The Dead Go To Court

The dead can go to court and launch a lawsuit?

Well, apparently.

I have just learned that Manitoba's highest court ruled that the family of one Robert Sinclair could sue the Manitoba health authority for a breach of charter rights and privacy rights.

The specific incident? Mr. Sinclair died after a 34 hour wait in the Winnipeg Health Sciences Centre, where his medical stress was not attended to. Rights related to "prior care", the responsibility of the Winnipeg Regional Health Authority, were  stated to be ignored.

Before this ruling, lower courts had maintained that such rights died with Mr. Sinclair in 2008. After eight months of deliberations, however, the Manitoba Court of Appeals allowed the lawsuit to proceed. This decision raises some fascinating issues, not the least of which might be the following cases. The initials D.O. stand for "descendants of".

1) D.O. Anne Boleyn and Catharine Howard vs. Tudor Inc.

This suit claims damages, financial and punitive, for wrongful persecution and subsequent beheading. Written testimony from Henry VIII and Thomas Cromwell will be prominent in defense of the charge.

2) D.O. Joan of Arc vs. The House of Valois

The descendants want redress and financial compensation for cruel and unlawful use of arson against Jeanne d'Arc, with a focus upon the betrayal of Charles VII by illegally turning the prosecution of the Maid of Orleans over to the English.

3) D.O. Louis Riel vs. The Queen in Right of Canada.

The descendants in this case are any Metis currently existing. Extensive financial damages are sought, along with a heartfelt apology from the Queen, and the sanctioning of a charge of racism against any descendants of John A. MacDonald.

Thus Manitoba appears to have opened an interesting door, and any further action the initial case will bear close attention. Certainly I suspect that there will be any number of people "courting the dead". So to speak.