After listening to evidence for eight weeks in the case between former Chief Medical Examiner Anny Sauvageau and the Alberta government, Justice Doreen Sulyma of the Court of Queen’s Bench in Edmonton asked targeted questions of plaintiff’s attorney, Allan Garber.
Anny Sauvageau served as Alberta’s chief medical examiner from mid-2011 until her contract was not renewed at the end of 2014.
She is suing the Alberta government for wrongful dismissal and is claiming $7.6 million in lost earnings and benefits.
During the trial, ongoing since 1er April, the complainant testified that she was abused by officials from the Department of Justice, her employer.
She believed her office should be independent of the government, but internal legal advice showed that the only independence she had was to determine the manner and cause of death by autopsy.
On Tuesday, lawyers for both sides presented their analysis and interpretation of the evidence. Following their argument, Judge Doreen Sulyma addressed targeted comments to Allan Garber, the representative of Anny Sauvageau.
scathing comments
“The problem is that she received very good legal advice, but which she obviously ignored, preferring to cling to her idea that no one understood what the notion of independence meant in relation to her work. “commented the judge.
So what did she expect, Mr. Garber? When you have this kind of fundamental disagreement with your employer, do you expect them to defer to you when it comes to deciding?launched the judge to the lawyer of Anny Sauvageau. How can he [l’employeur] continue this relationship in the face of an employee who is sticking to her position?
Judge Doreen Sulyma noted that it seemed inevitable, under these conditions, that Ms. Sauvageau’s contract would not be renewed.
Allan Garber acknowledged that the relationship between his client and her employer was fracturedand argues that the government acted in bad faith and contempt towards his client.
Good faith goes both waysthen pointed out the judge.
Craig Neuman, the lawyer representing the government, argued that Anny Sauvageau had shown an “obsessive fixation on her independence as chief medical examiner”. He therefore asks the judge to dismiss his lawsuit.
The judge asked the lawyers for both parties to file their written closing arguments before September 2.
The judge, however, did not indicate when she will make her decision in this case.
With information from Janice Johnston
Radio Canada
Source: Radio-Canada
