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Manitoba Court of Appeal to hear from Brian Sinclair’s family

Brian Sinclair (top right in wheelchair) is shown in a screengrab from surveillance footage of his time at the Winnipeg Health Sciences Centre in September, 2008. THE CANADIAN PRESS/HO.
Brian Sinclair (top right in wheelchair) is shown in a screengrab from surveillance footage of his time at the Winnipeg Health Sciences Centre in September, 2008. THE CANADIAN PRESS/HO.

WINNIPEG — Relatives of a man who died during a 34-hour wait in a Winnipeg emergency room say it’s cruelly ironic that courts have ruled he can’t sue because he’s dead.

Brian Sinclair’s family is asking Manitoba’s highest court to rule that his Charter rights were violated because he didn’t receive the necessary care.

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The 45-year-old double amputee died in 2008 of a bladder infection while ignored at the Health Sciences Centre emergency room.

Sinclair was never asked if he needed medical care or treated with urgency.

Lower courts struck down the suit against the Winnipeg Regional Health Authority, saying Sinclair’s Charter rights died with him.

An inquest into Sinclair’s death wrapped up in June and a report is expected by the end of the year.

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With files from Global News

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