The family of Hodan Hashi was shocked after it was announced Tuesday by the Crown prosecutor’s office that the woman charged with her manslaughter would not be going to trial.
Paige Theriault-Fisher, 22, was charged with manslaughter in relation to the death of 23-year-old Hodan Hashi after a physical altercation at Saskatoon’s Lit Nightclub on Nov. 5, 2022.
She was released on a $5,000 bail.
On Tuesday, a stay of proceedings in the case was announced by the Crown prosecutor’s office, preventing it from going to trial at this time.
“I feel sad, angry, and outraged,” Hashi’s sister, Fartun Hashi, tweeted after she heard the news. “My family and I just got the news from the regional Crown prosecutor (Val Adamko) that she has decided to drop the manslaughter charges against Paige. My sister will not be receiving any justice. What if the roles were reversed? #JusticeforHodanHashi.”
A video of a physical altercation between the two women, and eventually Hashi’s death, was recorded by a bystander at the nightclub and posted to social media.
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The Crown determined Hodan’s death to be accidental and not a result of the fight with Theriault-Fisher.
“Not one charge,” Fartun tweeted. “She is walking away a free woman while my sister is buried six feet. Not a murder charge, not a manslaughter charge, not even an aggravated assault charge, not one thing. This is the value of black life in Canada.”
Throughout her case, Theriault-Fisher claimed that her actions were in self-defence.
“This is the toughest thing I have gone through in my life and will be the toughest thing,” Theriault-Fisher said at a media conference on Wednesday. “Day by day, there is a lot of healing that needs to be done now.”
She said she hadn’t spoken about that night to anyone yet and, through tears, she extended her sympathies to the Hashi family for the first time.
“My heart has been with them since the day that it happened. This was never meant to happen and if I could I would take everything back. I really wish Hodan was with us today.”
Theriault-Fisher said she could not reveal how she knew Hashi, but she did know her before the tragedy in November.
“I’ve learned what compassion means and having sympathy for others, going through something like this really changes you as a person. I will never be the person I was before this.”
She said drinking and going to bars will not be part of her lifestyle moving forward.
“What we see is the proper functioning of the criminal justice system in Canada,” Fox said as she sat beside Theriault-Fisher at the conference.
“The videos circulating on social media do not capture the full essence of the events of that day… I firmly believe that looking at the evidence as a whole, the Crown made a justifiable decision in this matter, and we are grateful for their diligent work in that regard.
After a review of evidence, the Crown declared that Hashi’s death was the result of glass on the floor of the nightclub.
“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 Marieka Andrew, representative for the Ministry of Corrections, Policing, and Public Safety in an email statement.
“Based on the evidence, that cut was the fatal injury that caused Ms. Hashi’s death.”
In March, the Hashi 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.
Nicholas Stooshinoff, lawyer for the Hashi family in the civil suit, said the stay of proceedings offers a disadvantage as plaintiffs.
“If there had been a prosecution and there had been a conviction, then the defendant Paige Theriault-Fisher would not have had a defence to the civil lawsuit.”
Now that she has been cleared of her charges, Theriault-Fisher has the right to file a defence against the suit with the courts.
“The family is quite disappointed,” said Stooshinoff. “They are having to go through a prolonged period of loss and grief, and this just makes it more difficult for them.”
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