The Supreme Court of Canada in Ottawa on Thursday, May 16, 2019. The Supreme Court of Canada says a Quebec naturopath is not guilty of manslaughter or criminal negligence in the death of an elderly man. THE CANADIAN PRESS/Sean Kilpatrick

The Supreme Court of Canada in Ottawa on Thursday, May 16, 2019. The Supreme Court of Canada says a Quebec naturopath is not guilty of manslaughter or criminal negligence in the death of an elderly man. THE CANADIAN PRESS/Sean Kilpatrick

Supreme Court sides with Canadian naturopath in manslaughter, negligence case

84-year-old patient died due to contamination of a vial used during the nutrient injection

A Quebec naturopath is not guilty of manslaughter or criminal negligence in the death of an elderly man, the Supreme Court of Canada has ruled.

Roger Matern, an 84-year-old with heart disease, visited Mitra Javanmardi’s clinic in 2008 at the suggestion of a friend as he was frustrated with conventional treatments.

After discussing his condition, Javanmardi gave him nutrients intravenously and he reacted poorly, complaining of being hot and nauseous. Matern did not want to go to hospital and returned home, but he died a short time later due to contamination of a vial used during the nutrient injection.

Javanmardi was charged with unlawful-act manslaughter and criminal negligence causing death.

A judge acquitted her on both counts, ruling that Javanmardi had the necessary skills to administer intravenous injections even if she was not authorized to do so under Quebec law.

Javanmardi had injected nutrients intravenously to about 10 patients a week for many years.

The Quebec Court of Appeal overturned the manslaughter acquittal, finding Javanmardi guilty on that count, and ordered a new trial on the charge of criminal negligence.

In its 5-2 decision Thursday, the Supreme Court restored the acquittals.

The majority said the trial judge’s factual findings amply supported the conclusion that an intravenous injection, given properly by a qualified naturopath, did not pose a foreseeable risk of bodily harm in the circumstances.

ALSO READ: B.C. naturopath who used diluted rabid dog saliva surrenders licence

The Canadian Press


Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Principal Marie-Claude Carrier has overseen the opening of the Cowichan Valley’s first francophone school. (Citizen file)
Registration now open for Duncan Francophone school

École francophone de Duncan opened last fall with six students

Reggie went missing in Duncan’s McAdam Park on Jan. 3 and owner Brittny Bukva is hoping for his safe return. (Submitted)
Have you seen Reggie? Dog went missing in Duncan’s McAdam Park

Have you seen Reggie? Dog went missing in Duncan’s McAdam Park

Workers prepare to take down 28 large trees on private property on Mill Bay Road this week after they were intentionally poisoned almost two years ago. (Submitted photo)
Still no charges over poisoning of trees in Mill Bay

It’s been almost two years since incident involving 28 large trees

Cory Harrington has been found. (Submitted photo)
Missing Lake Cowichan man located

Cory Harrington was last seen on Dec. 11

Alistair MacGregor will have Pharmacare on his mind for a Thursday, Jan. 21 virtual town hall. (Photo by Lexi Bainas/Cowichan Valley Citizen)
Cowichan MP hosting town hall on universal pharmacare

“Pharmacare for All: A Prescription for Your Wallet”

Syringe is prepared with one of B.C.’s first vials of Pfizer vaccine to prevent COVID-19, Victoria, Dec. 22, 2020. (B.C. government)
B.C.’s COVID-19 caseload stays steady with 465 more Tuesday

No new outbreaks in health care facilities, 12 more deaths

Stand up paddleboarder Christie Jamieson is humbled to her knees as a pod of transient orcas put on a dramatic show on Jan. 19 in the Ucluelet Harbour. (Nora O’Malley photo)
Updated: Ucluelet paddle boarder surrounded by pod of orcas

“My whole body is still shaking. I don’t even know what to do with this energy.”

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Inmates at Metchosin’s William Head Institution are being given COVID-19 vaccines as part of the first phase. Around 600 inmates will be vaccinated in the coming days. (Black Press Media file photo)
William Head prison inmates in receive first doses of COVID vaccine

Priority set for older inmates and those with underlying medical conditions

New Westminster TV production designer, Rick Whitfield, has designed an office in a box for British Columbians in need of a private workspace. (BC Box Office photo)
PHOTOS: B.C. man designs ‘box office’ solution for those working from home

‘A professionally designed workspace on your property, away from the distractions of home’

Chilliwack ER doctor Marc Greidanus is featured in a video, published Jan. 18, 2021, where he demonstrates and describes effectiveness of various styles of masks. (Youtube)
VIDEO: Emergency room doctor runs through pros and cons of various masks

‘We’ve been asked to wear a mask and it’s not that hard,’ Greidanus says.

(Pixabay photo)
VIDEO: Tip to Metro Vancouver transit police helps woman 4,000 km away in Ohio

Sgt. Clint Hampton says transit police were alerted to a YouTube video of the woman in mental distress

A woman types on her laptop in Miami in a Monday, Dec. 12, 2016, photo illustration. THE CANADIAN PRESS/AP/Wilfredo Lee
British Columbia government lax on cybersecurity practices, auditor reports

The audit did not highlight a specific threat, but it found breaches in cybersecurity are increasing globally

A water taxi at Victoria’s Fisherman’s Wharf. (Black Press Media file photo)
Man arrested after stolen water taxi raced up Victoria’s Gorge Waterway

Man is facing recommended charges of theft over $5,000 after leading police on marine chase

Most Read