The British Columbia Supreme Court has dismissed an application by Gloria Lemay, a Vancouver Island resident prohibited from practising midwifery in B.C., to halt proceedings initiated by the B.C. College of Nurses and Midwives. In the decision dated Jan. 8, 2025, Justice Elwood ruled there was no abuse of process in the college's actions, which included a search of Lemay's residence under a court order.
The college sought enforcement of an injunction from 2000 against Lemay, from Duncan, who has never been a registered midwife in B.C. and was previously found in contempt of court for practising midwifery without certification.
Lemay applied for a judicial stay of proceedings, claiming violations of her Charter rights due to the college's search of her home. She also wanted the court to declare that using evidence seized in the search would damage the justice system香蕉视频直播檚 credibility and argued that the college香蕉视频直播檚 actions undermined the legal system. She sought $30,000 in damages.
In her application, Lemay argued the search was too broad, violated her privacy and that she was improperly denied access to her home during the search. She further claimed that some of the seized materials included privileged legal documents. Lemay also alleged the conduct of the college香蕉视频直播檚 investigator, JT Beck, was improper and sought to have Beck removed from the case. During court proceedings, Lemay abandoned the request to have Beck removed.
Justice Elwood rejected Lemay香蕉视频直播檚 request, saying the search was handled properly even though some items were taken and later returned. The judge is still considering whether solicitor-client privilege was violated and a separate judgment will determine whether a remedy is required.
The ruling upholds a 2000 court injunction that permanently prohibited Lemay from practising midwifery in B.C. and allows the college to proceed with its case against her.
Lemay is also facing a manslaughter charge in the death of an infant in Ladysmith in 2024, and a civil suit brought by a Chemainus couple related to issues with the birth of their son in 2021.
