Causing Bodily Harm, Canadian and American Doctors being Charged, Section #221, Canadian
Criminal Code and Common Nuisance #180
Senior Doctors in Canada and the United States are being charged under Section #180, Common Nuisance
of the Canadian
Criminal Code, and also under causing Bodily Harm, Section 221 of the Canadian Criminal Code.
Toronto, Ontario - Wednesday, November 20, 2002 - After a five-year criminal investigation into the
blood distribution system in
Canada, the RCMP Blood Task Force has laid charges of criminal negligence causing bodily harm
under Section 221 of
the Criminal Code of Canada, and charges of common nuisance by endangering the public under Section
180 of the
Criminal Code of Canada, as well as a charge of failure to notify under the Food and Drugs Act Regulations.
These charges relate to decision-making within the structures and systems of the blood distribution
system in Canada between
the years 1980 and 1990. The charges were laid using the laws in effect at the time.
Charged are:
Doctor John Furesz, age 75, Ottawa, Ontario - charged with three counts of criminal negligence
causing bodily harm and one
count of common nuisance by endangering the public. Dr. Furesz was the former Director of the Bureau
of Biologics at the
federal government’s Health Protection Branch.
Doctor Wark Boucher, age 62, Nepean, Ontario - charged with three counts of criminal negligence
causing bodily harm and
one count of common nuisance by endangering the public. Dr. Boucher was the former Chief of the Blood
Products
Division of the Bureau of Biologics at the federal government’s Health Protection Branch.
The Canadian Red Cross Society, through its former Blood Transfusion and Blood Donor Recruitment
Services,
Ottawa, Ontario - charged with six counts of common nuisance by endangering the public.
Doctor Roger Perrault, age 66, Ottawa, Ontario - charged with three counts of criminal negligence
causing bodily harm and
seven counts of common nuisance by endangering the public. Dr. Perrault was the former Director of
the Canadian Red
Cross Society’s Blood Transfusion Service.
The Armour Pharmaceutical Company, a Delaware Corporation, based in Bridgewater, New Jersey (USA)
- charged with
three counts of criminal negligence causing bodily harm and one count of common nuisance by endangering
the public
under the Criminal Code of Canada, as well as one count of failure to notify under the Food and Drugs
Act Regulations.
Doctor Michael Rodell, age 70, Bala Cynwid, Pennsylvania, U.S.A. - charged with three
counts of criminal negligence causing
bodily harm and one count of common nuisance by endangering the public. Dr. Rodell is the former
Vice President of
Scientific and Regulatory Affairs at the Armour Pharmaceutical Company.
“The responsibility of the RCMP as Canada’s national police service is to ensure safe homes and safe
communities,”
stated Superintendent Rod Knecht, Officer in Charge of the Toronto-based RCMP Blood Task Force. “In
fulfilling this mandate,
the primary responsibility of the RCMP Blood Task Force was to gather the facts on behalf of the Canadian
public, and to lay
criminal charges if the evidence supported reasonable grounds that a criminal offence had occurred.”
“The charges we have announced today reflect the fact that our investigation has met the requirements
to lay these particular
charges, ” added Superintendent Knecht. “It is important to note that there are specific aspects of
this investigation that we
continue to pursue. The possibility exists that we will be laying further charges.”
“The Canadian public needs to have confidence in their public institutions,” added Superintendent
Knecht. “The
Canadian public has the right to expect the safest blood and the safest blood products possible. This
is fundamental to the
health, safety and lives of everyone living in Canada.”
“This major criminal investigation was both massive and complex, involving many jurisdictions, hundreds
of witnesses and over a
million of pages of documents,” said Inspector Gilles Michaud, Officer in Charge of the Ottawa-based
portion of the RCMP Blood
Task Force.
“One of the major challenges was that the alleged offences occurred fifteen to twenty years prior to
the start of the investigation;
so, locating witnesses and documents for the time period under investigation was a lengthy and exacting
task,” added Inspector
Michaud. “Investigators took a deliberate, thorough and systematic approach.”
During the course of the investigation, the RCMP received, reviewed and investigated more than 480 complaints
from people
who were allegedly infected and/or affected by contaminated blood in Canada. Blood Task Force investigators
interviewed in
excess of 700 people throughout the world including witnesses as well as experts in the fields of medicine,
law, academics and
science. They took more than 320 witness statements and collected and analyzed over 1.2 million pages
of documents.
Investigators traveled to nine countries to gather evidence relating to the investigation.
State-of-the-art information management systems were used to manage and present the staggering amount
of information in a
way that was understandable to everyone involved in every stage of the justice process.
The RCMP Blood Task Force maintained a full-time highly trained core investigative team of between 15
and 20 investigators.
As the investigation grew in magnitude and complexity, the task force was assisted by experienced RCMP
major case
investigators from every province and territory as well as investigators from the majority of police
services across Canada.
RCMP Liaison Officers in other countries and police services around the world assisted in the investigation.
The RCMP dedicated a full-time co-ordinator to develop ongoing communications with those impacted by
tainted blood. This
was a first for an RCMP file of this magnitude and national scope. It was intended to provide a clear
understanding of the criminal
justice system without compromising the integrity of the investigation.
Reference web site:
http://www.rcmp-grc.gc.ca/news/2002/nr-02-26.htm
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