ABUSE OF OR MISFEASANCE IN PUBLIC OFFICE - Elements of tort - Deliberate and unlawful conduct

Law360 Canada ( September 3, 2021, 5:16 AM EDT) -- Appeal by the family of Meekis from an order that struck their claim as disclosing no reasonable cause of action. In 2014, 4-year-old Meekis, from Sandy Lake First Nation, died of complications from strep throat. The respondent Aniol, the coroner assigned to investigate Meekis’ death, did not attend in person at Sandy Lake First Nation during his investigation and declined to recommend an inquest into the child’s death. In 2016, the appellants brought a civil claim against the respondents concerning the coroner investigation into Meekis’ death. They alleged the inadequate and discriminatory investigation constituted misfeasance in public office, that the respondents Huyer and Wilson were negligent in their supervision of Aniol’s investigation, and that the coroners’ conduct amounted to discrimination based on race, ethnic origin and on-reserve residency contrary to the Canadian Charter of Rights and Freedoms (Charter)....
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