77-year-old Gloria Jeanne Lemay is facing a manslaughter charge after a newborn infant died on Jan. 6, 2024, after an unresponsive baby was delivered inside a Ladysmith home on Dec. 27, 2023. (Submitted)

By NanaimoNewsNOW Staff

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VANCOUVER — An unsanctioned midwife recently charged with manslaughter has unsuccessfully argued the search and seizure of items from her property was unlawful.

Gloria Jeanne Lemay, 77, was charged last month with manslaughter in connection to the death of an unresponsive baby born in December 2023.

She argued via legal counsel in a B.C. Supreme Court in Vancouver last November a search of her property amounted to a contravention under the Canadian Charter of Rights and Freedoms.

Lemay, responding to actions by the BC College of Nurses and Midwives, took exception to the seizure of various devices, while also arguing the search was an abuse of process.

In a B.C. Supreme Court judgment made on Jan. 8, which was recently published, Lemay contended she should have been allowed to be present at her home when separate court-approved search warrants were exercised by College representatives and Ladysmith RCMP on Jan. 30, 2024.

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Police entered the home first in the morning, escorting Lemay out.

The police search lasted nearly three hours, followed by the College’s search which was aided by private investigators.

Court heard Lemay returned at least once, asking to be let into the home during the search, which was denied.

Of particular concern for Lemay, according to court records, were documents she believes were protected.

“At issue is a box referred to by the parties as Box T, which contained various paper files, some of which Ms. Lemay says are subject to solicitor‑client privilege,” justice Bruce Elwood wrote.

The College’s counsel, JD Michaelis Beck, told court they “did not read the documents for their content. Rather, I scanned the materials quickly. My impression was that the box contained news clippings and “public‑facing” mementoes from Ms. Lemay’s prior legal proceedings.”

Lemay also said unrelated items were also taken from her, including miscellaneous bags, a single chopstick, a battery, zap straps, a “defunct” blood sugar reading machine and mailed items from the late 1990’s.

All items were later returned to Lemay, along with cameras, storage devices and documents seized during the initial search.

Justice Elwood found the RCMP and the College did not commit an abuse of process in their search and subsequent investigation of Lemay.

Elwood reserved a decision on an alleged breach of solicitor-client privilege, stemming from documents found inside a box seized, for a future date.

Lemay remains in custody on the manslaughter charge, with her next court appearance due in mid-March for a scheduled bail hearing in provincial court in Duncan.

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