By Ian Holmes

Judge orders blood test of overdose victim after Nanaimo firefighter hit with vomit

Sep 13, 2017 | 7:52 PM

NANAIMO — A provincial law designed to better protect emergency responders and Good Samaritans has been used for what’s believed to be the first time in a case involving a Nanaimo firefighter.

Judge Brian Harvey enacted the law in Provincial Court in Nanaimo Wednesday morning against a man in relation to an incident on a south Nanaimo street in early August.

Nanaimo Fire Rescue chief Karen Fry told NanaimoNewsNOW a man overdosing was revived and then vomited on the face of a firefighter, sparking concerns over the spread of disease.

The five-year-old Emergency Intervention Disclosure Act allows a judge to order a blood sample from a person if there’s a chance disease could spread to a first responder or someone offering emergency care.

“It’s a landmark decision for us, it’s the first time it’s been tested in the court of law,” Fry said. “It’s going to give us the peace of mind that we know this individual will now be required to be tested.”

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The man, who Fry said was “brought back to life,” has seven days from when he is served to get a blood test or face fines, according to the counsel representing the Nanaimo firefighter in the case. Fry said the man being sought for a blood sample refused medical attention and left Nanaimo Hospital before a doctor saw him.

She said their members wear protective gear, like gloves and goggles, during medical aid calls, but there’s always a risk of transmitting disease.

The impacted Nanaimo firefighter remains on duty and has undergone a series of blood tests, Fry said. Results aren’t known at this time.

Sean Smith, counsel for the firefighter, said the Emergency Intervention Disclosure Act legislation allows testing for hepatitis B and C, as well as HIV. He said blood tests on the firefighter in this case can’t solely be relied upon because diseases can take time to manifest.

“It’s a legislation that was never intended to be regularly used…but it provides a security blanket for these first responders that they have the security they can seek out this order,” Smith said.

ian@nanaimonewsnow.com

On Twitter: @reporterholmes

— with files from Dominic Abassi