blood flow to kidneys and ultimately results in kidney failure; cellular dehydration in brain results in apprehension, restlessness and confusion, followed by coma, cardiac insufficiency and death.

  33. Is dehydration and starvation something that is routinely carried out with elderly patients in our long term care facilities? Are they deliberately released from life by the ward supervisor WITH THE FULL KNOWLEDGE OF and blessing of the PUBLIC ADVOCATES of the OFFICE OF THE GUARDIAN AND TRUSTEE?
  34. Relevant entry notes from our file:On October 25/00 5:50PM – I called the Butterfly unit and spoke to the RN – Donna
    She said that Jim was pretty much the same- had not been doing well for some time – took dinner and supper well yesterday – eating and drinking well- having difficulty last week. (Mira fed him dinner the day before and I fed him a nourishment)

    I mentioned to her that he has no guardian, she responded – “I think you’re wrong”

    October 27/00, Friday- I fed him dinner which consisted of pureed main food – dish of jello – glass of milk (not thickened).

    Jim told me that he had to put his affairs in order. I told him to rest and that this could be done once he was better.

    October 27/00, Friday, @ 1:30 PM, (after dinner) Mira again fed Jim homemade cooked potatoes, smoked sausage (ground) with carrots, coffee, 2 X ice cream and a banana. She said he could hardly stay awake between mouthfuls. – Jim was very grateful and thanked her. She went home around 4:00PM.

    Friday, October 27/00 8:30 PM I fed him juice 1/3 cup, 2 dixie cups of ice cream and a whole banana, he said he felt full and thanked me for it.

    October 28/00, I went to to feed him breakfast and banana. He was not so strong that day – he said,

    “Can I die from an ulcer?” “I want to give somebody something”.

    November 10, 00 – He told Mira,
    “I need your help”. “I’m in trouble”, “I need some action here”.

    November 11/00 – Mira to visit -, she was told by the ward supervisor, Debbie Papanikolaou RN BSc that she was to leave Mr. Bain’s room for awhile. She then heard the RN ask Mr. Bain if he wanted Mira to visit, “Mira is here”.

    His response was “Mira is in my heart”. When she was allowed to re-enter, she fed him all the food she had brought. He thanked her profusely for coming, thank you, thank you, she told him that she would return on Monday. He then fell asleep.

  35. In the case of Mr Bain, was there an order which was not shared with persons such as the Elder Advocates of Alberta or even dietary staff or ward staff such as the PCA’s? Mr. Bain had a strong desire to live. He said he had “unfinished business”. He said he wanted to “give someone something”.
  36. Ms. Bonora was vague and misleading when she stated that the nurse “found them” The inference was that Mira and I were feeding him hard candies. She continues and apologizes to the court that because the nurses’ notes are not clear, she therefore excuses her “allegations” which she then terms as: “inappropriate”. Indeed! The allegations could be termed untruthful.
    Her allegations to the court could only be interpreted that I had fed Mr. Bain hard candies.

    At no time did I feed Mr. Bain hard candies.
    Transcript Page 29 Lines 7-17

  37. Ms. Bonora also stated: “he has difficulty swallowing”. Where did she get that information? At no time did any of us note that he had difficulty swallowing. At all times, during that period, on and after October 22/00, when he was offered food, he was hungry, eager to eat and able to eat. Except, when he was so heavily medicated (chemically restrained) that he could not stay awake during mouthfuls. He fell asleep with food in his mouth. Sometimes the trays contained liquids that had been thickened, sometimes they were not. Evening liquids left on his bedside table, water and juice was never thickened. Trays always appeared when we were there. Ms. Bonora stated: “Some people can’t be fed”. What did she mean? She did not express a remedy such as another means of feeding or giving fluid, tube feeding, IV or clysis. What is her medical education to allow her to make this pronouncement?”
  38. Ms. Bonora stated, as if it were fact, that we were responsible for the alleged pneumonia of Mr. Bain.Her allegation cannot be substantiated.”The people at the facility at St. Joes believe that Ms. Adria is actually a DANGER to Mr. Bain and here are the reasons. First of all, his pneumonia that he presently has is likely aspirated pneumonia from being fed.”Transcript Page 28 lines 23-27.
    1. Aspiration pneumonia is most difficult to diagnose unless done so by X Ray which would not have happened in regard to Mr. Bain. Furthermore, aspiration pneumonia is characterized by abrupt onset accompanied by dyspnea, cyanosis, low grade fever and rales.
    2. Mr. Bain apparently became ill again on the 16th.
    3. The morning of November the 13/00 was the last time Mira Nikolic fed Mr. Bain. I attempted to feed him in the evening but was unable to because he appeared to be too heavily medicated and could not stay awake. Mira again visited on the morning of the 14th of November at which time Debbie Papanikoloau, RN did not allow her to feed Mr. Bain.
    4. November 15/01, I was present at 9:00 AM and was immediately ordered to leave by Debbie Papanikoloau. There was no tray because the breakfast normally arrived at 9:30AM.
    5. On the morning of the 15th, Mr. Bain exhibited no dyspnea, cyanosis, rales or any kind of difficult respiration or evidence of distress. That morning, we taped the conversation that we had with Mr. Bain.
    6. As stated above Aspiration pneumonia is characterized by abrupt onset. How could I be responsible for the alleged pneumonia of the 16th?
    7. It is more likely that the illness was a resurgence of the virulent sepsis (blood poisoning) which was due to the exposed muscle and bone of the bedsore or that that Mr. Bain was finally succumbing to the lack of fluids resulting in dehydration and starvation.
  39. Affidavit of Colleen Freese, Public Guardian Representative TAB (1) is contradictory and less than accurate, truthful or complete.
    1. Her Affidavit cites the PUBLIC GUARDIAN as the APPLICANT and the PROCEDURE as an APPLICATION FOR GUARDIANSHIP. Was that filed in the court in that way to confuse anyone who would review the file and disallow us or anyone to access the file? TABs (8) (9)
    2. According to staff at the surrogate court counter, we were told that we had not been the applicants, we were disallowed to review the file.
    3. Ms. Freese fails to mention our Application For Guardianship court hearing of November 17/00 in her affidavit.
    4. Ms. Freese said she visited Mr. Bain on the 8th of November. When we visited him on the evening of the 8th of November, 2000, he was heavily medicated (chemically restrained), he did not even stir when I examined his severe bedsore which previously would have brought a loud outcry. TAB (5)
    5. Her affidavit fails to address the serious condition of Mr. Bain, the fact that he was blind and ailing and belted to a recliner. She fails to mention his advanced bedsore, his contracted limbs, his inability to give himself any self care or feed himself.
    6. Ms.Freese mentions the Louis Ayala assessment of February of 2000, but fails to mention that Mr. Ayala had already commenced an Application for Guardianship on September 9/99 which was halted when we brought forward a person in the community as a possible guardian. TAB ( 8 ).
    7. She states that she went to assess Mr. Bain in February but fails to mention that in fact she went to inform him that she was his guardian. He was very upset by her visit.
    8. Her affidavit is dated well after Mr. Bain’s decease however she fails to mention his decease.
    9. Her affidavit fails to mention that on November 16/00 she informed Mr. Cousineau that the office of the Public Guardian would not proceed with an Application. Transcript P 15, lines 6-9.
    10. Ms. Freese, the Public Guardian Representative failed to mention in her affidavit that she had threatened Elder Advocates of Alberta with costs.
    11. Ms.Freese fails to mention the 10 page memo of November 15/00 which notes that St Josephs Auxiliary Hospital requests her to reassess Mr. Bain which contained nine pages of documentation. The memo was copied to Ms. Henderson. She fails to reveal what was in the extensive attached documentation. TAB (5 )
    12. Her affidavit indicates that this public advocate made no effort to again visit Mr. Bain after the 8th of November/0. She fails to mention that counsel of the Public Guardian’s Office strongly opposed the Application for Guardianship on the 17th of November but rather presents her as the Applicant.
    13. Her affidavit fails to mention that Mr. Bain was referred to the Office of the Public Guardian when he still lived in the community and was being abused by homecare (1999). The letter of the Honourable Mr. Hancock. TAB (15) (16)

    Mr. Bain died on the November 22/00.

  40. Affidavit of Mr. Richard Hreczuch Trustee Officer
    filed by Les Hills, lawyer for the Office of the Public Trustee TAB (20 ) (See also: Emma Frank)

    1. Mr. Hreczuch states in paragraph # 2 that the Office of the Public Trustee was appointed as Trustee in January 24/00 when in fact this application was begun in September of 1999. Mr. Hreczuch fails to mention the Form I which was prepared by Dr. Harry Zirk on September 10/99.
    2. After Mr. Bain became a resident of St Josephs Auxiliary Hospital, Mr. Hreczuch and Mr. Les Hills went to the home of Mira Nikolic in a little old car. They entered her home, looking (snooping) through the lower rooms, the living room and bedroom where Mr. Bain had lived, looking for and asking for information concerning where his bank accounts were located. They wanted to know from her where his bank accounts were. She was intimidated by them and therefore let them in.
    3. Mr. Hills and Mr Hreczuch fail to mention this incident in their affidavit.
    4. This happened in October, long before they were appointed trustee by the courts. The Public Trustee was appointed in January.
    5. Representatives of the Office of the Public Trustee have stated that Mr. Bain had wanted them to be his trustee. So why did Mr Bain not inform them of where his monies and assets were?.
    6. Why did he not sign a consent for them which would have avoided a court hearing?
    7. Why on November 23/99 did Mr. Bain ask Ruth Adria to set up a flexible account with CIBC in favour of his sister Doris Bain? Ultimately he would not sign this request, shouted, made a scene and embarassed her. Mrs Mickey Berezan was the contact at CIBC, Ph. 429 7505.
    8. Why did Mr. Bain ask Ruth Adria in December of 1999, to obtain a money Order for 100 pounds, to send to his sister Doris Bain for Christmas? Why did he not ask them? TAB (21 )
    9. Paragraph 3 of Mr. Hreczuch Affidavit states that he attended with Mr. Hills at the nursing home on July 16/00 at the request of Mr. Bain. In fact it was a response to our appeal of April 19/00 for care. Our request was repeated on September 4/99. TAB (18 )
    10. Mr. Richard Hreczuch fails to mention in his affidavit that he did in fact visit Mr. Bain on or about May 11/00 in his first response to our April 19/00 letter which was our appeal to gain some assistance for Mr. Bain. TAB (18)
    11. Mr. Hills and Mr. Hreczuch knew how to aggravate and destabilize Mr. Bain. Transcript Page 28, lines 2-13) This caused the reaction of Mr. Bain to say he did not wish any interference in his affairs, especially spending his money on wheel chairs and such. Mr. Bain was a confirmed miser and that was how he was able to accumulate his hundreds of thousands in savings. On one occasion when we had taken him to the doctor and later attended at a pharmacy to fill his prescription, Mr. Bain wished us to pay for the prescription.
    12. On Sunday May 14/00, We visited and found Mr. Bain to be most angry about the wheel chair in the bathroom because he thought that he had been made to pay for it. He said, “I can walk” When I examined the chair I found that it was a chair belonging to the facility. Who gave Mr. Bain this misinformation? He was blind and could not walk without assistance, so he could not have come to that conclusion on his own. Mr. Les Hills and Mr. Richard Hreczuch knew which buttons to push to cause Mr. Bain to fall into a rage concerning his money.
    13. That Sunday his pants (pyjama bottoms) were half-way off, he still had a bib on. Mr. Hills and Mr Hreczuch refused to allow his money to be spent to ameliorate his needs. Mr. Bain did not have a will and had no family in this country.
    14. Mr. Hreczuch?s affidavit fails to mention that Mr. Bain was either heavily medicated or confused, that he suffered from contracted limbs, a number # 4 bedsore and was unable to give himself any self care or even feed himself.
    15. Dr. Harry Zirk filled out a Form I, nine days after Mr. Bain was admitted to the Grey Nuns Hospital, which facilitated the Office of the Public Trustee to assume trusteeship of Mr. Bain without the permission or even knowledge of Mr. Bain. If we had not have opposed the application, the application would have been processed like a hamburger at McDonalds.
    16. When we made Application For Trusteeship of Mr. Bain, we were informed by our lawyer that Mr. Jack Hoffman, Lawyer, Public Trustee Office stated that we were “tainted”. Mr. Hoffman refused to withdraw their Application and therefore we withdrew.
  41. On November 17/00 before the court, Mr. Les Hills, Public Trustee counsel, stated “I guess it would be the position of the Public Trustee that this is hardly an urgent matter. “I’m not sure why we are here on an urgent basis on a Friday afternoon given the circumstances”. Was this public advocate trivializing Mr. Bain’s situation? Even if Mr. Bain had not developed the severe life threatening infection due to the bedsore, Mr. Bain was in difficult circumstances. He was totally helpless and dependent due to his blindness and colostomy. Was Mr. Hills not briefed and warned of Mr. Bain’s illness or did he deliberately choose to ignore his grave condition? TABS (4) (5) (6 ) (7) (11)Our affidavit verbally described Mr. Bain’s condition and contained photographs of the bedsore and Mr. Bain’s grave condition which Ms Henderson referred to as the “lengthy one”. Obviously it was not long enough for her or the others to get the message.
  42. Mr. Hills further stated that:
    “If Ms. Adria … .if her concerns are bonafide, I mean, she could work with hospital staff. Instead she’s chosen to bring this application on a rush basis without appropriate notice and so the Public Trustee would also be seeking costs against the applicant.” Indeed:

    1. In August of 1999, we and others commenced Application for Guardianship and later for Trusteeship. This is extensively documentation All Applications were strongly opposed by the public advocates.
    2. September 11, letter to Mr. Carl Roy and Dr. Harry Zirk, no response was received. It was Dr. Harry Zirk, who filled out the Form I and who recommended that Mr. Bain not be notified of this matter. This is a most disturbing and even frightening matter. TAB (22) (6)
    3. We appealed to Dr. Klemka, his physician who did not return our calls. Finally we were able access his assistant, Dr. Newnham and told him that Mr. Bain was being overmedicated, that his cheek was swollen and therefore was unable to put his teeth in his mouth and that he was drooling. The physician thought I was phoning from the ward and informed me that the Risperdol had been bumped up. December 6/99 Did these professionals not observe the serious side effects of the over-medication? February 3/00 we again expressed concerns regarding the overmedication of Mr. Bain, this time by letter. TAB (23)
    4. We had appealed to the Trustee’s office for amelioration of Mr. Bain’s needs to which he and his staff did not have the courtesy to even respond. However finally, Mr. Hills and Mr Hreczuch did visit Mr. Bain and gave him misinformation which distressed him. TABS (18 )
    5. We also contacted Ms. Fairweather who was his SW who failed to respond. We then were able to determine that a Ms. Doreen Andrews was the contact however she never did respond to our concerns April 19/00 TAB (18)
    6. We appealed to Ms. Debbie Papanikoloau RN by telephone and also at his bedside, that Mr. Bain wished to have his wafer cut with a larger opening (the colostomy prosthesis) because it was causing him discomfort. December 19/99
    7. Phoned Debbie Papanikolaou RN that he required assistance with feeding, they should announce that the tray is in his room and assist to set up, cut up his meat, inform him what is on the tray. Sometimes Mr. Bain was not aware that it had been brought into his room or when he was sleeping. She responded that this blind man should ask. December 20/99
    8. October 24/00 T/C to Ms. Marilyn Snow Director, informed her that Mr. Bain was out in hallway with no fluids. This gravely ill man belted to a recliner chair in the hallway, presented a macabre picture.
    9. We met with Ms. Snow, Director of St. Josephs Hospital and Ms. Lynn Olenek, Director of Care in the Office of Ms.Snow on October 26/00. Amongst other things, I mentioned that he liked coffee and ice cream. This request was not honoured.
    10. October 24/00 Phoned the Ministers Office, Mr. Stan Woloshyn, Minister for seniors, Community Development. The lady on the phone, Sharon Schneider told me that she was not sure what she should do, I advised her to please phone the St. Josephs Hospital.
    11. October 25/00, Phoned Mr. Bain’s physician, Dr. Klemka, he did not return our call, later said he had lost the phone number.
    12. Called for an ambulance according to the Protection For Persons in Care Directive, November 16/00. We were told to leave by Snow and Olenek. TAB ( 10 )
    13. November 21/00, a Priest was denied access to a catholic facility.

    At no time did it appear that concerns were being heard or dealt with.

  43. Throughout this hearing and the affidavits and court testimony, there are conflicting statements as to whether Mr. Bain
    1. appreciated the visits of Mira Nikolic and Ruth Adria,
    2. merely tolerated them Hreczuch again refers to this matter in paragraph

    Either the affiants who submitted sworn evidence are being dishonest and telling the story as suits their agenda or Mr. Bain was inconsistent in his statements to them. We have a taped statement, when asked if he wanted Ruth Adria present saying, “Why not?”,

    1. Informed the family of his grave condition and they sent a letter, November 20/00 which was disregarded. This letter was also hand delivered to my MLA, the Honourable Mr. David Hancock and was not acted upon. TAB (12 )
    2. November 21/00, a Priest was denied access to a catholic facility.

    At no time did it appear that concerns were being heard or dealt with.

  44. Throughout this hearing and the affidavits and court testimony, there are conflicting statements as to whether Mr. Bain
    1. appreciated the visits of Mira Nikolic and Ruth Adria,
    2. merely tolerated them
    3. told them to get out. Mr. Hreczuch again refers to this matter in paragraph 5 of his affidavit.

    Either the affiants who submitted sworn evidence are being dishonest and telling the story as suits their agenda or Mr. Bain was inconsistent in his statements to them.

    We have a taped statement, when asked if he wanted Ruth Adria present saying,

    “Why not?”,

    For example, Ms. Henderson contradicted the Guardianship Information Form of November 8/00 of Deborah Papanikolaou, RN, BScN, charge nurse of Mr. Bains’s ward. Papanikolaou stated that Mr. Bain:

    “did not enjoy visitors”

    and that he rudely told them to leave and that he told Ruth and Mira to leave,

    Whereas, Ms. Henderson informed the court a number of times that Mr. Bain

    “enjoyed the company of Ms. Adria and M. Nikolic. This is later repeated by her,

    “He enjoys people coming for visits”.
    Transcript P. 21, line 14

  45. It becomes patently clear that the Office of the Public Guardian and the Office of the Public Trustee will stop at nothing to deny us the right accorded by the Dependent Adults Act, Section 5 to advocate for a vulnerable elder. They clearly do not wish us to have any window into their behavior or activities.
  46. To date, this Application For Guardianship has cost us close to $1,600.00 in fees, fees to Counsel, transcript fees, and other considerable costs. Nevertheless we were denied access to review the file at the court house, note the cover of the transcript. TAB (24)
  47. We submit that Mr. Bain:
    • Was not adequately fed or hydrated to sustain life
    • Was hungry – begged to be fed
    • Evidenced severe neglect
    • Evidenced dramatic weight loss
    • Expressed fear of his situation, said he was in trouble
    • Expressed concern about unfinished business – wished to give someone something
    • Was chemically restrained.
    • Suffered from an advanced # 4 bed sore which could necessitate amputation of leg or result in systemic sepsis which could cause death.
    • Suffered from a virulent infection
    • Suffered from bone contractures, severe foot drop
    • Was administered poor hygiene, frequently did not appear washed, shaved or cared for, teeth not in place,
    • Failed to be taken out of bed or out of facility
    • Was neglected by the physician who failed to keep himself informed of Mr. Bain’s health issues and bedsore

    Ultimately Mr. Bain was disallowed any outside contact – totally isolated,

    • not allowed to receive phone calls from family in Scotland and England
    • not allowed visitors and advocates
    • not allowed a visit by Priest
    • Isolating this elderly man from family, friends and community is in contravention of the Protection for Persons in Care Act Chapter P-19,5

This Act defines abuse to include:

1(a) ii “Intentionally causing emotional harm. . . . . coercing or restricting from appropriate social contact”.

It is difficult to understand why these public advocates opposed an Application for Guardianship on November 17/00 @ 3:00PM.

Mr. Bain died at noon on November 22/00.

Respectfully submitted,

Elder Advocates of Alberta

cc.

The Honourable Mr. David Hancock QC, Minister of Justice MLA
The Honourable Chief Justice, Mr. Allan Wachowich

HAND DELIVERED
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Response

Belzil Order 1

Belzil Order 2

Belzil Order 3
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Letter

HAND DELIVERED

April 21, 2010

Mr. Les Hills, Deputy Trustee,
Office of the Public Trustee
4th Floor, Brownlee Bldg.
10365 97 Street, Edmonton, AB T5J 3Z8

Dear Mr. Hills:

Re: APPLICATION FOR GUARDIANSHIP, JAMES BAIN – NOVEMBER 17, 2000.

We have become aware that on, January 3, 2002, a year after the said court hearing, you personally filed a writ of enforcement / lien against our domicile.

In reviewing the transcript of the Hearing, it is patently clear that on the afternoon of Friday, November 17, 2000, Justice R. Paul Belzil, was mislead by the utterances of those who opposed the Guardianship Application. This is a criminal offense.

The court was lead to believe that the blind, debilitated, physically and chemically restrained Mr. Bain, who was comatose on the afternoon of the court hearing, was not in need of guardianship.

On the morning of the Hearing, when we served Mr. Bain with the Court Application, he was non-responsive. A guard was seated at his door, barring his door. After that day, we were allowed no access to Mr. Bain. He died five days after the Court Application.

We have numerous photographs of Mr. Bain taken prior to the Hearing.

We ask you to now remove the writ off of the property. Thank you,

We would be grateful to be in receipt of the confirmation that the Writ of Enforcement has been removed by the 10th of May, 2010.

Yours truly,

Elder Advocates of Alberta Society

Attachment: Copy of Writ of Enforcement dated January 3, 2002
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Response

Bain Gov 1
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Letter

HAND DELIVERED

May 25, 2010

Mr. Les Hills,
Deputy Trustee of the Office of the Public Trustee.
4th Floor, Brownlee Bldg.
10365 97 Street, Edmonton, AB T5J 3Z8

Dear Mr. Hills:

Re: Guardianship Application JAMES BAIN – NOVEMBER 17, 2000.

Further to this matter. We acknowledge the correspondence of Ms. Gwen Chamaschuk, Barrister and Solicitor dated May 6th, 2010.

It is troubling that as recently as December 4th, 2009, the busy Office of the Public Trustee renewed a Writ of Enforcement against the domicile located at 6403 123rd Street.

We reiterate that on November 17, 2000, by testifying that Mr. Bain did not need a Guardian, Officers of the Court, including Mr. Hills, deliberately mislead the Court. We are attaching photographs of the blind, debilitated, physically and chemically restrained Mr. Bain, who was comatose when we served him on the afternoon of the Hearing, According to court testimony, Mr. Bain was being deliberately denied food and hydration.

We respectfully ask you to now remove the writ off of the said property. Thank you,

We would be grateful to be in receipt of the confirmation that the Writ of Enforcement
has been removed by the 5th of June, 2010.

Yours truly,

Elder Advocates of Alberta Society

Attachments: 10 photographs of Mr. James Bain
Form I dated September 10th, 1999

cc. Ms. Gwen M. Chamaschuk
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Letter

November 17, 2006

The Honourable Mr. Ron Stevens, QC
Minister of Justice and Attorney General
Room #208, Legislature Building
10800 – 97 Avenue
Edmonton, AB T5K 2B6

Dear Mr. Minister:

JAMES Keith BAIN deceased at Capital Care, St. Josephs Auxiliary Hospital, 10707 – 29 Avenue NW, Edmonton, AB, November 22, 2000.

We strongly allege that Mr. Bain died of starvation and dehydration because he was denied nutrition and hydration.

On November 17, 2000, We made Application to the court for the Guardianship of Mr. Bain. He was under Trusteeship of the Public Trustee DAO3 10673.

Mr. Bain, 91 years of age, was blind, debilitated, physically and chemically restrained. On the afternoon of the court hearing, when we served him with the Application for Guardianship, he appeared comatose and non-responsive.

The following individuals strongly opposed the Application of Elder Advocates of Alberta. By their utterances, they lead the court to believe that the blind, debilitated, physically and chemically restrained Mr. Bain, who appeared comatose on afternoon of the court hearing, was not in need of guardianship:

  • Ms. Pat Henderson, Counsel for the Public Guardian’s Office
  • Mr. Les Hills, lawyer, Office of the Public Trustee
  • Mr. Richard Hreczuch, Trust Officer, Office of the Public Trustee, by affidavit
  • Ms. Doris Bonora Counsel for St. Josephs Auxiliary Hospital
  • Ms. Colleen Freese, Public Guardian Representative filed an affidavit. Her affidavit cites the Public Guardian as Applicant. Ms. Freese was present in court. TAB (1)

During the Court Hearing of November 17, 2000, Ms. Doris Bonora Counsel for St. Josephs Auxiliary Hospital informed the court that she had “reviewed the nurses’ notes”.

Ms. Bonora stated that there were “orders on his chart […] not to receive things by mouth”. (Transcript p. 29 Lines 1-3)

Her disclosure explains Mr. Bain’s empty colostomy which not only appeared to be empty but appeared absolutely clean at all times of the day, without any flatus.

Her disclosure accounts for Mr. Bain’s illness and subsequent death.

Ms. Bonora stated:

“there were times when he was not to receive things by mouth. On those days when you match the nurse’s notes to Ms. Adria’s Affidavit, he was fed by her on those days”.

If there were Orders not to feed him:

  1. Who wrote the alleged orders?
  2. Why were his meal trays not cancelled Whenever I or (Mira N). fed him, we fed him what was on his tray and after that, anything additional we had brought from home. He always appeared hungry. Is this withholding of food and hydration, something which is carried out on the confines of the ward and not disclosed to auxiliary staff, dietary and kitchen staff?
  3. Why was there no sign on the bed or anywhere in the room that he was not to be fed or receive nothing by mouth?
  4. In any facilities in which I have worked as a registered nurse, when there was an Order for nothing by mouth, a NOTHING BY MOUTH sign was posted on the bed or above the bed. Others who fed him or visited him can corroborate that there wasn’t any sign, at any time.
  5. On the evening of October 23/00, the Personal Care Aide brought Mr. Bain in from the hallway for me to feed him.
  6. On November15/00, I was present for the breakfast meal, there was a breakfast tray.
  7. No Intake & Output sheet was posted.
  8. November 14/00 AM, Mr. Bain said he was hungry! He begged Mira N. to feed him. “Feed me, I’m hungry.”
  9. November 15/00 Mr. Bain told me, “I don’t get too much food lately.”
  10. Why was no IV or clysis being administered?
  11. Was he being deliberately dehydrated?

In a long term care facility, administering clysis is within the scope of the facility to administer.

Ms. Bonora has failed to explain to us why there was a ‘no feed’ order on the file.
Ms. Bonora made an undertaking to the court to provide an affidavit which she refused to honor.

The result of a ‘nothing by mouth’ order would rapidly result in dehydration and ultimately death, especially in an elderly person.

dehydration: Lack of fluid results in electrolyte imbalance, shock; kidney or bladder infection; elevated temperature due to water lack which regulates temp mechanism. The decreased plasma volume due to lack of fluid due to dehydration results in decreased blood flow to kidneys and ultimately results in kidney failure; cellular dehydration in brain results in apprehension, restlessness and confusion, followed by coma, cardiac insufficiency and death.

We submit that Mr. Bain:

  • Was deliberately not adequately fed or hydrated (after October 22, 2000)
  • Was hungry – begged to be fed
  • Evidenced severe neglect
  • Evidenced dramatic weight loss
  • Expressed fear of his situation, said he was in trouble
  • Expressed concern about unfinished business
  • wished to give someone something
  • Was being seriously chemically restrained.
  • Sufffered from an advanced #4 bed sore which could necessitate amputation or result in systemic sepsis which could cause death.
  • Suffered from a virulent infection
  • Suffered from bone contractures, severe foot drop
  • Was administered poor hygiene, frequently did not appear washed, shaved or cared for, teeth not in place,
  • Failed to be taken out of bed or out of facility
  • Was neglected by the physician who failed to keep himself informed of Mr. Bain’s health issues and bedsore

Ultimately Mr. Bain was disallowed any outside contact totally isolated,

  • not allowed to receive phone calls from family in Scotland and England
  • a guard was posted at his door November 16, 2000.
  • not allowed visitors and advocates
  • not allowed a visit by a Priest

Mr. Bain died at noon on November 22/00.

His remains were sent to the Medical Examiners Office.

We have extensive, detailed documentation concerning this matter.

We respectfully ask your investigation into this matter. We would be grateful to be in receipt of your response by December 7, 2006.

Elder Advocates Of Alberta Society

HAND DELIVERED

CC:

Honourable Iris Evans, Minister of Health and Wellness
Honourable Yvonne Fritz, Minister of Seniors & Community Supports
Dr. Kevan Taft
Mr. Brian Mason, BA
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Attached Documents

Page 1

Page 2
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Attached Images

jamesbain

October 22/00 6:30PM: There were pink toothet mouth swabs on his bedside table which one only finds at the bedside of post surgical patients and terminally ill patients who are unable to eat or take fluids and therefore require mouth care. That same evening, I fed him three dixie cups of ice cream and a muffin, which he eagerly received. I later wondered why these oral swabs were there when in fact he appeared to be eating well.

jamesbain

October 24/00 3:15PM: Mr. Bain was on a semi-recliner. Around his mouth was dirt, there were remains of a yellowish liquid which had dripped down his cheeks onto his neck and a dirty towel. His face and eyes were unwashed. He was unshaven and unkempt, his gown filthy. The soiled towel around his neck covered the night gown which was soiled from spilled liquid that had dried. He appeared heavily drugged, totally neglected, and gravely ill. We found later that he had a severe infection from the bed sore. Shortly prior to 5:00 PM, we called the Protection for Persons in Care, but it was already closed. We reported to the Protection for Persons in Care the next morning at 8:20PM. We had to repeat the complaint to three different people at the facility, all Registered Nurses.

jamesbain

October 24/00 3:15PM: I examined his colostomy bag and found it to be totally flat and empty, there was no flatulence in the bag, it appeared to be clean. There was a taut gauze bandage which came from his back and extended across the top of the round opening of the colostonomy bag. I assumed that he must have had a decubitus ulcer on his back, and therefore the gauze bandage was placed tightly across the colostomy opening. Or did they attempt to close of the opening of the colostomy?

jamesbain

On numerous occasions, we found the colostomy bag empty, there was no apparent flatulents.

jamesbain

His left foot was swollen. The severely ulcerated area on his swollen foot is a pressure sore (bed sore); the result of neglect. We were told that the flesh on his left foot had become necrotic, and had to be debrided, causing the heel bones to be exposed. He also exhibited severe footdrop, and some positional deformity, particularly in his left foot. He also suffered contractures of his legs.

jamesbain

October 26/00 10:35AM: After Mr. Bain had eaten, food remained in his mouth because he was so excessively medicated he could not stay awake long enough to swallow it. Lynn Olenek, RN (Director of Nursing Care and Pastoral Care), attended with another tall blonde person, whom we believe to be the Protection for Persons in Care Act (PPCA) investigator. Ms. Olenek introduced herself, but did not introduce the person who was with her. Ms. Olenek inquired who I was, and then they both immediately left the room. They looked briefly at Mr. Bain but made no attempt to address him, nor did he seem to be aware of them.

jamesbain

Mr. Bain was on a pressure bed. Sometime he was given thickened fluids, and sometimes liquids. This indecisive process was evident on his meal trays. We have since learned from the lawyer for the Office of the Public Guardian that there was an Order Not to Feed on his file. Nevertheless, we were never notified of this, there was no sign on the bed. Whenever we or others were to feed him, meal trays appeared.

jamesbain

November 12/00: He was being chemically restrained.He could not eat ice cream on that day. He said he wished to have some, but could not stay awake between mouthfuls.

jamesbain

He was also being physically restrained. He was tied to his bed and chair.

jamesbain

November 16/00 9:30PM: We exposed the twisted, neglected limbs to the Chief Executive Officer, Marilyn Snow, RN. We questioned her on whether she was aware of Mr. Bain’s neglected condition. She replied a number of times that she was totally aware of everything in the facility.
November 17/00: A guard was posted at the door of his room. Friends and advocates were denied access. Ms. Pat Henderson, Counsel for the Public Guardian’s Office, and Ms. Colleen Freese, Public Guardian Representative, Mr. Les Hills, Trust Officer, Mr. Richard Hreczuch, Trust Officer, Ms. Doris Bonoroa, Counsel for St. Josephs Auxiliary Hospital, made presentations to the court that this blind, ninety-year-old man could instruct staff and that he did not need a guardian. The statement was also made that the Protection for Persons in Care Act investigator had found no evidence of neglect.
November 21/00: A priest was denied entry.

jamesbain

November 22/00 12:00PM: Mr. James Bain dies.
Even in Death, his nails are not trimmed.

jamesbain
jamesbain

In nursing homes, neat, clean, white bandages deceptively hide horrific secrets. His left foot was swollen.

jamesbain

This is a picture of someone who has an infected heel, similar to that of Mr. Bain’s.

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Letter – January 2007

REGISTERED MAIL

January 3, 2007

The Honourable Mr. Ron Stevens, QC,
Minister of Justice and Attorney General
# A210, 1600- 90 Avenue SW
Calgary, AB. T2V 5A8

Dear Mr. Minister:

Re: JAMES Keith BAIN deceased at Capital Care, St. Josephs Auxiliary Hospital, 10707 -29 Avenue NW, Edmonton, AB, November 22, 2000.

Upon inquiry, your Department informed us that on December 8th, 2006, our November 17th, 2006 complaint concerning Mr. Bain has been sent to the Ministry of Seniors.

We strongly allege that Mr. Bain was deliberately starved and deprived of life. We perceive this matter to be criminal and should be dealt with under the Criminal Code.

When a person who is not elderly or vulnerable, has been physically or sexually assaulted, the assault is classified as a “crime”. The police are called, the crown prosecutor prosecutes, and the perpetrator is sent to prison or given other punishment. However, when a frail, dependent, elderly person is physically or sexually assaulted, we classify the assault as “elder abuse”. Instead of a police investigation, the care provider organization itself, a social service organization, a licensing agency, or some other administrative body may or may not investigate the report. The result is often an administrated remedy such as a fine, or the firing of the alleged perpetrator or nothing. For example in the Jenny Nelson matter, there were no remedies whatsoever. No one was held accountable. One of the participants was given a significant promotion.

In Alberta and across the country there appears to be no intent to afford vulnerable crime victims, justice. Alberta legislation, some of which has been enacted for over thirty years, such as the Health Facilities Review Committee Act, the Ombudsman Act, the Fatality Inquiries Act and the non-punitive, non-inclusive Protection For Persons In Care Act, clearly demonstrates this.

This failure trivializes crime against vulnerable elderly and encourages perpetrators to target this population because they believe, and rightly so, that there is little chance that they will be held accountable or even arrested, tried, or convicted.

Elderly crime victims deserve equal justice, including James Keith Bain.

We respectfully ask you to reconsider your investigation into this matter. We would be grateful to be in receipt of your response by January 26th, 2007.

Elder Advocates of Alberta Society

Honourable Dave Hanncock, Minister of Health and Wellness
Honourable Greg Melchin, Minister of Seniors a& Community Supports
Dr. Kevan Taft
Mr. Brian Mason, BA

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Letter – May 2011

HAND DELIVERED

May 16, 2011

The Honourable Mr. Justice R.P. Belzil

Judges Chambers,
Law courts of Edmonton,
Edmonton, Alberta

Your Honour:

RE: Guardianship Application JAMES Keith BAIN November 17, 2000

Further to the above noted matter. Your Reasons for Judgement states that you reviewed a copy of Justice Marshall’s decision in the matter of Dorothy Hart and Ruth Adria. We question why you would have done so when in fact the Marshall Decision was not in any way relevant to the James Bain matter.

We are attaching a copy of your Judgement which was delivered orally at the Edmonton court house, November 17, 2000 and also a brief review of the James Bain matter.

Further to the matter of the Marshall Decision,

THE MARSHALL DECISION  – ENID GAHR   SURROGATE COURT – November 3, 1999 File # 8809

  1. November 1996, Enid Gahr was referred to us by a social worker Germaine Lehody who had received  a call from Enid asking for help. Ms.Lehody said that Enid probably could not be helped, she was right. We were not able to help her although we tried!  It was a long sad journey.  Enid would phone us from the public phone at least once or more a day.   
  2. Enid was under trusteeship and guardianship of her daughter and son. June 9th and 23rd, 1997. We appealed to the Office of the Public Guardian to review her situation. We received a troubling response from Glyn Davies, Public Guardian Manager, Office of the Public Guardian. No one from the Public Advocates Office interviewed Enid. EXHIBIT *
  3. The Office of The Public Guardian trivialized Enid’s concerns. 
  4. For example, her guardians denied her a phone. However the report stated that she had access to a phone, the phone was located in a busy, noisy sitting room where there was a bird, people visiting and persons played the piano. She could not phone long distance to her friend in Saskatchewan.  Furthermore, her calls were almost always interrupted by other residents who wished to also use the phone. 
  5. We filed a Supplementary Affidavit September 17, 1999, which details the sad journey of one elder’s neglect and abuse by family, nursing staff and the lawyer who was paid by Enid Gahr’s money and who was ethically mandated to act in the best interests of the elder.
  6. Our affidavits, filed, outline three periods, during which she was known to us which extended from November 1996  until December 2, 1998. In December we were barred from visiting her. As noted in our affidavit, an entire page and photographs depict the neglect and deprivation Enid endured during that third period at the Jubilee Lodge Nursing Home. Enid owned a modest house and bank account. 
  7. EXHIBIT (photographs) EXHIBIT (Affidavit). Everyone failed Mrs Gahr.
  8. Ms. Terri Mann, Weir Bowen, Counsel for the guardians and trustees of Enid Gahr, mislead the court, with her utterances and filed, sworn, written submissions to the court.
  9. Her Special Chambers Brief filed at the court September 15, 1999, was misleading and untruthful.  Her affidavit has four pages, titled: “Enid Gahr’s need for a Guardian and Trustee”
  10. On Page 13 para 28  – of that sworn Brief, Lawyer, Terri Mann communicated to the court that we were demanding that Enid Gahr should not have a guardian and trustee. She wrote: “notwithstanding the voluminous medical documentation, the Respondent has continued to voice objection to the Dependant Adult status”
  11. This statement is seriously misleading. On September 1999, we did not recommend that Enid Gahr should not have a guardian and trustee. As a matter of fact on page 10 & 11 of our affidavit we stated, “I make this affidavit in support of an Order” The requested Order was that the son and daughter be removed as guardian and trustee and be replaced by the Office of the Public Guardian and the Office of the Public Trustee. 
  12. Did the Honorable Justice Marshall read our Supplementary  Affidavit of September 17, 1999, or did he only read the Special Chambers Brief put forward by the the Applicants?  
  13. We presented a two page document to Mr. James Christensen, Deputy Clerk, Court of Queens Bench, Alberta Law Courts, Taxation Officer which contained the following:

    “We submit, that Ms. Terri Mann, as an Officer of the Court, has not properly discharged her duties to the Court.  Her utterances before the court have not been mere mistakes, they were made knowingly and deliberately.   Her evidence was not trustworthy.
    In her capacity as an officer of the court she has a responsibility to ensure fairness in the administration of justice.  Ms. Mann used improper and sometimes dishonest means to convince the court that in fact the guardian and trustee had acted fairly and justly and in the best interests of the dependent adult” EXHIBIT.

  14. Following this, Ms. Mann did not pursue the matter of costs.
  15. A complaint was made to the Law Society, regarding this matter The reply of the Law Society, stated that the issues of our complaint to Mr. Christensen were “irrelevant to the taxation”. EXHIBIT.
  16. Ms. Mann sent us a Directive banning us from visiting Enid Gahr. EXHIBIT
  17. Ms. Mann and her clients successfully mislead the court. 
    As a result, Ms. Gahr was:

    • denied her basic human rights
    • condemned to loneliness
    • denied access to her home and lifelong precious belongings
    • denied the use of her monies and savings to ameliorate her difficult life
    • denied companionship and comfort of friends

The matter of JAMES BAIN, which was before your Honour on November 17, 2000, was a criminal matter and had no relation to the Marshall matter. Mr. Bain was denied the necessities of life which resulted in his death. This information was clearly set out before you.

We would be grateful to be in receipt of your response in regard to this matter by the 1st of June, 2011.

Thank you for your kind attention to this matter.

Yours most truly,

Elder Advocates of Alberta Society

Attached:

  • a review of the James Bain matter
  • copy of Reasons for Judgement of Mr. Justice Belzil dated November 17, 2000

cc.
The Honourable Mr. Frank Oberle, Solicitor General and Minister of Public Security

Full Report (PDF)

The Neglect and Abuse of James Bain (PDF – 47.6 MB)

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