Saskatchewan’s Court of Appeal will preside over a new trial involving racist allegations against a forensic pathologist, which initially saw the complainant awarded $5 million.
A six-person jury initially awarded Dr. Jeffrey Racette a $5 million settlement after they found Dr. Shaun Ladham acted in bad faith while performing an assessment of Dr. Racette’s skills.
As a result, Dr. Racette was not licensed as a forensic pathologist and not hired by the government of Saskatchewan.
In the time since the November 2017 decision, Dr. Ladham and the province have acquired separate legal representation, according to court documents and filed separate appeals. However, the grounds for appeal are very similar.
A written decision from the Court of Appeal said there are grounds for a new trial based on the following findings:
- The trial judge admitted irrelevant, inadmissible and prejudicial evidence;
- The trial judge inserted himself improperly into the questioning of a witness;
- The closing address to the jury by Dr. Racette’s counsel was inflammatory and improper;
- And the charge and questions provided to the jury were deficient.
The new trial will cover the appeal for both liability and quantum damages outlined in the court’s initial ruling.
During the initial trial, Dr. Racette’s lawyer, Bob Hyrcan, provided evidence Dr. Ladham acted in bad faith during the assessment.
“The trial heard evidence that Dr. Ladham went as far as switching samples. That is, switching samples of findings that Dr. Racette had made, to substitute findings which he then claimed had errors in them,” Hrycan said in November 2017.
Hrycan also highlighted testimony that Dr. Ladham had made racist remarks during his time as chief forensic pathologist. Dr. Racette is Metis.
Dr. Ladham denied the allegations he is racist. Both Dr. Ladham and the province argued that Dr. Racette did not have the necessary skills to be a forensic pathologist.
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