A Saskatoon woman charged with the manslaughter of a 23-year-old woman will not be going to trial.
Paige Theriault-Fisher’s lawyer confirmed Tuesday afternoon that the Crown prosecutor’s office entered a stay of proceedings in the case, preventing it from going to trial at this time.
“After careful consideration, public prosecutions has concluded that the fatal injury resulted from an accident,” said Marieka Andrew, representative for the Ministry of Corrections, Policing, and Public Safety, in an email statement. “There is no reasonable likelihood of conviction for the charge of manslaughter or any other criminal charge.”
The Crown has the power to continue the prosecution within one year of the date the stay was entered if it feels the need to do so.
“It is exceedingly rare for this power to be used,” Theriault-Fisher’s lawyer Sharon Fox explained. “It could be done in the case of newly discovered evidence.”
Theriault-Fisher, 22, was charged with manslaughter in relation to the death of Hodan Hashi at Saskatoon’s Lit Nightclub on Nov. 5, 2022.
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A video of her death circulated on social media shortly after, recorded by a bystander.
“During the fight, the two women went to the ground and, tragically, Hodan Hashi was cut by a broken glass lying on the floor,” said Andrew. “Based on the evidence, that cut was the fatal injury that caused Ms. Hashi’s death.”
The defence said Theriault-Fisher is grateful for the work done by the Crown’s office and the Saskatoon Police Service.
“The decision to enter a stay of proceedings in a tragedy such as this is not made lightly,” Fox said in an email to Global News. “I can say unreservedly that this was the correct decision from both a legal and public policy perspective and we extend our highest regards to the Crown Prosecutor and their office for the difficult decision in this matter.
“This was a tragic situation for all involved – one which has inexorably altered the course of the Hashi and Theriault-Fisher families.”
Theriault-Fisher claimed her actions were acts of self-defence and she never meant for any harm to come to Hashi.
“It is not lost on Ms. Theriault-Fisher that the Hashi family has lost a daughter, sister, cousin, and friend and we extend our heartfelt condolences to the Hashi family. We wish them well in their journey towards finding peace and healing,” Fox said.
In March, Hashi’s family filed a million-dollar lawsuit against Theriault-Fisher, CYFJ Holdings Inc., Cactus Restaurant and Lounge, and Lit Nightclub. The allegations in the claim have not been proven in court.
They are also filing for $100,000 from Kalep Cote-Senger, who recorded the assault and death of Hashi and uploaded the video to social media.
The claims are intended to cover the costs of medical and funeral expenses, grief counselling, past and future loss of earnings and further out-of-pocket expenses.
“Public prosecutions knows the conclusion is disappointing for many,” Andrew added “The decision not to move forward with criminal proceedings in this situation does not lessen the tragedy or seriousness of what has occurred.”
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