A BC Supreme Court judge has denied an application to remove a key investigator from the regulatory file of Gloria Lemay, a 77-year-old Duncan woman charged with manslaughter in connection with the death of a newborn infant in late 2023.
Lemay, who has been permanently banned from practicing midwifery since 2000, was charged earlier this year after Ladysmith RCMP responded to the delivery of an unresponsive baby at a private residence on December 27th, 2023.
Despite emergency efforts and subsequent palliative care, the infant died on January 6th, 2024.
The incident prompted an extensive investigation involving RCMP, the BC College of Nurses and Midwives (BCCNM), the BC Coroners Service, and other provincial agencies.
Investigators allege Lemay’s actions during the home birth contributed to the infant’s fatal injuries. She was arrested on January 7th and charged with manslaughter.
As part of its own disciplinary process, the BCCNM executed a court-authorized search of Lemay’s home on January 30th, 2024. During that search, the College seized a box of documents—referred to in court as “Box T”—that Lemay later claimed contained legally privileged communications with her lawyer.
Lemay argued that because the College’s lead investigator, Mx. JT Michaelis Beck, had briefly viewed the contents of the box, they should be removed from the file.
See also: 77-year-old Duncan woman acting as midwife charged with manslaughter of newborn baby
Her legal team also sought a stay of proceedings, claiming the seizure of Box T breached her charter rights and undermined the integrity of the college’s investigation.
In a decision issued June 2nd, Justice Elwood acknowledged concerns with how the materials were handled but ultimately dismissed the application.
While the court agreed the documents should have been more carefully reviewed or segregated, it found no evidence that privileged information was meaningfully accessed or used by the college.
“I am satisfied that the College has rebutted the presumed prejudice arising from the temporary, inadvertent seizure of privileged materials,” Elwood wrote.
“There is no prejudice to Ms. Lemay’s right to a fair hearing or to the integrity of the justice system that will be manifested, perpetuated, or aggravated through allowing these proceedings to continue.”
The judge also declined to award costs against Lemay, citing valid concerns over the College’s handling of the seizure. However, no further remedies were granted.
This is not the first time Lemay has faced legal consequences for defying court orders.
In 2002, she was sentenced to five months in jail for criminal contempt after breaching a previous injunction against practising midwifery.
She has also been involved in earlier criminal and regulatory proceedings, including a 1985 case where she was charged with criminal negligence causing death. She was acquitted on appeal due to the legal status of a fetus under Canadian law.
Lemay continues to describe herself as a “childbirth activist” and has operated a website promoting unregulated birth education under the name Wise Woman Way of Birth.
The BCCNM maintains that Lemay is not and has never been a registered midwife in British Columbia, and continues to urge the public to verify the credentials of any birth attendant through their official registry.
Lemay’s criminal case remains before the courts, and RCMP have stated that no further information will be released while the investigation remains ongoing.
