On Tuesday, the first-degree murder trial of Dr. Brian Nadler will begin.
The internal medicine specialist is accused of killing four elderly patients at a Hawkesbury hospital in March 2021. On Tuesday his trial will begin with jury selection.
Here’s what you need to know before the lengthy jury trial begins.
Who is Dr. Brian Nadler?
Nadler attended medical school at McGill University, graduating in 2010, and then went to the University of Alberta to study surgery and internal medicine until 2014.
After that, he did a residency at the University of Saskatchewan’s medical school from 2014 to 2018. Documents from the College of Physicians and Surgeons of Saskatchewan show he faced
two charges of unprofessional conduct: One for for allegedly calling a female colleague a “bitch” after an argument and telling a resident he “felt like slapping” that colleague, and another charge involved patient record-keeping. The college said he apologized and took a pair of courses in ethics and record-keeping.
Nadler then become a geriatric fellow at the University of Nevada, Reno School of Medicine in September 2018.
In February 2020, he became licensed with the College of Physicians and Surgeons of Ontario and later began working as an physician in internal medicine at the Hawkesbury General Hospital until March 31, 2021, when he was suspended.
The College of Surgeons and Physicians of Ontario currently lists his status as suspended.
What are the charges against him?
Nadler faces four charges of first-degree murder. The Criminal Code of Canada says first-degree murder is planned and deliberate.
He is accused of killing Albert Poidinger, 89; Claire Brière, 80; Lorraine Lalande, 79; and Judith Lungulescu, 93.
Hawkesbury OPP were first called to the hospital on March 25, 2021, to investigate Poidinger’s death. Nadler was charged with Poidinger’s death within 24 hours.
At the time, police said the investigation pointed to multiple suspicious deaths at the hospital where Nadler worked. Three additional murder charges were laid in 2022. Brière, Lalande and Lungulescu died “on or about” the same date that Poidinger died in 2021, said police.
Nadler has maintained his innocence and has been out on bail since July 2021.
His legal team previously told media that Nadler provided “excellent palliative care” to the four patients, who they claim died from COVID-19.
What will happen at the trial?
The trial will begin Tuesday at the Ottawa Courthouse with jury selection.
In criminal cases, a jury is made up of 12 people who live where the court is located. Any adult Canadian citizen can be considered for jury duty.
Once 12 jurors and two alternates are selected, Crown prosecutors and defence lawyers will present their cases, potentially including which witnesses will testify and what evidence the jury will see.
The Crown will question witnesses first, and then the defence can cross-examine the witnesses. Then, the defence will call their own witnesses.
The trial is scheduled to take several weeks, and multiple witnesses are expected to testify.
After the testimony, both sides will present their closing arguments. The judge will instruct the jury on what they must take into account in deciding if Nadler is guilty or not guilty.
The jury will then have to decide whether the Crown has proven beyond a reasonable doubt that Nadler is guilty.
All the jurors must agree on the decision or verdict. If they cannot all agree, the judge may discharge the jury and direct a new jury to be chosen for a new trial.
Who else is involved?
Nadler is represented by defence lawyers Brian Greenspan, David Humphrey and Naomi Lutes.
Matthew Humphreys is the Crown prosecutor.
Superior Court Justice Kevin Phillips is presiding over the trial.
Why is the trial happening in Ottawa?
Though the alleged crimes occurred at a hospital some 100 km east of downtown Ottawa, the trial will take place at the Elgin Street courthouse.
This is because Ontario Superior Court Justice Calum MacLeod ruled in 2023 that even though crimes should be tried in the county where the crime took place, “it is the case that in a highly-publicized case involving the regional hospital and four deceased patients, drawing a jury from the limited jury pool in Prescott and Russell creates a heightened risk that potential jurors may have conflicts of interest.”
In his ruling, MacLeod said there are significant deficiencies at the L’Orignal courthouse, including security issues. “The current premises are increasingly unsuitable for the needs of a modern court system,” MacLeod said.
In asking for a change of venue, Nadler’s defence team said evidence would be presented electronically with multiple screens for jurors, something that’s not available in the main courtroom in L’Orignal. The L’Orignal courthouse, almost 200 years old, is the oldest in the province still in daily use. Its capacity for electronic trials is limited, as are the number of electrical outlets.
Can the public attend?
Yes. Generally speaking, court proceedings are open to the public, but the judge has the power to ask people to leave if they are being disruptive or otherwise jeopardizing the legal proceedings.
With files from Postmedia
