VANCOUVER — The parents of man who died of an overdose of a mix of opioids and alcohol while living at a downtown shelter run by Covenant House Vancouver are suing the charity for his death.
The lawsuit filed in B.C. Supreme Court alleges the death of Gladys Akimana was “caused by the wrongful act, neglect or default” of the organization under a B.C. law that imposes a legal duty on building owners to ensure an individual is “reasonably safe” on the premises.
That means “not to act with reckless disregard” to residents’ safety and to exercise reasonable care to protect residents from “foreseeable risks,” the lawsuit argues.
Akimana, who had experienced earlier trauma and had “mental health challenges and issues with problematic alcohol and substance use,” was referred to the shelter on Seymour Street in June 2022 by his case manager and by his probation officer “because he was a young person with complex needs who could not live at home,” the claim said.
“The defendant held itself out to the public as providing safe and supportive housing for vulnerable young people like Mr. Akimana, who needed help with drugs, alcohol, mental health and life skills,” it said.
On Aug. 24, 2022, Akimana came home and staff “perceived him to be intoxicated” and he was denied entry, the lawsuit said. “They forced him to go back out into public” and to return when he “no longer appeared intoxicated,” it said.
When he returned, staff perceived him to be less intoxicated and he was let into his room, it said.
When staff did a check the next morning, they discovered him dead.
The coroner’s report found the combined “use of opioids and alcohol had” stopped his breathing, the lawsuit said.
It said the shelter knew Akimana had mental health problems, including a recent schizophrenia diagnosis and certification under the Mental Health Act, and problems with alcohol and substance use.
“The defendant knew or ought to have known that when intoxicated, Mr. Akimana had in the past experienced suicidal ideation and symptoms of psychosis,” it said.
The shelter owed him a duty of care and the harm he suffered was “reasonably foreseeable” because there was a “close and direct relationship of proximity” between them, it said.
“The standard of care required the defendant to provide a safe shelter for its vulnerable residents and to monitor and regularly check on at-risk residents,” the lawsuit said.
Because the shelter didn’t provide safe shelter or monitor him when he was intoxicated, the shelter breached that duty and is “liable for negligence” that resulted in his “wrongful death,” it alleged.
The parents, Esperance Mukeshimana, a youth care worker, and Remy Mpitarusuma, say they have suffered loss of future financial support and guidance and expenses for the funeral. They are seeking undisclosed damages, the claim said.
The parents did not respond to a request for comment in time to be included. None of the allegations have been proven in court.
