Montreal naturopath Mitra Javanmardi has been acquitted of manslaughter and criminal negligence causing death by Canada’s Supreme Court. She was convicted in 2018 based on the death of a client in 2008 after she intravenously administered nutrients to him.
Mitra Javanmardi (Le Journal de Montreal)
Javanmardi opened a naturopathic clinic in Quebec in 1985. Her credentials included a degree in science and a doctorate in naturopathic medicine. At the time of her patient’s death she had treated between 4,000 and 5,000 patients at her clinic, and beginning in 1992 she administered nutrients by way of intravenous injection to about ten patients per week.
Roger Matern and his wife visited Javanmardi’s clinic on June 12, 2008. The 84-year-old Matern had heart disease and sought treatment for breathing problems because of fluid in his lungs after heart surgery. He was dissatisfied with treatment at his medical clinic, and hoped naturopathy would improve his breathing.
After meeting with Matern for an hour, Javanmardi recommended intravenously administered benign nutrients. Matern insisted on having an immediate intravenous treatment, even though Javanmardi told him she did not normally do that on a first visit.
Matern complained of being hot and nauseous after the procedure began. Javanmardi stopped the intravenous injection and checked Matern’s vital signs. They were stable, he had no fever, and there was no sign of infection.
No patient of Javanmardi’s had ever been infected during an intravenous injection. She thought Matern could be having a hypoglycaemic reaction, and he consumed a spoonful of honey and orange juice at her suggestion.
Matern’s wife and daughter took him home because he did not want to go to the hospital.
Later that day Javanmardi told Matern’s daughter he needed to stay hydrated and that she needed to take him to the hospital if he couldn’t stay hydrated.
That night Matern’s daughter called an ambulance because his condition worsened.
At the hospital doctors noted signs of endotoxic shock. His condition worsened until he died of endotoxic shock some hours later.
After an investigation, Javanmardi was charged with criminal negligence causing death and manslaughter.
Javanmardi waived a jury trial. During her bench trial in 2015 the prosecution’s case was based on allegations acts and omissions by Javanmardi in the administration of the intravenous injection was contrary to Quebec’s Medical Act, and they were evidence she committed criminal negligence causing death and manslaughter.
Javanmardi’s defense was she was trained and experienced to give intravenous injections, she had acted as a reasonable person would, and her conduct was not negligent.
Quebec Provincial Court Judge Louise Villemure acquitted Javanmardi of both charges on April 8, 2015. Villemure’s decision was based on her satisfaction Javanmardi had the skill to administer intravenous injections, and she complied with the required protocols and had taken reasonable precautions with Matern. Regarding the charge of criminal negligence causing death, Villemure decided Javanmardi’s conduct wasn’t contrary to the standard of care a reasonable person would have exercised in her circumstances. Consequently, the prosecution had not proved beyond a reasonable doubt that Javanmardi had showed wanton or reckless disregard for Matern’s life or safety. Regarding the manslaughter charge, Villemure concluded Matern’s intravenous injection was not objectively dangerous. Javanmardi acted reasonably, because a reasonable person would not have foreseen that using proper procedures to intravenously administer a benign solution would create a risk of harm.
The prosecution appealed.
On May 31, 2018 Quebec’s Court of Appeal set aside both acquittals. It concluded Villemure misstated the elements of criminal negligence causing death and manslaughter related to the facts of Javanmardi’s case. The appeals court decided intravenous injection is objectively dangerous and Javanmardi’s conduct was inconsistent with the actions of a reasonable person. The appeals court substituted a conviction for Javanmardi’s acquittal of manslaughter and remanded her for sentencing on that charge. It also ordered a new trial on the criminal negligence charge.
Canada’s Supreme Court accepted review of Javanmardi’s case. She remained free pending the outcome of her appeal.
On November 14, 2019 the Canadian Supreme Court issued its majority (5-2) ruling reinstating Javanmardi’s acquittals of both charges. In R. v. Javanmardi, 2019 SCC 54 the Court held:
“The appeal should be allowed and the acquittals restored.
The Court of Appeal erred in holding that an intravenous injection is objectively dangerous regardless of the circumstances in which it is administered or the training, qualifications and experience of the person who administers it. The Court of Appeal also erred in disturbing the accused’s acquittals based on its conclusion that her conduct markedly departed from that of a reasonable person. These conclusions cannot be squared with the trial judge’s findings of fact which the Court of Appeal replaced with its own.
The fault element of both offences require that an accused’s conduct be measured against the standard of a reasonable person in their circumstances.
In measuring the accused’s conduct against this standard in the instant case, the trial judge was obliged to consider the accused’s prior training, experience and qualifications as a naturopath. The trial judge found that the accused was properly qualified to administer intravenous injections and took the necessary precautions at every stage of administering the intravenous injection, including observing sufficient protocols to prevent sepsis. All of the trial judge’s factual findings, which were based on the evidence, amply support the conclusion that an intravenous injection, performed properly by a naturopath qualified to administer such injections, did not pose an objectively foreseeable risk of bodily harm in the circumstances.”
Click here to read the Canadian Supreme Court’s ruling in R. v. Javanmardi, 2019 SCC 54 (CAN Sup. Ct. 11-14-19).
November 21, 2019
By Hans Sherrer
Justice Denied
