N.B. doctor accused in COVID-19 outbreak plans to sue province, RCMP
Dr. Jean-Robert Ngola alleges racism, continues to seek apology as well as damages
The doctor who was accused of breaking COVID-19 rules and being the source of an outbreak in northern New Brunswick last year plans to sue the province and the RCMP.
Dr. Jean-Robert Ngola's lawyers announced Friday they have served the parties with a 60-day notice and draft statement of claim, alleging "institutional anti-Black systemic racism."
The lawsuit also alleges abuse of power, negligence, defamation, malicious prosecution and a breach of the doctor's charter rights.
Ngola instructed them to begin the process in the Court of Queen's Bench "to make sure that something like this never happens again," Toronto-based lawyer Joel Etienne said during an online news conference.
Last Friday, the lawyers gave Premier Blaine Higgs one week to publicly apologize to Ngola for his role in the doctor being blamed for the COVID outbreak in Campbellton in May 2020 that claimed two lives, infected dozens and forced that northern part of New Brunswick back into the "orange" phase of recovery.
Instead, "what we witnessed was empty rhetoric, contradictory comments and political stunts and hijinx," Etienne alleged.
Ngola, 51, has suffered for more than a year, Etienne and Moncton-based lawyer Christian Michaud said.
He was labelled by some as "patient zero" after he tested positive for COVID-19 shortly after driving across the border overnight to pick up his four-year-old daughter in Montreal because her mother had to travel to Africa for a funeral.
During a May 27, 2020, news conference, Higgs announced that a medical professional in their 50s had travelled to Quebec for personal reasons, "was not forthcoming about their reasons for travel upon returning to New Brunswick and they did not self-isolate as a result."
Higgs never publicly named Ngola, but he blamed what was then a cluster of COVID-19 cases in the Campbellton region and a resurgence of the coronavirus in the province on the "irresponsible individual" who returned to work at the Campbellton Regional Hospital and treated patients for two weeks.
Ngola, who is from Congo, faced racist threats, was suspended by the Vitalité Health Network, was criminally investigated by the RCMP and charged for breaching the province's Emergency Measures Act by allegedly failing to quarantine when he returned from Quebec.
Joel Etienne, a lawyer representing Dr. Jean-Robert Ngola,
announced the lawsuit during a news conference Friday afternoon.
(YouTube)
After Crown prosecutors withdrew the charge last Friday, saying there was no longer a reasonable prospect of conviction, the defence said Higgs could no longer hide behind "outstanding provincial court matters" and called on the premier for a third time to "unequivocally apologize."
Higgs told reporters he didn't feel he had anything to apologize for. "It's unfortunate that he took it personally," he said. "I didn't direct it. I didn't name him."
Although Higgs did not refer to Ngola by name, Ngola's lawyers argue in the 27-page draft statement of claim that "he knew or ought to have known that Dr. Ngola's identity and apparent health status had already been leaked to the public via social media prior to the press conference."
"Premier Higgs knew or ought to have known that the public was able to, and did, identify Dr. Ngola connecting the dots between information disseminated at the press conference and information disseminated on social media."
Dr. Ngola's is the first and only modern-day experience that a Canadian has ever had in relation to having to relocate because of a social banishment that was spurred on by a premier, his government, a police force, and social media.
- Draft statement of claim
Higgs is not named as a defendant. The lawsuit names "Her Majesty the Queen in right of the Province of New Brunswick and Canada (Royal Canadian Mounted Police)."
The lawsuit seeks some form of restorative justice, continues to seek a public apology from Higgs, as well as the RCMP, and seeks an independent probe into the case to help prevent a similar situation from occurring in the future.
"Dr. Ngola's is the first and only modern-day experience that a Canadian has ever had in relation to having to relocate because of a social banishment that was spurred on by a premier, his government, a police force, and social media," the draft statement of claim alleges. He left his practice of eight years and moved to Louiseville, Que.
The action also seeks compensation and punitive damages, but the amounts are left blank on the draft statement of claim.
"Quite frankly, the issue is secondary to what is really important: the restorative justice measures we are seeking to make sure that something like this never happens again," said Etienne.
New Brunswick Premier Blaine Higgs maintains he doesn't feel he has anything to apologize for. (Ed Hunter/CBC)
Ngola's lawyers have repeatedly called on Higgs to apologize to their client.
They first sought an apology last June after a private investigator they hired concluded Ngola "could not have been the first patient" and that his trip to Quebec was not the source of the outbreak.
In July, when they were told Ngola would not face criminal charges, they repeated their call for an apology.
Earlier this week, Higgs publicly challenged Ngola to waive his privacy rights so he can reveal what he says he knows about the doctor.
On Friday, he told reporters his position hasn't changed.
"I would like for all of the information to be available to the public and let the public determine," he said.
"If there's a lawsuit and it continues, then that would be one avenue for all the information to come forward in every respect and so that will be fine."
He does not regret his comments, he said.
"No, it was necessary to have everyone think about, 'OK, what can I do differently?' Because we had lots of people moving around, especially professionals in the health-care world that were travelling across borders," said Higgs.
"We knew the risks that they were taking, we knew the risks the patients were in, and it's, 'OK, what do we do to mitigate that?'"
In the letter giving notice of action to the parties Friday, Ngola's lawyers say they would "welcome any out-of-court discussions to determine if this matter can be resolved amicably."
For more stories about the experiences of Black Canadians — from anti-Black racism to success stories within the Black community — check out Being Black in Canada, a CBC project Black Canadians can be proud of. You can read more stories here.
Premier's office had no documents on Ngola case, government lawyer said in April
Higgs says letter obtained by CBC News is accurate and he got information verbally, not in documents
A senior government lawyer told prosecutors in the Dr. Jean-Robert Ngola case in April that there were no documents relevant to the case in the office of Premier Blaine Higgs.
Pierre Ouellette, a lawyer with the Office of the Attorney General, said in an April 12 letter that there were "no notes, emails, texts, letters, or communications in paper, electronic or other form from the Office of the Premier of New Brunswick" relating to the Ngola case.
That seemed to contradict Higgs's statement on Tuesday that he was willing to release additional information he had about the Ngola case if the physician waived his privacy rights.
Higgs repeated the offer Wednesday morning.
"I'm willing to share every bit of information I have," the premier said during Question Period.
But he later told reporters that there was no contradiction and the April 12 letter is correct because the information he has was delivered verbally by Public Health officials in briefings to cabinet and was not written down.
"That's true. There were no documents or orders or text messages or emails or whatever from my office," he said.
Premier Blaine Higgs said the only information he has on the
Ngola case is from verbal discussions with Public Health. (Government
of New Brunswick)
On Tuesday, Higgs challenged Ngola to waive his right to privacy so the premier could make the information public.
Higgs said the information came from questions he posed during briefings about how a cluster of cases in Campbellton had started and what could be done better to avoid similar clusters in the future.
Nothing was written down and no one from his office took notes, he said.
A copy of Ouellette's letter was obtained by CBC News and was also raised in the legislature by Liberal MLA Rob McKee.
Higgs refused for a second day to say what information he has. On Tuesday he said it was information "that I've never heard shared publicly."
Crown prosecutors withdrew a charge against Ngola last Friday for breaching the province's Emergency Measures Act by failing to quarantine when he returned from Quebec last year.
He was scheduled to go on trial June 14, but Michaud said Friday the defence team provided evidence last month that persuaded the Crown there was no longer a reasonable probability of conviction. He didn't say what that evidence was.
While Higgs did not name Ngola in May 2020 and spoke only of an "irresponsible medical professional" who had returned from Quebec with a case of COVID-19, the physician was quickly identified on social medial platforms after testing positive.
He was suspended from his job and blamed for a cluster of cases in the area. He also received racist threats.
Rob McKee is an Liberal MLA (Guy Leblanc/Radio-Canada file photo )
Ngola had left the province on an overnight trip to pick up his four-year-old daughter in Montreal.
Ouellette's letter on April 12 was in response to a request from Sébastien Michaud, the regional director of public prosecutions overseeing the Ngola file, for material related to the case that he had to disclose to defence lawyers.
McKee said if Higgs had information that he did not turn over, that may have compromised the legal proceedings.
"He tells us he has documents. He tells the courts he has none," McKee said.
"He's trying to retry this matter. It got dropped in the courts. He's trying to resuscitate the issue to save face in the court of public opinion. … It's completely outrageous what he's doing to a private citizen."
Asked Wednesday if Public Health would have written briefing materials that should have been disclosed to the lawyers, Higgs said, "That wasn't the question. The question was whether I had a direct play in this in targeting an individual."
Green leader David Coon said the Ngola case has become "extremely personal for the premier and it should not be."
Green Party Leader David Coon (Joe McDonald/CBC)
But Higgs said his comments last May were driven by his desire to address any shortcomings in the province's public health measures, especially given the province's first death from COVID-19.
"I was – I don't know if upset is the right word – but I was so disturbed because we were trying so hard to not have fatalities," he said.
"I asked a lot of questions about how did we get here."
However, Higgs made the comments about an "irresponsible medical professional" on May 27 and New Brunswick announced its first death from COVID-19 eight days later, on June 4.
He did not respond directly to a question about that timeline, but said his concerns were based in part on some very elderly residents of the Campbellton area who were "very near to not surviving" the cluster of cases at the time.
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169 Comments
Commenting is now closed for this story.
David Amos
"Green leader David Coon said the Ngola case has become "extremely personal for the premier and it should not be."
DUHHH??? Methinks everybody knows Higgy picked the fight. Now he and his lawyers are far too proud to admit that he made a huge faux pas N'esy Pas?
Donald Gallant
More information is necessary. What happened. Wish it had gone to court.
David Amos
Reply to @Donald Gallant: Me Too
Jos Allaire
That Higgs, Blaine, aka Moore, Ron, lawyer, Lawyer, pants on fire! Monteu, Monteu, Chew lot en feu!
Terri Baxter
Reply to @Jos Allaire: LOL LOL LOL
David Amos
Reply to @Jos Allaire: Oh My My
Layton Bennett
Higgs has, I think crossed over into full on Jason Kenney mode. He's become an embarrassing disgrace to this province. How are we supposed to attract doctors to this province when the Premier treats healthcare workers like this in the midst of a pandemic? Just path etic.
Jos Allaire
Reply to @Layton Bennett: He will not pay them one cent more, yet gave the province away to big corporate interests. The man has no heart at all!
Mary Smith
Reply to @Jos Allaire: Sometimes for doctors it isn't just the pay, it's that they want better work conditions that will allow them to better do their job and provide proper care to their patients.
"Dr. Louis Leblond is an orthopedic surgeon at the Moncton Hospital who specializes in hip trauma surgery and hip replacement.
He and his wife Dr. Erica Doucet, the province’s only pediatric ophthalmologist, say they they are both leaving the province, citing a lack of resources and support for her pediatric ophthalmology practice."
“Dr. Doucet has confirmed she is leaving NB due to a lack of resources and support for pediatric ophthalmology. Dr. Leblond has confirmed that he will be taking a one year leave of absence that allows for the option of returning to [New Brunswick] should resources for his wife’s practice allow her to do so”
https://www.cbc.ca/news/canada/new-brunswick/pediatric-ophthalmologist-eye-doctor-specialist-vacancy-1.5296646
https://globalnews.ca/news/5961669/n-b-loses-second-specialist-as-monctons-orthopedic-surgeon-takes-leave/ « less
David Amos
Reply to @Jos Allaire: Do you Maggy???
David Webb NB
Reply to @Mary Smith: Paying out $2 million per day to service the debt in NB has consequences. Just imagine what could be done with that money. New Brunswickers have no one to blame but themselves for the mess, we have had terrible governments/politicians for 40 years but we keep voting red and blue. Some will just never learn.
https://www.cbc.ca/news/canada/new-brunswick/campbellton-doctor-ngola-1.6057984
Premier challenges former Campbellton doctor to waive privacy rights
Higgs says that would allow him to reveal 'all the information' he has on Campbellton outbreak
Premier Blaine Higgs has publicly challenged Dr. Jean-Robert Ngola to waive his privacy rights so the premier can reveal what he says he knows about the physician and a cluster of COVID-19 cases in the Campbellton area last year.
Crown prosecutors withdrew a charge against Dr. Ngola last Friday for breaching the province's Emergency Measures Act by failing to quarantine when he returned from Quebec last year.
Ngola's lawyers have called on Higgs to apologize, but in the legislature Tuesday Higgs again brushed off that call and instead presented what he called "a proposal."
"If Dr. Ngola thinks that I disclosed his identity or I breached his privacy, all the facts should be on the table," Higgs said.
"If he suggests, okay, 'I'll give you a waiver, I will not charge you for privacy,' I'll reveal all the information that I know about this case, and then we'll end this discussion. So there, let's put it on the table."
Higgs would not tell reporters what kind of information he was talking about, citing that privacy protection.
Lawyers fire back
But his comments prompted a fierce response from Ngola's lawyers, Joel Etienne and Christian Michaud.
"The premier and his government had more than a year to put forward a case in court against the good doctor," they said, in a joint statement emailed to CBC News.
All
charges have been withdrawn against Dr. Jean-Robert Ngola, who now
practises in Quebec. He was accused of violating the Emergency Measures
Act for not quarantining. (Judy Trinh/CBC News file photo)
"We sought full disclosure in court, and in our opinion, we were constantly stonewalled in relation to obtaining materials from the premier's office and [the Department of] Public Safety."
The lawyers said the materials they received were "minimal" and they had planned to file an application for abuse of process before the Crown dropped the charge last week.
They also repeated their demand that Higgs apologize within seven days of last Friday's development in court.
"The clock is ticking," they said. "Very soon, everyone will see the actions that we are about to take."
Moncton Centre Liberal MLA Rob McKee said Higgs's comments show "that the premier has meddled in this file and he has no business doing what he's doing in this file."
Joel Etienne is a lawyer representing Dr. Jean-Robert Ngola and released a joint statement with Christian Michaud, Ngola's other lawyer, saying the premier stonewalled them in relation to obtaining material on the case. (Jean-François Benoît/CBC)
Christian Michaud is a member of Dr. Jean-Robert Ngola's legal team and is based in Moncton. (Nicolas Steinbachs/Radio-Canada)
While Higgs did not name Ngola in May 2020 and spoke only of an "irresponsible medical professional" who had returned from Quebec with a case of COVID-19, the physician was quickly identified on social medial platforms after testing positive.
He was suspended from his job and blamed for a cluster of cases in the area. He also received racist threats.
Ngola had left the province on an overnight trip to pick up his four-year-old daughter in Montreal.
Ngola has told CBC he returned to work after his trip without following the Campbellton Regional Hospital's 14-day self-isolation protocol because there was confusion at the time around the measures and other doctors who'd left the province were not self-isolating either.
If convicted of violating the emergency law, Ngola, who now practices medicine in Quebec, would have been fined from $240 to $10,200.
Dr.
Jean-Robert Ngola worked at the Campbellton Regional Hospital at the
time of the COVID-19 outbreak last May. (Shane Fowler/CBC
He was scheduled to go on trial June 14 but Crown prosecutor Sébastien Michaud said Friday the defence team provided evidence last month that persuaded the Crown there was no longer a reasonable probability of conviction. He didn't say what that evidence was.
"I was kind of disappointed the hearing didn't go on," Higgs said in the legislature Tuesday, "but it's not my call."
He suggested that getting the information out would end the debate about what he said last spring. "He'll see it, we'll see it, everyone will see it, and there it will go. It'll be over."
Asked whether his office had information that had never been disclosed to Ngola's lawyers, Higgs said that there was material "that I've never heard shared publicly" but would not describe what it is.
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https://www.cbc.ca/news/canada/new-brunswick/charges-dropped-new-brunswick-doctor-1.6053174
Premier rejects calls to apologize to N.B. doctor after COVID-19-related charge withdrawn
Dr. Jean-Robert Ngola was charged, suspended and received racist threats after being blamed for outbreak
New Brunswick Premier Blaine Higgs is rejecting calls to apologize to a family doctor who had been blamed for a COVID-19 outbreak in Campbellton last year and had a provincial charge against him dropped Friday, 11 days before his trial was set to begin.
Dr. Jean-Robert Ngola, 51, was labelled by some as "patient zero" in May 2020 after he tested positive for COVID-19 shortly after briefly driving out of the province on an overnight trip to pick up his four-year-old daughter in Montreal. Campbellton is located on the Quebec border, across the Restigouche River from Pointe-à-la-Croix, Que.
He was charged last August with violating the provincial Emergency Measures Act for failing to quarantine when he returned. If he had been found guilty, Ngola would have had to pay a fine ranging from $240 to $10,200.
Ngola's trial was scheduled to start June 15, but in court Friday, Crown prosecutor Sébastien Michaud said the defence team provided evidence last month that showed there was no longer a reasonable probability of conviction. He didn't say what that evidence was.
Lawyers call for premier to 'unequivocally apologize'
Saying the legal matter was resolved, Ngola's lawyers said Higgs could no longer hide behind "outstanding provincial court matters" and called on the premier to apologize for his role in the ordeal that led to racist threats, a suspension and a charge against the doctor.
Premier
Blaine Higgs initially blamed the Campbellton outbreak in May 2020 on
an 'irresponsible medical professional' without identifying Ngola. (Government of New Brunswick)
"This is the third time that we are publicly asking you, as a man who purports to be a person of faith, to respectfully and unequivocally apologize to Dr. Jean-Robert Ngola Monzinga," wrote lawyers Joel Etienne and Christian Michaud in a letter to the premier.
There "was no factual or scientific basis to justify the enormous deployment of more than 21 RCMP criminal investigators against Dr. Ngola," the letter said, referencing information found in court documents about the investigation.
On Friday Higgs told reporters he didn't feel he had anything to apologize for.
"If I recall at the time it was when we had our first fatality there in the long journey of COVID, and we needed to ensure that everyone was following the rules carefully," said Higgs during a visit to a vaccination clinic in Fredericton.
"It's unfortunate that he took it personally," he said. "I didn't direct it. I didn't name him."
Blamed within hours
Ngola's problems began more than a year ago, with a positive COVID-19 test result on the morning of May 27, 2020. An hour later, his name was leaked on a Campbellton Facebook group as "patient zero." That afternoon at a news conference, Higgs blamed an "irresponsible medical professional" for a cluster of cases and the resurgence of the virus in the province.
The premier did not identify Ngola by name, but two hours after Higgs's remarks, Ngola was suspended without pay from his job at Vitalité Health Network. Along with being a family doctor, Ngola also worked in the emergency room at the Campbellton Regional Hospital.
A day later, Higgs said the investigation into Ngola had been turned over to the RCMP, although court documents would reveal that police had yet to receive an official complaint. The region's public health officer, who was conducting her own contact tracing investigation, refused to turn over information to the police citing patient confidentiality.
Instead, Dr. Mariane Pâquet urged police to protect Ngola who was subjected to increasing racist attacks, including threats that called for his "lynching."
Ngola was practising as a family doctor and in the emergency room of the Campbellton Regional Hospital, above. He now works at a clinic in Louisville, Que. (Shane Fowler/CBC)
'Treated like a criminal'
Reached at his clinic in Louiseville, Que., where he now works as a family doctor, Ngola says he wants an apology from the premier because he was treated "like a criminal for contracting the virus."
"It's an injustice," said Ngola, who says he felt "harassed" by police who continued to investigate him even when it was clear he had not committed any crime.
Ngola said the experience has impacted his confidence. Even though he now practises medicine in another province, Ngola says he's often stopped by strangers who ask about his legal troubles. He feels under constant scrutiny by patients and worries that if he treats them too quickly they will second-guess the medical care he is providing.
In September, a CBC Fifth Estate investigation revealed that it was unlikely that Ngola was patient zero for a number of reasons. First, about 10 per cent of hospital staff and 20 per cent of patients at the Campbellton Regional Hospital where he worked also crossed the river regularly into Quebec — because they live there. Second, it was unlikely that contact tracing could be completed in the three hours from the time Ngola received his positive test to the premier's news conference.
"The premier was quick as possible to believe the negative," said Ngola. "He should be an honourable human being and admit he made a mistake."
Ngola did admit to CBC that he returned to work after his trip and did not follow the hospital's COVID-19 protocols, which specified that anyone who travelled outside of New Brunswick — except those who commute from Quebec or Maine — had to self-isolate for 14 days upon their return.
Ngola said that there was a lot of confusion at the time around COVID-19 measures and that other doctors he worked with had also not self-isolated after travelling out of province. He told CBC News he took precautions while travelling.
Lawyers mull civil suit
The RCMP dropped its criminal investigation in August 2020 but opted to proceed with a provincial charge that comes with a potentially hefty fine.
Higgs has previously said that he didn't know the identity of the doctor when he made his remarks.
"I had no knowledge of the individual until it appeared in social media," Higgs said last summer. "The concern I had throughout this pandemic is that we have to be conscious. We rely heavily on our medical professionals. It was disappointing because it resulted in a situation where we had two fatalities."
In their statement, Ngola's lawyers say the premier should have been aware of the incendiary nature of his remarks and suggested that an underlying racism against people of colour played a part.
"There is a terrible systemic racism history in North America of using the dog whistle against racialized citizens and labelling them as the 'bringer of diseases,' and this has to stop," said lawyer Christian Michaud in a statement.
In their letter to the premier, Michaud and Etienne gave Higgs a deadline of seven days to apologize and to come to "a respectful and appropriate resolution."
If no apology comes, the lawyers say Ngola has authorized them to "move matters forward."
New Brunswick opposition critic to the Attorney General, Rob McKee said the withdrawal of a charge against Ngola is "not a surprising development."
"It would seem that the Crown believes there was not sufficient evidence to prove the charge," said McKee in an emailed statement.
"As we indicated at the outset, the Premier's actions were irresponsible in making this accusation that led to Dr. Ngola becoming the target of anger and harassment."
For more stories about the experiences of Black Canadians — from anti-Black racism to success stories within the Black community — check out Being Black in Canada, a CBC project Black Canadians can be proud of. You can read more stories here.
Clarifications
- A previous version of this story mistakenly said prosecutor Sébastien Michaud did not give a reason for dropping the charge against Jean-Robert Ngola. In fact, Michaud said the charge was dropped because the defence team provided evidence last month that showed there was no longer a reasonable probability of conviction.Jun 04, 2021 6:29 PM AT
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N.B. doctor blamed for COVID-19 outbreak receives letter of support from 1,500 physicians
Calls for public inquiry grow following CBC Fifth Estate investigation
The package delivered to Dr. Jean Robert Ngola's home was pressed between two pieces of sturdy cardboard held together by silver tape. After he peeled off the tape to reveal the unexpected gift, the Congolese-Canadian doctor said, tears started to well in his eyes.
Along with a hand-painted card and a book for his daughter was a letter of support signed by more than 1,500 fellow doctors across Canada. The letter, which Ngola shared with CBC News, is five paragraphs long, but the list of signatories takes up nine pages.
"When I received the letter, I was so emotional. My tears flowed," said Ngola from his home in Louiseville, Quebec, where he now practises medicine after being accused of triggering a COVID-19 outbreak in northern New Brunswick earlier this spring. "I am so grateful to my colleagues. I don't feel so alone."
The letter of solidarity expresses condolences for those hit by COVID-19 in Campbellton while lamenting that Ngola was judged by the public "prior to due diligence being conducted."
It reads in part:
"All of us signed below have felt tremendous anger, discomfort and frustration with the backlash that followed once you were publicly identified. What unravelled thereafter was unjust, unkind and dehumanizing.… We strongly believe that systemic racism coupled with the stigma surrounding individuals infected with the COVID-19 virus have significantly contributed to the crucifixion of your character within the public eye.
"We note your story has forced us, as your colleagues, to reflect on how we can do better in being anti-racist and speak out when we witness injustices taking place."
The letter also calls for a probe into the breach of privacy that resulted in Ngola's name being shared on social media an hour after he received his positive coronavirus test.
Ngola faces provincial fine
Dr. Danusha Foster, an Ontario family physician, co-authored the letter after reading about The Fifth Estate's investigation that cast doubt on the assertion that Ngola was "patient zero" in an outbreak that resulted in more than 40 cases and two deaths.
WATCH | Co-writer of support letter says Ngola was 'unfairly publicly shamed':
![](https://thumbnails.cbc.ca/maven_legacy/thumbnails/505/355/1-FOSTER_AFTER_READING.jpg?crop=1.777xh:h;*,*&downsize=510px:* 510w")
Ngola had travelled to Montreal in early May to pick up his four-year-old daughter without informing the hospital where he worked and did not self-isolate upon his return. He was informed by public health authorities on May 27 that he had tested positive for the virus, though he says he didn't have any symptoms.
Three and half hours after Ngola got his test results, New Brunswick Premier Blaine Higgs blamed the outbreak on an "irresponsible medical professional" who did not self-isolate after returning from a trip to Quebec. Higgs called for a criminal investigation into the doctor's actions.
The letter of support was signed by more than 1,500 doctors across Canada from a wide spectrum of disciplines. It was accompanied by a hand-painted card and a book, I Am Enough, for Ngola's four-year-old daughter. (Submitted by Sirena Khoshaba)
After a six-week investigation, police decided against laying criminal charges, but Ngola could still face a hefty provincial fine for violating the Emergency Measures Act. He is set to appear in provincial court in Campbellton on Oct. 26.
The Fifth Estate retraced Ngola's steps with an epidemiologist and found that it was unlikely that he contracted the virus on his overnight emergency trip to Montreal. CBC also found many other potential sources of coronavirus spread, including dozens of health workers who routinely cross the bridge from Quebec to work in Campbellton. More than 20 per cent of patients who used the Campbellton Regional Hospital's ER were also from outside the province.
'Dr. Ngola could have been any of us'
"Dr. Ngola could have been any of us," Foster said from her Toronto home. "Everyone is trying to do their best in this pandemic, and sometimes it's hard to completely follow the guidelines that public health has out there for mental health reasons, or for child care reasons."
Foster was motivated to write the letter to Ngola after learning about the racist attacks he faced following the leak of his confidential health information. She says when she approached physicians in a Facebook group, some expressed concern that showing support for Ngola would make it seem like the doctors were "against following the rules that public health had put in place." But when Foster explained her intention was not to undermine public health officials, but to take a stand against the racism Ngola endured, hundreds of doctors came onside.
"I told people I can't weigh in on whether he did or did not disobey public health. What I simply wanted to do was say this backlash against his character is unacceptable," said Foster. "If [Ngola] were a white male, I don't think the backlash against him would have been as strong and as sustained."
The 1,542 signatories hail from every province and territory, and practise across disciplines ranging from family medicine to obstetrics to oncology. They are mostly women. CBC News doesn't have permission to publish all the names, but has randomly contacted more than two dozen of them to verify the letter's authenticity.
Growing calls for public inquiry
Calls are getting louder for a public inquiry into how New Brunswick government officials handled the case.
Last week, Ngola's lawyer sent a letter to the province's attorney general demanding a criminal investigation into how the doctor was treated.
Despite initially expressing "disappointment" that a doctor was at the centre of the Campbellton outbreak, the New Brunswick Medical Society said it would support an investigation and the "airing of the facts of this case."
"Every individual is entitled to privacy with respect to their health records, including medical professionals," Dr. Chris Goodyear, president of the NBMS, said in an email statement. "The result of this breach of privacy led to safety concerns for Dr. Ngola and his family, and created a heightened sense of anxiety and fear among physicians in the middle of a pandemic."
Dr. Nav Persaud, the Canada research chair in health justice, worries the attacks Ngola faced will deter people, especially people of colour, from getting tested and seeking treatment during this pandemic.
WATCH | Campbellton, N.B., mayor says community is sad to lose Ngola:
![](https://thumbnails.cbc.ca/maven_legacy/thumbnails/519/19/1-MAYOR_DOESN_T_REFLECT_COMMUNITY.jpg?crop=1.777xh:h;*,*&downsize=510px:* 510w")
"We know that COVID is disproportionately affecting racialized people in Canada, and that racialized health care providers are at high risk," Persaud said. "We need to know that the government of New Brunswick and other governments in this country are doing the right thing to protect people and are treating people fairly."
The University of Toronto researcher says now that the harm done to Ngola is clear, an investigation is needed to find out what led the premier to make the "outrageous claim that a physician was being irresponsible."
"The same politicians who were quick to criticize the physician should also be quick to release information," said Persaud.
The case has affected the border town of Campbellton in unforeseen ways. Ngola's exit has left some 2,000 patients without a doctor. And since Ngola moved away in June, three other family doctors have also packed up. More than half of the doctors who work for Vitalité, the regional health authority, are internationally trained doctors. Many are people of colour.
Campbellton Mayor Stephanie Anglehart-Paulin is concerned that how Ngola was treated will be a stumbling block to recruiting new doctors.
"It doesn't reflect our community whatsoever," Angelhart-Paulin said. "A lot of times fear speaks evil. Just knowing that COVID was in Campbellton brought out naturally the worst in people."
For more stories about the experiences of Black Canadians — from anti-Black racism to success stories within the Black community — check out Being Black in Canada, a CBC project Black Canadians can be proud of. You can read more stories here.
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https://www.cbc.ca/news/canada/new-brunswick/robert-ngola-public-inquiry-breach-trust-1.5717318
Lawyers of N.B. doctor blamed for outbreak call for criminal inquiry of handling of case
Dr. Robert Ngola had 3 negative COVID-19 tests after original positive, lawyers say.
Dr. Robert Jean Ngola, 50, worked as a family doctor and ER physician in
Campbellton, N.B., for seven years. (Jean-François Benoît/CBC)
The lawyers for the doctor singled out as the cause of the Campbellton COVID-19 outbreak are calling for a public and criminal inquiry into how their client was treated.
In a letter sent to Attorney General Andrea Anderson-Mason on Sept. 8, lawyers Joël Étienne and Christian Michaud are calling for an independent investigation led by the Anti-Corruption Unit of Quebec, and a criminal inquiry into how public bodies handled the case of his client, Dr. Jean Robert Ngola.
The lawyers also claim to have COVID-19 test results they say could exonerate him.
Ngola, a Congolese-Canadian doctor, was identified as "patient zero" in an outbreak in northern New Brunswick that resulted in more than 40 cases of COVID-19 and two deaths. Without naming him, Premier Blaine Higgs called Ngola an "irresponsible" health professional who failed to isolate after returning from a personal trip to Quebec.
While the RCMP said they will no longer be investigating Ngola for criminal wrongdoing, he's still facing a charge under the provincial Emergency Measures Act, and is expected to make an appearance in Campbellton court on Oct. 26. No criminal charges have been laid.
Joël
Étienne is representing Ngola. He says the province rushed to judgment
when it pinned an outbreak on a health-care worker, later identified as
the Congolese-Canadian doctor. (Jean-François Benoît/CBC)
In the letter, Etienne said negative COVID-19 test results, one of which was delayed by 86 days, "reasonably" show Ngola may not have been infected with coronavirus at all. The results also support the idea that if he did have the virus, he contracted it in New Brunswick and not Quebec, the letter said.
Withholding these results could be seen as obstruction of justice; "falsely accusing" Ngola is seen as mischief; and co-ordinating the investigation and announcements with an election call is breach of trust on behalf of the premier, the letter alleges.
None of these allegations have been tested in court, and it's not clear if any charges will stem from this letter. Anderson-Mason did not respond to a request for comment.
The RCMP, the Justice Department and the Health Department all declined to comment, saying the case is still before the courts.
An investigation by CBC's The Fifth Estate and Radio-Canada revealed new contact tracing information that cast doubt on whether Ngola was "patient zero." The investigation also pointed to dozens of other people in the community who could have been that patient.
Étienne named Higgs, the Department of Health, Vitalité Health Network and the RCMP in his criminal investigation and public inquiry call.
Multiple negative tests, delayed results, lost blood sample
The letter says Ngola was tested for coronavirus five times in total between May 26 and June 8.
One of the tests, a blood sample taken on June 8, was lost with no explanation, Etienne said.
Of the remaining four, only one test came back positive — the nasal swab taken on May 26, the letter says. A blood test performed the next day came back negative, but Étienne said his client did not get that result until 86 days after the test was administered.
Two nasal swabs performed on June 5 and 8 also came back negative, Étienne said.
Ngola received the results from the first May 26 test in less than 24 hours, the letter said, but he had to wait until Aug. 21 to get the remaining results.
"Each time Dr. Ngola asked for copies of his tests results, he was told that the province was 'validating its methods,'" Étienne said in the letter.
"The explanation is absurd," Étienne said. "Thousand of New Brunswickers were not put on hold for as much as 86 days to receive their COVID-19 test results."
Étienne said according to an expert consulted by the defence, a positive nasal test followed by three negative tests "could reasonably indicate a false positive."
Dalhousie University epidemiologist Dr. Karina Top previously told The Fifth Estate a false negative is much more likely than a false positive.
Étienne said as of June 5, when the third negative test was found, the government, health authorities, the premier's office and the RCMP "would have known this information."
Étienne does not give proof of this assertion.
Étienne also said an expert told the defence team even if Ngola was positive for coronavirus, the timeline of these tests shows he would have been infected in New Brunswick, not Quebec
ABOUT THE AUTHOR
With files from Radio-Canada
https://www.cbc.ca/news/canada/new-brunswick/christian-michaud-charges-dropped-court-1.5837349
Charges against lawyer dropped after completion of alternative measures program
Christian Michaud had faced charges of public nudity, causing a disturbance and committing mischief
Three charges against a prominent New Brunswick lawyer have been dropped after he completed the alternative measures program.
Christian Michaud was charged Feb. 21 with public nudity in Ammon on Sept. 22, 2019, causing a disturbance on the same day, and committing mischief by making an RCMP Ford Explorer "inoperative."
The charges were withdrawn Friday by provincial court Judge Luc Labonté after he was told by a Crown prosecutor that Michaud had successfully completed the alternative measures program.
Michaud was not present, but was represented by lawyer Alex Pate.
Under the alternative measures program, if adults charged with certain criminal offences take responsibility for their actions and complete certain steps, such as paying restitution, the charges will be dropped and the person will not have a criminal record.
Michaud previously told Radio-Canada that as part of alternative measures, he admitted fault and paid $85 for the cleanup of a police vehicle.
Michaud served as the president of the Law Society of New Brunswick in 2018-2019 and has represented the provincial government and Ambulance New Brunswick in high-profile cases.
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