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.

Just Posted

Four golfers from Fairview Mountain Golf Club in Oliver will golf from sunrise to sunset to raise funds for ALS on June 29. (Submitted)
Golfing from sunrise to sunset in Oliver for ALS

Four golfers from Fairview Mountain Golf Club have taken up the challenge June 29

Jann Arden will embark on Canada-wide tour Spring 2022 with a stop in Penticton at the South Okanagan Events Centre on June 13. (Contributed)
Jann Arden coming to Penticton in 2022

The Jann Arden Live! tour has been rescheduled for 2022

A storm watch has been issued for the Okanagan, Kootenays and Columbia regions of B.C. (Calvin Dickson photo)
Another severe thunderstorm watch issued for the Okanagan

Conditions are favourable for thunderstorms that may produce strong wind gusts, hail and heavy rain

The South Okanagan Tim Hortons raised over $4,000 through the three day orange doughnut promotion with 100 per cent of proceeds going to to the Residential School Survivors Society. The owner of these locations matched the amount. (Monique Tamminga Western News)
South Okanagan Tim Hortons raises over $8K for residential school survivors

More than $4,000 worth of doughnuts were purchased over three days

Justin Fotherby,17, and Ashley McMillan, 17 have been chosen for an invitation only competition that sees 20 of Canada’s top swimmers per event vying for a spot at the upcoming 2021 Tokyo Olympic Games. (Submitted)
Penticton swimmers off to Olympic trials

The pair are eyeing a spot on the Canadian team heading to the Tokyo Olympics

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

FILE – Provincial health officer Dr. Bonnie Henry talks about B.C.’s plan to restart the province during a press conference at Legislature in Victoria, Tuesday, May 25, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. officials watching U.K.’s Delta variant struggles, ‘may need to slow’ restart plan

Studies show that one dose of vaccine is only 33 per cent effective in preventing B.1.617.2 spread

RCMP Const. Shelby Patton is shown in this undated handout photo. RCMP say that Patton was hit by an allegedly stolen truck that he had pulled over on Saturday morning in Wolseley, east of Regina. THE CANADIAN PRESS/HO, RCMP
Pair charged in Saskatchewan Mountie’s death make first court appearance

Const. Shelby Patton was hit by an allegedly stolen truck that he had pulled over Saturday morning

David and Collet Stephan leave for a break during an appeal hearing in Calgary on Thursday, March 9, 2017. THE CANADIAN PRESS/Todd Korol
Appeal Court rejects stay for Alberta couple facing third trial in son’s death

Pair accused in their earlier trials of not seeking medical attention for their son sooner

The Journey, an art exhibit by Pauline Hurley, was on display at the Summerland Ats Centre earlier this spring. Beginning June 15, the Summerland Community Arts Council will present Spark, a 10-week community arts challenge. (Summerland Review file photo)
Challenge to spark creativity among Summerland artists

Spark challenge will begin June 15 and will run 10 weeks

A fire deliberately set in a washroom facility in Vernon’s transit terminal could cost the city around $25,000 to repair. (City of Vernon)
Burned-out bathroom could cost Vernon $25K

Despite changes made by city, vandalism on the rise at transit loop loos

Cody Bandsma practises kiting with his new paraglider wing at Blackburn Park in Salmon Arm on Wednesday, June 9, 2021. (Lachlan Labere-Salmon Arm Observer)
VIDEO: Cody Bandsma reaching new heights over the Shuswap

Former 100 Mile resident discovers Salmon Arm by air with powered paraglider

Highway notices like this come down effective June 14. Public health restrictions on non-essential travel and commercial operation have hit local businesses in every corner of B.C. (B.C. government)
Province-wide travel back on in B.C.’s COVID-19 restart plan

Gathering changes include up to 50 people for outdoor events

A young child has been taken to hospital after being struck by a vehicle on 30th Avenue in Vernon Friday, June 11, 2021. (Jennifer Smith - Morning Star)
Investigation ongoing after child struck by vehicle downtown Vernon

A young child was taken to hospital Friday with undetermined injuries

Most Read