All language subtitles for Diggstown - 03x01 - Nina Francis.720p.WEBRip.x264-BAE.English.HI.C.orig.Addic7ed.com

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These are the user uploaded subtitles that are being translated: 1 00:00:01,375 --> 00:00:02,570 MARCIE: The last couple of years 2 00:00:02,618 --> 00:00:03,825 have been tough, right? 3 00:00:03,921 --> 00:00:05,418 Challenging. 4 00:00:05,695 --> 00:00:07,762 We've had to fight for the little things 5 00:00:07,811 --> 00:00:10,038 that make us feel, human. 6 00:00:10,458 --> 00:00:13,022 We've had to get used to a life in stasis. 7 00:00:13,369 --> 00:00:15,395 Praying that you get to finish 8 00:00:15,444 --> 00:00:16,678 whatever you were in the middle of 9 00:00:16,726 --> 00:00:18,517 when the world changed. 10 00:00:19,874 --> 00:00:21,308 Don't get me wrong, 11 00:00:21,409 --> 00:00:24,735 life in the midst of a pandemic wasn't all bad. 12 00:00:24,879 --> 00:00:26,146 Cheers. 13 00:00:26,247 --> 00:00:27,447 Cheers. 14 00:00:28,396 --> 00:00:30,152 MARCIE: We were reminded of how much, 15 00:00:30,200 --> 00:00:31,950 we love our loved ones. 16 00:00:32,920 --> 00:00:36,276 We "Bubbled" with strangers and made lifelong friends. 17 00:00:36,325 --> 00:00:37,415 Hey, hold on! 18 00:00:37,464 --> 00:00:39,675 MARCIE: And while most of us were dealing with a virus 19 00:00:39,724 --> 00:00:41,489 that made being socially distant 20 00:00:41,537 --> 00:00:43,731 from loved ones the new normal, 21 00:00:44,227 --> 00:00:48,957 some of us saw our lives irrevocably changed by loss. 22 00:00:49,684 --> 00:00:50,851 [COLLEEN SIGHS] 23 00:00:50,900 --> 00:00:53,702 MARCIE: Every morning, my client, Nina Francis, 24 00:00:53,751 --> 00:00:56,423 would make the journey from Preston to Halifax, 25 00:00:56,472 --> 00:00:58,654 to work as a continuing care assistant 26 00:00:58,703 --> 00:01:02,016 at one of Oakland Park's long term care facilities. 27 00:01:02,216 --> 00:01:03,778 And she did that job, 28 00:01:03,826 --> 00:01:05,952 efficiently, diligently, 29 00:01:06,147 --> 00:01:08,106 and with the greatest of care. 30 00:01:08,374 --> 00:01:09,565 During the pandemic, 31 00:01:09,614 --> 00:01:11,503 she was required to do this job 32 00:01:11,552 --> 00:01:13,828 under the worst circumstances. 33 00:01:14,061 --> 00:01:15,662 Lack of PPE, 34 00:01:15,763 --> 00:01:18,298 no access to N-95 masks, 35 00:01:18,399 --> 00:01:20,325 being shuttled across Oakland Park's 36 00:01:20,374 --> 00:01:22,608 six long term care facilities. 37 00:01:23,938 --> 00:01:26,539 My client is charged with assault with a weapon 38 00:01:26,641 --> 00:01:28,341 and criminal negligence. 39 00:01:28,442 --> 00:01:31,211 She's not guilty, ladies and gentlemen. 40 00:01:31,312 --> 00:01:32,911 Nina Francis, 41 00:01:32,959 --> 00:01:35,979 was confronted by the complainant at her home, 42 00:01:36,317 --> 00:01:39,219 as she was taking her two young children to school. 43 00:01:39,513 --> 00:01:42,018 Now the complainant attacked my client 44 00:01:42,067 --> 00:01:43,956 because she believed, 45 00:01:44,004 --> 00:01:47,009 that Ms. Francis gave her mother COVID-19; 46 00:01:47,461 --> 00:01:49,729 a virus she did succumb to. 47 00:01:49,830 --> 00:01:51,830 My client attempted to escape. 48 00:01:51,879 --> 00:01:54,234 Ms. MacAskill's unrelenting attack. 49 00:01:54,335 --> 00:01:56,401 And when Ms. Eilidh MacAskill 50 00:01:56,450 --> 00:02:00,573 refused to back away from my client's vehicle, 51 00:02:00,675 --> 00:02:02,387 she was injured. 52 00:02:02,981 --> 00:02:05,017 The Crown is gonna tell you this 53 00:02:05,065 --> 00:02:07,033 accident was purposeful. 54 00:02:07,615 --> 00:02:11,277 This case is an unwarranted attack on a woman, 55 00:02:11,325 --> 00:02:15,088 who risked her own life every day, 56 00:02:15,260 --> 00:02:16,836 through one of the most 57 00:02:16,884 --> 00:02:20,017 unprecedented events of our lifetime. 58 00:02:20,731 --> 00:02:22,362 Ladies and gentlemen of the jury, 59 00:02:22,463 --> 00:02:25,877 COVID-19 has taken so much 60 00:02:25,925 --> 00:02:27,879 from so many people. 61 00:02:29,793 --> 00:02:31,190 Don't allow it to claim 62 00:02:31,238 --> 00:02:33,797 Nina Francis' freedom, and her family too. 63 00:02:34,508 --> 00:02:36,513 Please find her not guilty. 64 00:02:36,877 --> 00:02:38,530 Thank you. 65 00:02:41,015 --> 00:02:42,415 JUDGE KILCOYNE: Call your first witness. 66 00:02:42,463 --> 00:02:43,450 Yes your Honour. 67 00:02:43,551 --> 00:02:45,214 We call Eilidh MacAskill 68 00:02:45,263 --> 00:02:46,563 to the witness stand. 69 00:02:48,522 --> 00:02:54,427 [OMINOUS MUSIC] 70 00:02:54,528 --> 00:03:02,528 ♪ ♪ 71 00:03:04,005 --> 00:03:05,461 DRIVER: [LAUGHING] 72 00:03:05,509 --> 00:03:07,678 I guess Karen ain't calling the manager today. 73 00:03:07,727 --> 00:03:09,568 PASSENGER: She's handling her business herself. 74 00:03:09,669 --> 00:03:11,129 DRIVER: Mm mm, oh! She tryin' to, oh! 75 00:03:11,178 --> 00:03:13,279 Oh man, she gonna crack the window! 76 00:03:13,695 --> 00:03:14,787 PASSENGER: Look at her, man. 77 00:03:14,836 --> 00:03:16,149 DRIVER: Oh my goodness! 78 00:03:16,546 --> 00:03:18,475 She fell back, and she's drivin' off! 79 00:03:18,524 --> 00:03:19,755 - PASSENGER: Did she just hit her? - DRIVER: [LAUGHING] 80 00:03:19,803 --> 00:03:21,018 I cannot believe what I have... 81 00:03:21,067 --> 00:03:21,807 PASSENGER: Is she all right? 82 00:03:21,856 --> 00:03:23,089 Keep filming, I'm gonna call 911. 83 00:03:23,190 --> 00:03:24,424 DRIVER: All right. Oh my... 84 00:03:24,525 --> 00:03:25,792 Are you okay? 85 00:03:29,096 --> 00:03:30,296 Ms. MacAskill, 86 00:03:30,398 --> 00:03:32,781 there's no doubt that video must be triggering for you. 87 00:03:32,830 --> 00:03:33,900 Do you need a moment? 88 00:03:33,948 --> 00:03:35,502 - I'm good. - BETHANY: Okay. 89 00:03:35,603 --> 00:03:37,681 Now, can you tell the court, 90 00:03:37,729 --> 00:03:40,343 what happened after the accused's truck 91 00:03:40,391 --> 00:03:41,975 made contact with you? 92 00:03:42,076 --> 00:03:44,711 I'm not sure, I just remember being in a lot of pain. 93 00:03:44,812 --> 00:03:47,647 Do you recall if the accused stopped 94 00:03:47,748 --> 00:03:49,310 to see if you were okay? 95 00:03:49,650 --> 00:03:50,820 She just ran off. 96 00:03:50,869 --> 00:03:52,719 - BETHANY: She just left the scene? - EILIDH: Yes. 97 00:03:52,820 --> 00:03:54,721 And she didn't come to your aid? 98 00:03:54,822 --> 00:03:56,656 No. She ran inside her house. 99 00:03:56,853 --> 00:03:59,062 Two guys came from I don't know where 100 00:03:59,111 --> 00:04:00,751 and I guess they called an ambulance. 101 00:04:00,800 --> 00:04:01,908 BETHANY: An ambulance? 102 00:04:01,957 --> 00:04:03,611 So you must've been hurt pretty badly? 103 00:04:03,697 --> 00:04:05,317 My leg was broken in three places 104 00:04:05,366 --> 00:04:07,165 and I suffered a concussion. 105 00:04:07,329 --> 00:04:08,437 I'm a CPA. 106 00:04:08,486 --> 00:04:10,721 I've had trouble focusing since what happened. 107 00:04:10,770 --> 00:04:12,628 Get headaches. 108 00:04:14,119 --> 00:04:16,327 I haven't been able to go back to work. 109 00:04:16,428 --> 00:04:17,695 How long have you been off work? 110 00:04:17,796 --> 00:04:19,480 Almost 13 months. 111 00:04:20,131 --> 00:04:21,684 Do you have a sense from your doctor 112 00:04:21,733 --> 00:04:23,632 when you'll be able to go back? 113 00:04:24,267 --> 00:04:26,470 They don't know if I'll be able to go back. 114 00:04:27,729 --> 00:04:33,322 [GENTLE MUSIC] 115 00:04:34,330 --> 00:04:35,451 JOYCE: So you heard that Gregor's 116 00:04:35,499 --> 00:04:36,866 stepping down as Chair? 117 00:04:37,100 --> 00:04:38,800 I'll believe that when I see it. 118 00:04:38,849 --> 00:04:39,951 JOYCE: Gregor's gone. 119 00:04:40,002 --> 00:04:41,536 He's not even in the country. 120 00:04:41,637 --> 00:04:43,638 He handed me his proxy just in case. 121 00:04:43,739 --> 00:04:45,140 Still playing the puppet master. 122 00:04:45,442 --> 00:04:47,087 Unbelievable. 123 00:04:47,543 --> 00:04:49,056 So who's gonna replace him? 124 00:04:49,157 --> 00:04:51,537 Well, there's Eugene Alfreds, 125 00:04:51,594 --> 00:04:52,961 Quinta Tyson, 126 00:04:53,010 --> 00:04:54,243 Percy Lincoln. 127 00:04:54,297 --> 00:04:55,851 Percy Lincoln? Seriously? 128 00:04:55,900 --> 00:04:57,071 JOYCE: I wouldn't sweat it. 129 00:04:57,120 --> 00:04:58,599 He's viewed as too radical. 130 00:04:58,648 --> 00:05:00,578 Even the "left" has its limits. 131 00:05:01,557 --> 00:05:03,793 Thinking about tossing your hat in the ring? 132 00:05:03,923 --> 00:05:05,460 Give your head a shake. 133 00:05:05,561 --> 00:05:07,041 You know how long I've been trying to reform. 134 00:05:07,096 --> 00:05:08,642 Halifax Legal Aid? 135 00:05:09,029 --> 00:05:11,759 Well, it sounds like you have ideas. 136 00:05:11,966 --> 00:05:14,236 And the added bonus is you have history, 137 00:05:14,337 --> 00:05:15,904 AKA you're old. 138 00:05:16,270 --> 00:05:17,988 Thanks, Colleen. 139 00:05:20,248 --> 00:05:21,649 I'll think about it. 140 00:05:27,165 --> 00:05:29,193 RONNIE: There the big talking man is. 141 00:05:29,242 --> 00:05:31,556 With your cheap settler promises. 142 00:05:31,787 --> 00:05:33,355 I thought you were gonna do something for us. 143 00:05:33,456 --> 00:05:35,577 Now, I'm just getting this. 144 00:05:36,947 --> 00:05:39,494 We waited five months for a no? 145 00:05:39,805 --> 00:05:42,531 The government's not getting their hands on my niece's kid. 146 00:05:42,876 --> 00:05:44,618 - Hey. - Hey, Colleen. 147 00:05:44,667 --> 00:05:46,158 You got a minute to talk about this? 148 00:05:46,207 --> 00:05:47,627 You the boss? 149 00:05:47,915 --> 00:05:49,499 I am, yeah. How can I help? 150 00:05:49,548 --> 00:05:52,159 Stop screwing us with your "Nos" for a start. 151 00:05:52,208 --> 00:05:53,750 We rejected her claim. 152 00:05:54,568 --> 00:05:56,680 Okay, well you can always appeal. 153 00:05:59,711 --> 00:06:01,364 RONNIE: Damn it! 154 00:06:04,503 --> 00:06:06,070 My niece is 16. 155 00:06:06,134 --> 00:06:07,265 She's in the system. 156 00:06:07,314 --> 00:06:09,891 Me and her mother, we grew up in the system. 157 00:06:09,992 --> 00:06:11,408 After my sister died, 158 00:06:11,456 --> 00:06:13,294 I swore I wouldn't let Ivy... 159 00:06:14,592 --> 00:06:17,298 She wasn't supposed to end up in foster care. 160 00:06:18,237 --> 00:06:19,743 I let her down. 161 00:06:20,767 --> 00:06:23,260 How many more of us do they get to claim? 162 00:06:23,486 --> 00:06:25,497 That child of hers belongs with her people. 163 00:06:25,546 --> 00:06:27,661 I need to bring her home. 164 00:06:29,491 --> 00:06:31,431 Here, I want you to write down your number. 165 00:06:31,644 --> 00:06:33,876 I'll call you this afternoon, I promise. 166 00:06:38,220 --> 00:06:40,316 - [DOOR KNOCKING] - DOUG: Look, 167 00:06:40,364 --> 00:06:42,114 I know you said "No" but this file... 168 00:06:42,215 --> 00:06:44,116 [SIGHS] There's always a "file" Doug. 169 00:06:44,217 --> 00:06:46,118 We don't have the resources to take on every case. 170 00:06:46,167 --> 00:06:47,619 It's six or seven hours, Colleen. 171 00:06:47,673 --> 00:06:48,954 Ronnie's niece is in foster care. 172 00:06:49,003 --> 00:06:51,386 She's 16 and eight months pregnant. 173 00:06:51,649 --> 00:06:52,883 Ronnie just wants to be appointed 174 00:06:52,932 --> 00:06:53,999 guardian of her grand-nephew, 175 00:06:54,048 --> 00:06:55,111 keep the child out of care. 176 00:06:55,160 --> 00:06:56,509 It's six or seven hours. 177 00:06:57,150 --> 00:06:59,356 If she registers an appeal I'll expedite it. 178 00:06:59,457 --> 00:07:01,158 You're not getting this, Colleen. 179 00:07:01,312 --> 00:07:02,851 I'm sorry for taking this out on you, 180 00:07:02,900 --> 00:07:05,229 but she applied for legal aid nearly five months ago. 181 00:07:05,376 --> 00:07:06,851 We should be embarrassed it takes this long 182 00:07:06,900 --> 00:07:07,994 to respond to people. 183 00:07:08,043 --> 00:07:10,351 Wow, that's what passes as an apology? 184 00:07:10,400 --> 00:07:12,388 Why does this woman have to fight for help? 185 00:07:12,437 --> 00:07:13,892 We'll give a legal aid certificate 186 00:07:13,940 --> 00:07:15,673 to a murderer just like that. 187 00:07:15,774 --> 00:07:17,508 We have to be better. 188 00:07:17,609 --> 00:07:20,377 You have no idea what I deal with on the daily. 189 00:07:20,478 --> 00:07:21,783 Do more with less, 190 00:07:21,832 --> 00:07:23,335 take from "Peter" to pay "Paul". 191 00:07:23,384 --> 00:07:25,683 The focus this quarter is women not men, 192 00:07:25,784 --> 00:07:26,890 Black not White. 193 00:07:26,939 --> 00:07:29,272 Agendas are constantly shifting. 194 00:07:29,321 --> 00:07:30,947 And every time I ask for more, 195 00:07:30,995 --> 00:07:32,423 I'm told to make it work. 196 00:07:32,524 --> 00:07:35,726 And that's exactly what I'm doing, every day. 197 00:07:35,827 --> 00:07:37,127 So don't... 198 00:07:37,275 --> 00:07:39,487 Don't come at me suggesting otherwise. 199 00:07:40,498 --> 00:07:41,598 You're right. 200 00:07:41,700 --> 00:07:43,872 I shouldn't have said that, I'm just... 201 00:07:46,171 --> 00:07:47,601 Ten hours, Doug. 202 00:07:47,650 --> 00:07:49,151 I'll give you ten hours to work this out. 203 00:07:49,252 --> 00:07:51,079 Thank you. Thank you, Colleen. 204 00:07:51,128 --> 00:07:52,743 COLLEEN: And don't get too excited, I'm not sanctioning 205 00:07:52,791 --> 00:07:53,931 court time on this, all right? 206 00:07:53,980 --> 00:07:55,488 Couple of phone calls, some meetings, 207 00:07:55,537 --> 00:07:57,426 keep this really short and simple. 208 00:08:00,025 --> 00:08:02,960 BETHANY: Why did you choose Oakland Park for your mom? 209 00:08:03,061 --> 00:08:04,730 It seemed nice. 210 00:08:06,098 --> 00:08:07,408 I thought they'd take good care of her, 211 00:08:07,456 --> 00:08:08,518 that she'd be safe. 212 00:08:08,567 --> 00:08:09,973 And was that the case? 213 00:08:10,055 --> 00:08:12,323 Uh, for the first couple months. 214 00:08:12,611 --> 00:08:15,146 But then, once she, the accused, 215 00:08:15,239 --> 00:08:17,297 um, became my mom's 216 00:08:17,346 --> 00:08:19,432 continuing care assistant, it's like, 217 00:08:19,480 --> 00:08:21,505 everything just went to hell. 218 00:08:21,814 --> 00:08:24,715 I'd show up and mom would be sitting in her own mess 219 00:08:24,801 --> 00:08:27,140 or, she'd need an extra pillow 220 00:08:27,189 --> 00:08:29,335 and Nina would look at me like I had two heads. 221 00:08:29,384 --> 00:08:31,656 - Hearsay. - JUDGE KILCOYNE: Move along, Ms. Mayle. 222 00:08:31,773 --> 00:08:32,938 BETHANY: Did you speak to anyone, 223 00:08:32,987 --> 00:08:34,046 about your mom's care? 224 00:08:34,095 --> 00:08:35,945 EILIDH: Not at first but once she pushed me... 225 00:08:36,025 --> 00:08:37,180 Objection, your Honour. 226 00:08:37,229 --> 00:08:38,962 BETHANY: It is our intention, 227 00:08:39,010 --> 00:08:41,284 to present evidence of a prior altercation 228 00:08:41,333 --> 00:08:43,354 between Ms. MacAskill and the accused. 229 00:08:43,525 --> 00:08:44,589 Hmm. 230 00:08:44,638 --> 00:08:46,070 The witness can continue. 231 00:08:46,171 --> 00:08:47,168 She's lying. 232 00:08:47,216 --> 00:08:48,353 - I never touched her. - I know. 233 00:08:48,401 --> 00:08:49,874 Nina, we're gonna get our turn. 234 00:08:49,923 --> 00:08:51,824 EILIDH: Once that woman pushed me, 235 00:08:51,977 --> 00:08:53,181 I complained to her boss, 236 00:08:53,230 --> 00:08:55,808 and the accused was taken off my mother's care. 237 00:08:56,025 --> 00:08:57,867 So that was the end of the defendant's 238 00:08:57,916 --> 00:08:59,347 interaction with your mother? 239 00:08:59,451 --> 00:09:00,513 No... 240 00:09:00,591 --> 00:09:02,205 As a result of COVID, 241 00:09:02,254 --> 00:09:04,459 Oakland Park was short staffed, so... 242 00:09:04,647 --> 00:09:06,691 The accused was put back on my mom's team. 243 00:09:06,792 --> 00:09:09,026 BETHANY: How did your mother respond to that? 244 00:09:09,127 --> 00:09:10,194 EILIDH: I don't know. 245 00:09:10,295 --> 00:09:12,396 Oakland Park was on lockdown. 246 00:09:12,748 --> 00:09:14,332 I didn't get to see her. 247 00:09:17,636 --> 00:09:19,635 My mother died of COVID. 248 00:09:21,659 --> 00:09:23,608 That woman gave her COVID-19... 249 00:09:23,657 --> 00:09:25,915 Objection! This is highly prejudicial. 250 00:09:25,964 --> 00:09:28,157 BETHANY: I'm as surprised as Ms. Diggs 251 00:09:28,206 --> 00:09:29,774 to hear this from my witness. 252 00:09:29,823 --> 00:09:31,158 However, we intend to 253 00:09:31,207 --> 00:09:32,124 - call evidence... - And, 254 00:09:32,172 --> 00:09:34,155 I will consider the relevance of that evidence 255 00:09:34,204 --> 00:09:35,371 when it's put before the court. 256 00:09:35,420 --> 00:09:37,221 MARCIE: Your Honour, the complainant's allegations 257 00:09:37,269 --> 00:09:38,608 are entirely without basis. 258 00:09:38,657 --> 00:09:40,118 The jury needs to be cautioned. 259 00:09:40,167 --> 00:09:41,791 She's a "hotspotter". 260 00:09:42,160 --> 00:09:43,339 From Preston. 261 00:09:43,448 --> 00:09:45,519 Even the government said that that community 262 00:09:45,567 --> 00:09:46,790 was a hotspot for COVID. 263 00:09:46,839 --> 00:09:48,985 - Seriously, your Honour. - JUDGE KILCOYNE: Ms. MacAskill, 264 00:09:49,086 --> 00:09:50,887 I need you to simply answer the questions. 265 00:09:50,936 --> 00:09:52,672 Ms. Mayle asks of you. 266 00:09:52,800 --> 00:09:55,379 Don't editorialize, don't present facts 267 00:09:55,427 --> 00:09:57,129 you don't know as facts. 268 00:09:57,433 --> 00:09:58,565 Ms. Diggs, I will take 269 00:09:58,613 --> 00:10:00,229 your request, for a caution to the jury 270 00:10:00,277 --> 00:10:01,589 under advisement. 271 00:10:02,112 --> 00:10:03,314 Let's move this along. 272 00:10:03,415 --> 00:10:05,714 BETHANY: Let's go back to the day that 273 00:10:05,762 --> 00:10:08,549 the accused's vehicle made contact with you. 274 00:10:09,284 --> 00:10:11,341 Did you have a weapon in your hand 275 00:10:11,390 --> 00:10:12,823 when you approached the defendant? 276 00:10:12,894 --> 00:10:13,956 No. 277 00:10:14,046 --> 00:10:15,446 BETHANY: Were you planning to physically 278 00:10:15,494 --> 00:10:16,559 harm the defendant? 279 00:10:16,710 --> 00:10:18,110 I was upset, 280 00:10:18,573 --> 00:10:20,049 but I just wanted to talk to her, 281 00:10:20,098 --> 00:10:22,033 to understand what happened to my mother. 282 00:10:22,134 --> 00:10:23,728 I wasn't going to hurt her. 283 00:10:24,298 --> 00:10:26,166 I have no further questions. 284 00:10:26,338 --> 00:10:28,602 JUDGE KILCOYNE: Ms. Diggs, cross. 285 00:10:31,677 --> 00:10:33,010 MARCIE: Your mother died. 286 00:10:33,690 --> 00:10:35,231 This is someone you idolized, 287 00:10:35,280 --> 00:10:36,884 someone you loved. 288 00:10:37,021 --> 00:10:38,075 And, 289 00:10:38,123 --> 00:10:39,450 you blame Nina Francis 290 00:10:39,498 --> 00:10:41,010 - for her death? - Yes. 291 00:10:41,059 --> 00:10:42,186 Yes I do. 292 00:10:42,287 --> 00:10:43,835 MARCIE: And, when you confronted her, 293 00:10:43,883 --> 00:10:45,167 at her home 294 00:10:45,941 --> 00:10:47,262 you were angry. 295 00:10:47,349 --> 00:10:48,915 I wouldn't say angry, no. 296 00:10:48,966 --> 00:10:50,017 MARCIE: No? 297 00:10:50,066 --> 00:10:52,005 Just thirty minutes before you were asking 298 00:10:52,053 --> 00:10:54,932 staff members for my client's home address. 299 00:10:54,994 --> 00:10:56,770 I wanted to talk to her, yes. 300 00:10:56,818 --> 00:10:58,390 - But... - But you were angry? 301 00:10:59,638 --> 00:11:01,852 Nobody would give me a straight answer. 302 00:11:02,774 --> 00:11:04,252 I just wanted to talk. 303 00:11:04,301 --> 00:11:05,468 Talk? 304 00:11:06,068 --> 00:11:11,973 [TENSE DRAMATIC MUSIC] 305 00:11:12,098 --> 00:11:17,826 ♪ ♪ 306 00:11:18,190 --> 00:11:20,191 This doesn't look like somebody who wants to talk. 307 00:11:20,240 --> 00:11:21,310 BETHANY: Objection, 308 00:11:21,410 --> 00:11:23,645 we're not here for Ms. Diggs opinion. 309 00:11:24,432 --> 00:11:26,183 I'm done with the witness. 310 00:11:26,396 --> 00:11:33,831 [TENSE DRAMATIC MUSIC] 311 00:11:35,451 --> 00:11:36,870 So she just gets to lie like that? 312 00:11:36,919 --> 00:11:38,950 The jury knows that she's being dishonest. 313 00:11:38,998 --> 00:11:40,198 Do they Marcie? 314 00:11:40,247 --> 00:11:41,314 The media has 315 00:11:41,362 --> 00:11:42,924 half the city believing I'm the one 316 00:11:42,972 --> 00:11:45,006 responsible for the outbreak at Oakland Park, 317 00:11:45,380 --> 00:11:47,419 - like I'm some serial killer. - Nina! 318 00:11:47,468 --> 00:11:48,558 NINA: What, Earl? 319 00:11:48,607 --> 00:11:50,158 Eilidh MacAskill gets to 320 00:11:50,206 --> 00:11:52,285 spew her lies to anyone willing to listen. 321 00:11:52,334 --> 00:11:53,468 What about us? 322 00:11:53,517 --> 00:11:54,884 I can't get a job, 323 00:11:54,947 --> 00:11:57,240 no one will hire you because of me. 324 00:11:57,449 --> 00:11:59,143 And I'm sending the girls to my brothers 325 00:11:59,192 --> 00:12:01,303 just so they don't have to be hassled every day. 326 00:12:01,487 --> 00:12:04,022 Nina, I need you to maintain a positive attitude... 327 00:12:04,123 --> 00:12:05,723 NINA: You be positive, Marcie. 328 00:12:05,825 --> 00:12:09,027 All being positive has ever gotten me was disappointment. 329 00:12:09,128 --> 00:12:10,278 These people have made it so 330 00:12:10,326 --> 00:12:12,568 I can't hold my head up in my own community. 331 00:12:13,405 --> 00:12:15,472 And who knows if I'll ever be able to. 332 00:12:18,685 --> 00:12:20,402 - IRIS: Hi Ona. - ONA: Sorry Iris, 333 00:12:20,450 --> 00:12:21,506 I was just getting up to speed. 334 00:12:21,607 --> 00:12:23,304 Uh, can you just give us a moment please? 335 00:12:23,353 --> 00:12:24,573 Thanks. 336 00:12:25,036 --> 00:12:26,859 I didn't realize your roomie was joining us. 337 00:12:26,908 --> 00:12:28,489 Oh, it's for our client. 338 00:12:28,685 --> 00:12:29,927 Yes, I was hoping that we could all 339 00:12:29,975 --> 00:12:31,053 work together on this one. 340 00:12:31,102 --> 00:12:33,304 I like to think we're always on the same side. 341 00:12:33,552 --> 00:12:35,253 IRIS: I don't think that's what Doug meant. 342 00:12:35,354 --> 00:12:36,958 I'm just messing with your roomie. 343 00:12:37,007 --> 00:12:38,343 - [CHUCKLES] - So, 344 00:12:38,391 --> 00:12:39,974 your client's aunt wants to be 345 00:12:40,022 --> 00:12:41,559 the guardian of her unborn child? 346 00:12:41,833 --> 00:12:43,446 What's the full name of the mother-to-be? 347 00:12:43,495 --> 00:12:45,982 Ivy Lynn, no "e", Maloney. 348 00:12:50,089 --> 00:12:51,390 Is there something wrong? 349 00:12:51,489 --> 00:12:52,731 ONA: No, no, 350 00:12:52,779 --> 00:12:54,743 it's just a birth alert on Ivy Lynn's file. 351 00:12:54,792 --> 00:12:56,785 IRIS: Why is there a birth alert on Ivy's file? 352 00:12:56,942 --> 00:12:58,192 ONA: I'd have to check with whoever 353 00:12:58,240 --> 00:13:00,089 entered this into the system. 354 00:13:00,911 --> 00:13:02,239 I mean, she's a minor, 355 00:13:02,287 --> 00:13:03,557 living in foster care, 356 00:13:03,606 --> 00:13:05,723 with a juvenile history and some learning exceptionalities. 357 00:13:05,772 --> 00:13:06,822 It could be that simple. 358 00:13:06,871 --> 00:13:08,542 Is it too late to submit a safety plan? 359 00:13:08,591 --> 00:13:09,958 To have her aunt appointed as the person 360 00:13:10,007 --> 00:13:11,229 who takes custody of Ivy's child, 361 00:13:11,278 --> 00:13:12,557 instead of social services? 362 00:13:12,658 --> 00:13:14,427 I can try and push one through. 363 00:13:14,601 --> 00:13:16,446 But she can also make her application for guardianship 364 00:13:16,495 --> 00:13:17,677 once the child is born. 365 00:13:17,726 --> 00:13:19,355 IRIS: So you guys can just 366 00:13:19,449 --> 00:13:21,144 take someone's baby, 367 00:13:21,434 --> 00:13:22,519 for nothing? 368 00:13:22,611 --> 00:13:24,292 ONA: Don't get it twisted, Iris. 369 00:13:24,341 --> 00:13:25,770 Look, the whole basis of the policy 370 00:13:25,818 --> 00:13:27,009 is the best interest of the child. 371 00:13:27,058 --> 00:13:28,121 DOUG: Especially if the mother 372 00:13:28,170 --> 00:13:29,638 of that child is Indigenous or Black. 373 00:13:29,716 --> 00:13:31,293 - Hmm. - Look, we can, 374 00:13:31,342 --> 00:13:33,413 run this over till the cows come home, but, 375 00:13:33,578 --> 00:13:35,480 it sounds like you guys are on a clock. 376 00:13:35,900 --> 00:13:37,000 We are. 377 00:13:37,130 --> 00:13:39,140 We'll have the safety plan in this afternoon. 378 00:13:39,551 --> 00:13:41,122 Ronnie does not want her niece's child 379 00:13:41,170 --> 00:13:42,568 spending a day in the system. 380 00:13:42,888 --> 00:13:45,123 - Thank you, Ona. - Yeah. 381 00:13:45,925 --> 00:13:47,292 - See ya. - Okay. 382 00:13:51,356 --> 00:13:53,984 PERCY: Look, our legal aid system is a mess, 383 00:13:54,033 --> 00:13:56,401 underfunded, overworked, inefficient. 384 00:13:56,502 --> 00:13:59,971 It is supposed to be about increasing access to justice, 385 00:14:00,115 --> 00:14:02,216 and that shouldn't just mean family, 386 00:14:02,264 --> 00:14:03,325 - and criminal. - No. 387 00:14:03,403 --> 00:14:04,628 Come on, we do more than that. 388 00:14:04,677 --> 00:14:06,623 I got you, I do, but, 389 00:14:06,725 --> 00:14:09,156 I'm talking civil litigation, 390 00:14:09,205 --> 00:14:10,949 wills and estates. 391 00:14:11,102 --> 00:14:13,253 If I'm elected new chair of the HLA board, 392 00:14:13,302 --> 00:14:15,453 I will bring everyone under one roof. 393 00:14:15,554 --> 00:14:17,956 We're wasting money with leases across the city. 394 00:14:18,057 --> 00:14:19,158 Also... 395 00:14:19,258 --> 00:14:21,700 We only need one "Colleen", 396 00:14:21,748 --> 00:14:23,179 managing everyone, 397 00:14:23,228 --> 00:14:25,279 instead of being top heavy with 398 00:14:25,327 --> 00:14:27,301 administrative salaries. 399 00:14:27,566 --> 00:14:30,134 And that savings will go to fund more lawyers, 400 00:14:30,183 --> 00:14:32,396 who will earn more than just a living wage. 401 00:14:32,474 --> 00:14:34,033 Hive mind. 402 00:14:34,286 --> 00:14:36,073 What about negotiating with government? 403 00:14:36,174 --> 00:14:37,334 You can't throw a press conference 404 00:14:37,382 --> 00:14:38,780 every time you get in a spat. 405 00:14:38,829 --> 00:14:41,409 The house, needs to be cleaned. 406 00:14:41,613 --> 00:14:43,815 I can't do that if I'm locked outside. 407 00:14:44,650 --> 00:14:47,352 Stand next to me, Colleen. 408 00:14:47,453 --> 00:14:48,579 The two of us 409 00:14:48,627 --> 00:14:50,739 working together can usher in 410 00:14:50,787 --> 00:14:52,520 an entirely new era 411 00:14:52,568 --> 00:14:54,262 in Halifax Legal Aid. 412 00:14:56,379 --> 00:14:57,839 Let's keep talking. 413 00:14:58,996 --> 00:15:00,754 Tell me that's a yes. 414 00:15:02,027 --> 00:15:03,362 We investigated the incident 415 00:15:03,411 --> 00:15:04,745 between Nina and Ms. MacAskill, 416 00:15:04,794 --> 00:15:07,017 but, as it was really a she said/she said, 417 00:15:07,066 --> 00:15:08,214 we just decided moving Nina 418 00:15:08,262 --> 00:15:09,468 would be best for everyone. 419 00:15:09,517 --> 00:15:10,737 BETHANY: But then COVID hit, 420 00:15:10,793 --> 00:15:12,045 and the accused ended up back 421 00:15:12,094 --> 00:15:13,528 on the late Mona MacAskill's team? 422 00:15:13,577 --> 00:15:14,629 Yes. 423 00:15:14,678 --> 00:15:15,799 BETHANY: When did Mona MacAskill 424 00:15:15,847 --> 00:15:17,997 first exhibit symptoms of COVID-19? 425 00:15:18,082 --> 00:15:20,224 Objection, relevance? 426 00:15:20,275 --> 00:15:22,036 Your Honour, the defence is arguing 427 00:15:22,085 --> 00:15:23,957 that the complainant attacked the accused, 428 00:15:24,006 --> 00:15:25,815 because she gave her mother COVID-19. 429 00:15:25,864 --> 00:15:27,242 They've made this relevant. 430 00:15:28,274 --> 00:15:29,778 Go ahead, Ms. Mayle. 431 00:15:29,879 --> 00:15:31,388 Objection overruled. 432 00:15:31,524 --> 00:15:33,143 Do you need me to repeat the question? 433 00:15:33,208 --> 00:15:34,272 According to our records, 434 00:15:34,321 --> 00:15:36,660 she started exhibiting symptoms April 21st. 435 00:15:36,709 --> 00:15:38,710 BETHANY: And was the accused part of her team? 436 00:15:38,759 --> 00:15:39,797 CATHY: Yes, but, 437 00:15:39,845 --> 00:15:41,965 she'd only just returned to work days earlier. 438 00:15:42,066 --> 00:15:43,467 Nina was off for two weeks. 439 00:15:43,758 --> 00:15:45,625 - Vacation. - BETHANY: She took a vacation? 440 00:15:45,673 --> 00:15:47,137 At the height of the pandemic? 441 00:15:47,290 --> 00:15:49,024 Nina said her husband had to go out of town 442 00:15:49,073 --> 00:15:50,340 for a family emergency. 443 00:15:50,441 --> 00:15:51,675 How long before the outbreak 444 00:15:51,724 --> 00:15:53,113 had the accused returned to work? 445 00:15:53,162 --> 00:15:54,222 Objection! 446 00:15:54,271 --> 00:15:55,575 Ms. Mayle is attempting to link 447 00:15:55,623 --> 00:15:57,017 the outbreak to my client. 448 00:15:57,066 --> 00:15:59,808 I'm as dismayed as you are, Ms. Diggs. 449 00:16:00,017 --> 00:16:01,544 We're gonna take fifteen. 450 00:16:01,609 --> 00:16:03,920 Sheriff, please excuse the jury. 451 00:16:04,021 --> 00:16:05,255 SHERIFF: All rise. 452 00:16:05,356 --> 00:16:06,756 I want a mistrial. 453 00:16:06,858 --> 00:16:08,250 Every time Ms. Mayle mentions 454 00:16:08,298 --> 00:16:10,073 COVID in connection to my client, 455 00:16:10,122 --> 00:16:12,047 the Jury looks at her like she's a murderer. 456 00:16:12,148 --> 00:16:13,882 She's deliberately feeding them information 457 00:16:13,931 --> 00:16:15,114 that's completely 458 00:16:15,162 --> 00:16:16,333 - false. - False? 459 00:16:16,402 --> 00:16:17,872 Every news outlet in the country 460 00:16:17,921 --> 00:16:20,018 has reported on the outbreak at Oakland Park, 461 00:16:20,067 --> 00:16:21,909 and several of them mention your client 462 00:16:21,958 --> 00:16:23,392 as the source of the outbreak. 463 00:16:23,448 --> 00:16:25,192 Ms. Mayle, I'm astonished, 464 00:16:25,240 --> 00:16:27,210 that you would engage in this line of questioning. 465 00:16:27,311 --> 00:16:29,346 The outbreak at Oakland Park is irrelevant. 466 00:16:29,447 --> 00:16:31,081 This is behaviour I might expect to see 467 00:16:31,130 --> 00:16:33,794 from a prosecutor with zero experience. 468 00:16:34,118 --> 00:16:35,719 I want a mistrial, your Honour. 469 00:16:35,820 --> 00:16:36,987 I don't see how my client 470 00:16:37,036 --> 00:16:38,759 can get a fair trial going forward? 471 00:16:38,808 --> 00:16:40,651 You're not getting a mistrial, Ms. Diggs. 472 00:16:40,825 --> 00:16:42,075 The Jury will be given 473 00:16:42,123 --> 00:16:43,380 specific instructions regarding 474 00:16:43,428 --> 00:16:45,061 the comments made by Ms. Mayle. 475 00:16:45,163 --> 00:16:46,754 Bring the jury back. 476 00:16:48,213 --> 00:16:50,020 They just get to do this 477 00:16:50,068 --> 00:16:51,700 without even telling us? 478 00:16:51,783 --> 00:16:54,304 I'm so sick of these people and their damn traps. 479 00:16:54,405 --> 00:16:56,039 They just get to take my baby? 480 00:16:56,140 --> 00:16:57,878 We can get around this. 481 00:16:58,312 --> 00:16:59,713 RONNIE: You keep saying that. 482 00:16:59,762 --> 00:17:01,378 But history keeps repeating, don't it? 483 00:17:01,479 --> 00:17:03,138 [IVY CRYING] 484 00:17:03,648 --> 00:17:06,310 Ivy, Ronnie... 485 00:17:06,523 --> 00:17:08,992 Doug and I, we're gonna file a safety plan, 486 00:17:09,406 --> 00:17:11,869 where Ronnie is your baby's guardian. 487 00:17:13,424 --> 00:17:16,497 You get to choose who takes care of your baby. 488 00:17:16,661 --> 00:17:19,863 Social Services won't be able to take your child. 489 00:17:19,964 --> 00:17:22,263 Doug and I, we won't let that happen. 490 00:17:23,467 --> 00:17:24,896 DOUG: Iris is right. 491 00:17:25,065 --> 00:17:26,704 We'll settle this. 492 00:17:30,099 --> 00:17:31,227 Dr. Jones, 493 00:17:31,275 --> 00:17:33,214 can you state your occupation for the record? 494 00:17:33,263 --> 00:17:35,090 I'm the Chief Physician for Oakland Group, 495 00:17:35,139 --> 00:17:36,245 the owner of Oakland Park, 496 00:17:36,294 --> 00:17:38,178 the long term care home where the 497 00:17:38,226 --> 00:17:39,280 defendant worked. 498 00:17:39,329 --> 00:17:40,405 BETHANY: Can you describe 499 00:17:40,460 --> 00:17:42,334 the COVID protocols that Oakland Group 500 00:17:42,382 --> 00:17:43,961 put in place for their facilities? 501 00:17:44,055 --> 00:17:46,324 The COVID protocols I put in place, uh, 502 00:17:46,373 --> 00:17:47,662 across the Oakland suite of homes, 503 00:17:47,711 --> 00:17:50,179 were based in the science available at the time. 504 00:17:50,444 --> 00:17:52,581 PPE, facial shields, masks, 505 00:17:52,630 --> 00:17:54,531 increased ventilation, distancing. 506 00:17:54,632 --> 00:17:57,363 Unfortunately, with the staff coming and going, 507 00:17:57,412 --> 00:17:59,598 it proved impossible to keep the "hotspotters" 508 00:17:59,647 --> 00:18:02,038 from bringing COVID into our facility. 509 00:18:02,139 --> 00:18:05,041 Can you clarify for the jury what you mean by "hotspotter"? 510 00:18:05,142 --> 00:18:07,340 Ah, we have a lot of CCAs, 511 00:18:07,389 --> 00:18:09,998 janitorial staff, cafeteria workers, who 512 00:18:10,054 --> 00:18:11,514 live in or have connections, 513 00:18:11,562 --> 00:18:13,608 to family living in COVID hotspots, 514 00:18:13,656 --> 00:18:15,137 like the Preston area, 515 00:18:15,473 --> 00:18:16,645 "Hotspotters". 516 00:18:16,694 --> 00:18:17,756 BETHANY: So you believe 517 00:18:17,804 --> 00:18:18,877 that one of the support staff 518 00:18:18,926 --> 00:18:20,792 is responsible for the outbreak? 519 00:18:20,841 --> 00:18:21,910 Objection. 520 00:18:21,959 --> 00:18:23,168 Speculation. 521 00:18:23,327 --> 00:18:25,042 BETHANY: I have no further questions. 522 00:18:26,364 --> 00:18:27,676 MARCIE: Let's talk about this report 523 00:18:27,725 --> 00:18:30,232 from Oakland Group's human resources department. 524 00:18:30,554 --> 00:18:32,158 Would you mind reading 525 00:18:32,206 --> 00:18:33,956 the highlighted portion to the court? 526 00:18:34,005 --> 00:18:36,225 Ah, it says 35% 527 00:18:36,273 --> 00:18:37,655 of Oakland Group's employees work 528 00:18:37,703 --> 00:18:39,152 across the various facilities. 529 00:18:39,201 --> 00:18:40,482 MARCIE: And how many employees work at 530 00:18:40,530 --> 00:18:42,611 the North End Halifax facility? 531 00:18:42,796 --> 00:18:43,863 Thirty, give or take. 532 00:18:43,912 --> 00:18:45,607 MARCIE: And your Clayton Park facility? 533 00:18:46,050 --> 00:18:47,369 Thirty-six, I believe. 534 00:18:47,418 --> 00:18:48,952 And your Bedford facility? 535 00:18:49,252 --> 00:18:50,505 Fifty-four. 536 00:18:50,554 --> 00:18:53,723 According to my quick math that's 120 people. 537 00:18:53,824 --> 00:18:57,254 And according to your own human resources report, 538 00:18:57,303 --> 00:18:59,215 thirty-five percent of those people, 539 00:18:59,264 --> 00:19:01,488 so forty-two staff, 540 00:19:01,537 --> 00:19:03,149 are coming in and out 541 00:19:03,197 --> 00:19:04,889 of the various facilities 542 00:19:05,007 --> 00:19:06,908 in the midst of a pandemic. 543 00:19:07,381 --> 00:19:08,756 And these numbers include 544 00:19:08,804 --> 00:19:10,307 doctors and nurses? 545 00:19:10,356 --> 00:19:11,392 Yes. 546 00:19:11,441 --> 00:19:12,928 MARCIE: And do these doctors and nurses 547 00:19:12,976 --> 00:19:14,668 work at other hospitals 548 00:19:14,717 --> 00:19:16,911 or other long term care facilities? 549 00:19:16,960 --> 00:19:18,035 Some of them, yes. 550 00:19:18,084 --> 00:19:19,287 MARCIE: So isn't it true, 551 00:19:19,335 --> 00:19:20,928 you have no idea, 552 00:19:20,976 --> 00:19:22,373 what the source of the outbreak 553 00:19:22,421 --> 00:19:24,442 might've been at the North End facility? 554 00:19:24,491 --> 00:19:26,632 - Objection, your Honour. - JUDGE KILCOYNE: We'll continue. 555 00:19:26,681 --> 00:19:27,731 Sit down, Ms. Mayle. 556 00:19:27,780 --> 00:19:29,411 We acted in accordance with the protocols, 557 00:19:29,460 --> 00:19:30,966 set by the government at the time. 558 00:19:31,015 --> 00:19:32,790 Right, so the bare minimum. 559 00:19:33,698 --> 00:19:35,256 Are you currently being sued, 560 00:19:35,304 --> 00:19:36,606 by Ms. MacAskill, 561 00:19:36,655 --> 00:19:38,342 for negligence in connection 562 00:19:38,390 --> 00:19:39,521 with the death of her mother? 563 00:19:39,570 --> 00:19:40,781 BETHANY: Objection, your Honour. 564 00:19:40,830 --> 00:19:42,224 Where is Ms. Diggs getting this from? 565 00:19:42,273 --> 00:19:43,892 Did you insinuate, to Ms. MacAskill, 566 00:19:43,941 --> 00:19:45,675 during your settlement discussions, 567 00:19:45,724 --> 00:19:46,790 that my client 568 00:19:46,838 --> 00:19:48,069 exposed her mother 569 00:19:48,117 --> 00:19:49,808 - to COVID-19? - Your Honour, 570 00:19:50,201 --> 00:19:51,379 Orlando Beam, 571 00:19:51,428 --> 00:19:53,244 counsel for Oakland Park, 572 00:19:53,293 --> 00:19:54,688 and, I've instructed Dr. Jones 573 00:19:54,737 --> 00:19:56,280 that conversations between the group 574 00:19:56,328 --> 00:19:58,942 and Ms. MacAskill, are privileged communication. 575 00:19:59,139 --> 00:20:01,191 I'm sorry, who are you again? 576 00:20:01,292 --> 00:20:02,359 Orlando Bloom? 577 00:20:02,460 --> 00:20:03,522 Orlando Beam. 578 00:20:03,585 --> 00:20:04,685 Okay. 579 00:20:06,467 --> 00:20:08,740 Members of the jury, I apologize for 580 00:20:08,788 --> 00:20:10,609 the workout today, but, 581 00:20:10,657 --> 00:20:14,104 Ms. Diggs, Ms. Mayle, Mr. Beam and I 582 00:20:14,205 --> 00:20:15,905 will need to have a private conversation. 583 00:20:16,006 --> 00:20:20,810 [TENSE DRAMATIC MUSIC] 584 00:20:20,923 --> 00:20:22,157 ORLANDO: I cannot allow Dr. Jones 585 00:20:22,206 --> 00:20:23,264 to answer questions, 586 00:20:23,312 --> 00:20:25,081 related to ongoing litigation. 587 00:20:25,182 --> 00:20:27,074 Your Honour, if I'm not allowed to conduct 588 00:20:27,123 --> 00:20:28,704 a full cross examination 589 00:20:28,753 --> 00:20:31,139 of the evidence that Dr. Jones provided then I can't... 590 00:20:31,188 --> 00:20:33,590 BETHANY: Ms. Diggs is attempting to establish some proximity... 591 00:20:33,639 --> 00:20:35,039 MARCIE: I don't have to attempt. 592 00:20:35,192 --> 00:20:38,480 Ms. MacAskill met with Dr. Jones and Mr. Beam, 593 00:20:38,529 --> 00:20:41,097 immediately prior to confronting my client at her home, 594 00:20:41,198 --> 00:20:42,832 with her small children. 595 00:20:42,933 --> 00:20:45,101 Something happened, at that meeting, 596 00:20:45,150 --> 00:20:47,014 that set her off in my client's direction. 597 00:20:47,063 --> 00:20:48,113 Unfortunately, 598 00:20:48,162 --> 00:20:50,935 that's information Dr. Jones will be unable to share. 599 00:20:51,142 --> 00:20:52,862 JUDGE KILCOYNE: Ms. Diggs, the court acknowledges 600 00:20:52,910 --> 00:20:54,144 solicitor-client privilege... 601 00:20:54,245 --> 00:20:55,699 MARCIE: With respect your Honour, 602 00:20:55,748 --> 00:20:58,529 Mr. Beam has no standing in this proceeding. 603 00:21:00,339 --> 00:21:02,337 Dr. Jones will not answer any questions 604 00:21:02,386 --> 00:21:04,154 related to the ongoing litigation 605 00:21:04,203 --> 00:21:06,062 between Oakland Park, 606 00:21:06,117 --> 00:21:08,053 - and Ms. MacAskill. - MARCIE: Your Honour, 607 00:21:08,101 --> 00:21:09,661 your ruling interferes with my ability 608 00:21:09,709 --> 00:21:10,785 to defend my client... 609 00:21:10,834 --> 00:21:11,899 JUDGE KILCOYNE: Enough! 610 00:21:11,948 --> 00:21:13,772 Move along to your next witness. 611 00:21:14,045 --> 00:21:15,173 Sheriff, 612 00:21:15,221 --> 00:21:16,852 bring the jury back please. 613 00:21:21,358 --> 00:21:23,295 That coffee smells incredible. 614 00:21:23,404 --> 00:21:25,304 You didn't get that from around here, did you? 615 00:21:25,353 --> 00:21:26,586 I know a guy. 616 00:21:26,966 --> 00:21:28,622 You want one? It's high protein. 617 00:21:28,723 --> 00:21:29,842 Oh, for sure. 618 00:21:29,891 --> 00:21:32,844 [PHONE RINGING] 619 00:21:33,100 --> 00:21:34,648 Ona's calling. 620 00:21:35,196 --> 00:21:36,904 - Hey. - Hey, baby. 621 00:21:37,698 --> 00:21:38,965 Bad news. 622 00:21:39,066 --> 00:21:41,468 The safety plan you filed, we can't approve it. 623 00:21:41,569 --> 00:21:43,103 Ronnie Maloney has been deemed unfit. 624 00:21:43,152 --> 00:21:44,158 What? 625 00:21:44,207 --> 00:21:45,257 Hang on. 626 00:21:45,306 --> 00:21:46,880 Doug's here, I'm gonna put you on speaker. 627 00:21:46,929 --> 00:21:48,014 Okay, go ahead. 628 00:21:48,062 --> 00:21:49,975 - Hey Ona. - ONA: Hey Doug. [SIGHS] 629 00:21:50,023 --> 00:21:52,092 So, like I was telling Iris, 630 00:21:52,170 --> 00:21:54,080 they're not able to approve the safety plan. 631 00:21:54,181 --> 00:21:56,086 Ronnie's criminal record disqualifies her. 632 00:21:56,135 --> 00:21:57,434 Ona, we're talking a couple of 633 00:21:57,483 --> 00:21:59,124 resisting and public disturbance convictions, 634 00:21:59,172 --> 00:22:00,639 from over twelve years ago, 635 00:22:00,688 --> 00:22:03,094 back when her partner was struggling with alcohol. 636 00:22:03,143 --> 00:22:04,977 He's been clean eleven years. 637 00:22:05,026 --> 00:22:06,826 They don't even live in the same house. 638 00:22:06,927 --> 00:22:08,647 I'm just the messenger, Doug. 639 00:22:08,891 --> 00:22:10,930 Let me know if I can help with anything else, okay? 640 00:22:11,032 --> 00:22:12,098 I'll talk to you soon. 641 00:22:12,199 --> 00:22:13,592 Dammit! 642 00:22:14,584 --> 00:22:16,273 You're gonna challenge this, right? 643 00:22:16,368 --> 00:22:17,769 It's a long shot. 644 00:22:18,147 --> 00:22:20,619 At this point, I'll probably wait till the baby's born, but, 645 00:22:21,417 --> 00:22:23,309 I got to try and help these guys. 646 00:22:23,411 --> 00:22:25,099 And what about what Colleen said? 647 00:22:25,446 --> 00:22:27,691 She didn't approve court time for this. 648 00:22:29,053 --> 00:22:30,654 I won't tell if you won't. 649 00:22:32,620 --> 00:22:34,312 JOYCE: I've got some good news, I hope. 650 00:22:34,662 --> 00:22:35,865 I've decided to step up, 651 00:22:35,913 --> 00:22:37,824 and put my hat into the ring, for position of Chair. 652 00:22:37,873 --> 00:22:38,929 Awesome. 653 00:22:38,978 --> 00:22:40,004 I know you're really gonna help 654 00:22:40,053 --> 00:22:41,395 transform how legal aid operates. 655 00:22:41,444 --> 00:22:42,332 Definitely. 656 00:22:42,381 --> 00:22:43,731 The first thing I want to look at, 657 00:22:43,780 --> 00:22:46,599 is turning the indigenous offices into regional offices. 658 00:22:46,701 --> 00:22:49,335 That way everyone has greater access to our services. 659 00:22:49,437 --> 00:22:50,487 And docketing, 660 00:22:50,538 --> 00:22:51,983 I want to eliminate docketing. 661 00:22:52,032 --> 00:22:53,992 It makes our lawyers too focused on time management 662 00:22:54,041 --> 00:22:56,276 when they should be thinking of the clients. 663 00:22:56,732 --> 00:22:58,734 I hope I can rely on your support. 664 00:22:59,442 --> 00:23:01,010 You got it, yeah. 665 00:23:05,376 --> 00:23:07,987 EARL: Finish up, girls, we gotta get moving. 666 00:23:08,089 --> 00:23:13,993 [GENTLE MUSIC] 667 00:23:14,095 --> 00:23:16,329 ♪ ♪ 668 00:23:16,719 --> 00:23:18,565 I hope this is still okay. 669 00:23:18,666 --> 00:23:20,633 - Lot going on. - Yeah. 670 00:23:20,682 --> 00:23:22,869 Earl got an industrial mechanical job in Quebec. 671 00:23:23,022 --> 00:23:24,623 He's leaving tomorrow morning. 672 00:23:24,672 --> 00:23:26,740 So the girls need to be settled. 673 00:23:27,055 --> 00:23:29,275 - I hate this. - NINA: It'll be better for the girls. 674 00:23:29,376 --> 00:23:30,532 They won't have to see people 675 00:23:30,580 --> 00:23:32,724 coming at their momma every day. 676 00:23:33,376 --> 00:23:34,435 Besides, 677 00:23:34,484 --> 00:23:36,262 they love hanging in the country with Aunt Glennie, 678 00:23:36,310 --> 00:23:37,415 Uncle Alvin. 679 00:23:37,659 --> 00:23:38,826 Come on, girls. 680 00:23:39,308 --> 00:23:45,213 [TENSE MUSIC] 681 00:23:45,408 --> 00:23:47,042 ♪ ♪ 682 00:23:47,261 --> 00:23:49,491 I was hoping we could skate through this, 683 00:23:49,540 --> 00:23:51,376 without addressing 684 00:23:51,508 --> 00:23:53,783 the question of your COVID status. 685 00:23:53,934 --> 00:23:56,336 That lawyer's not making it easy for you, is she? 686 00:23:56,437 --> 00:23:58,434 No, she's not. 687 00:23:59,673 --> 00:24:02,297 She keeps hammering it in front of the Jury, 688 00:24:02,345 --> 00:24:03,910 - and... - The other day, 689 00:24:04,079 --> 00:24:05,430 two kids, at my daughter's school, 690 00:24:05,479 --> 00:24:07,615 told them their mother was poison. 691 00:24:09,517 --> 00:24:11,289 Poison, Marcie. 692 00:24:12,319 --> 00:24:13,817 I'm being crucified, 693 00:24:14,060 --> 00:24:15,515 based on a lie. 694 00:24:16,157 --> 00:24:17,261 Another day, 695 00:24:17,309 --> 00:24:18,714 another death threat. 696 00:24:19,994 --> 00:24:21,928 What do you think they'll do with my truth? 697 00:24:23,731 --> 00:24:25,274 Honestly, Nina, 698 00:24:26,831 --> 00:24:29,166 I don't think we have a chance without it. 699 00:24:30,389 --> 00:24:32,149 DOUG: The fact that my client was disqualified 700 00:24:32,197 --> 00:24:33,573 as a guardian of her niece's child 701 00:24:33,674 --> 00:24:36,001 due to minor summary convictions from 702 00:24:36,049 --> 00:24:37,347 over twelve years ago 703 00:24:37,396 --> 00:24:40,332 exposes the flaws at the heart of the Birth Alert system. 704 00:24:40,381 --> 00:24:41,514 NELSON: Your Honour, 705 00:24:41,781 --> 00:24:43,741 the best interest of the child is our guiding principle... 706 00:24:43,789 --> 00:24:45,337 Best interest of the child? 707 00:24:45,438 --> 00:24:46,836 Best interest of the child has become 708 00:24:46,884 --> 00:24:48,133 a tool for governments to steal 709 00:24:48,181 --> 00:24:50,040 Indigenous kids from their parents, 710 00:24:50,110 --> 00:24:51,424 from their communities, 711 00:24:51,577 --> 00:24:53,825 and place them in a system that for many becomes 712 00:24:53,946 --> 00:24:55,434 inescapable. 713 00:24:55,663 --> 00:24:57,235 I'd argue that this policy, 714 00:24:57,283 --> 00:24:58,336 is just an extension of 715 00:24:58,384 --> 00:24:59,732 what happened at residential schools 716 00:24:59,834 --> 00:25:01,100 and the '60s scoop. 717 00:25:01,254 --> 00:25:03,211 Policies that have, and will continue to lead, 718 00:25:03,259 --> 00:25:04,771 to the extermination of our culture. 719 00:25:04,872 --> 00:25:06,697 That's a bit dramatic. 720 00:25:07,555 --> 00:25:10,107 You don't believe birth alerts have saved lives? 721 00:25:10,364 --> 00:25:11,780 There's no oversight, your Honour, 722 00:25:11,829 --> 00:25:12,883 no transparency and... 723 00:25:12,931 --> 00:25:14,437 JUDGE DEWEY: That's not what I asked you. 724 00:25:14,603 --> 00:25:16,851 Answer my question, Mr. Paul. 725 00:25:18,282 --> 00:25:19,751 Yes, they do save lives, 726 00:25:19,799 --> 00:25:22,121 but they also ruin families, 727 00:25:22,223 --> 00:25:24,290 stigmatize communities, 728 00:25:24,391 --> 00:25:27,026 and they perpetuate a cycle of poverty and dysfunction. 729 00:25:27,127 --> 00:25:28,995 JUDGE DEWEY: The court acknowledges your agreement 730 00:25:29,096 --> 00:25:31,408 that birth alerts save lives. 731 00:25:31,932 --> 00:25:34,543 Don't bring politics into my courtroom. 732 00:25:34,735 --> 00:25:36,649 You want to give a sociology lesson? 733 00:25:36,811 --> 00:25:38,557 We've got a lot of universities. 734 00:25:38,737 --> 00:25:40,270 I was just arguing my case, your Honour. 735 00:25:40,319 --> 00:25:41,971 Then argue the law. 736 00:25:42,743 --> 00:25:44,010 In that regard, 737 00:25:44,111 --> 00:25:45,827 this court has no authority, 738 00:25:45,875 --> 00:25:47,782 to take any action until after 739 00:25:47,830 --> 00:25:50,149 young Ms. Maloney's child is born. 740 00:25:50,303 --> 00:25:51,549 Your client, 741 00:25:51,597 --> 00:25:53,038 the elder Maloney, 742 00:25:53,140 --> 00:25:55,358 will be able to apply for guardianship, 743 00:25:55,407 --> 00:25:58,247 thirty days following the child's birth. 744 00:25:58,559 --> 00:26:01,294 Mr. Paul, it is galling. 745 00:26:01,386 --> 00:26:03,500 You knew this would be the outcome, but still, 746 00:26:03,556 --> 00:26:04,985 you decided to waste the courts, 747 00:26:05,033 --> 00:26:06,699 and Mr. Biden's time. 748 00:26:06,924 --> 00:26:08,313 We're adjourned. 749 00:26:08,399 --> 00:26:11,304 [TENSE DRAMATIC MUSIC SWELLS] 750 00:26:11,405 --> 00:26:13,856 Auntie, do they get to take my son? 751 00:26:14,141 --> 00:26:15,375 DOUG: We're gonna keep fighting. 752 00:26:15,476 --> 00:26:16,709 RONNIE: You don't get it. 753 00:26:16,810 --> 00:26:18,300 You grew up on reserve, 754 00:26:18,485 --> 00:26:20,680 had the privilege of community. 755 00:26:21,071 --> 00:26:22,515 Ivy didn't have that. 756 00:26:22,616 --> 00:26:24,350 Her mother didn't. I didn't. 757 00:26:24,451 --> 00:26:25,718 This isn't over. 758 00:26:25,819 --> 00:26:27,353 We have options. 759 00:26:27,454 --> 00:26:28,834 This whole system's set up 760 00:26:28,883 --> 00:26:31,414 'cause of White people's need to control us, 761 00:26:31,625 --> 00:26:33,214 treat us like children. 762 00:26:34,075 --> 00:26:35,743 We're not children, Doug. 763 00:26:35,837 --> 00:26:36,894 We don't need, 764 00:26:36,942 --> 00:26:38,829 nor will I let, their courts 765 00:26:38,877 --> 00:26:41,177 tell us who gets to raise our kids. 766 00:26:41,468 --> 00:26:44,043 I'm done waiting for them to give us a fair deal. 767 00:26:44,720 --> 00:26:46,121 What does that mean? 768 00:26:46,170 --> 00:26:47,532 You're a good man, 769 00:26:47,806 --> 00:26:49,275 wo'gumal. 770 00:26:53,296 --> 00:26:54,630 She was angry. 771 00:26:55,164 --> 00:26:56,664 MARCIE: And how did you feel? 772 00:26:57,559 --> 00:26:59,108 NINA: I was scared. 773 00:26:59,653 --> 00:27:01,354 I just wanted to get out of there. 774 00:27:02,025 --> 00:27:03,075 Did she have a, 775 00:27:03,123 --> 00:27:04,219 a weapon? 776 00:27:04,285 --> 00:27:05,868 NINA: I thought she had a rock in her hand, 777 00:27:05,917 --> 00:27:07,007 at first. 778 00:27:07,214 --> 00:27:10,033 She nearly shattered the driver's side window of my car. 779 00:27:10,965 --> 00:27:12,606 But now I know it was just car keys. 780 00:27:12,806 --> 00:27:14,148 And then what happened? 781 00:27:14,322 --> 00:27:15,855 She started yelling. 782 00:27:17,383 --> 00:27:18,755 "You bitch." 783 00:27:19,126 --> 00:27:20,829 "You f-ing bitch." 784 00:27:21,308 --> 00:27:22,725 "My mother's dead because of you," 785 00:27:22,774 --> 00:27:24,210 "I'm gonna kill you." 786 00:27:24,311 --> 00:27:25,545 MARCIE: What did you do? 787 00:27:25,646 --> 00:27:27,237 I opened my window. 788 00:27:27,927 --> 00:27:29,161 Just a little. 789 00:27:30,851 --> 00:27:32,526 I asked her to move. 790 00:27:33,801 --> 00:27:36,146 I told her I was taking my girls to school. 791 00:27:38,025 --> 00:27:39,719 They were so freaked out. 792 00:27:41,213 --> 00:27:42,580 But she... 793 00:27:43,197 --> 00:27:45,049 She seemed not in control. 794 00:27:45,599 --> 00:27:46,780 I just needed to get out of there 795 00:27:46,829 --> 00:27:48,502 so I put my truck, 796 00:27:48,805 --> 00:27:50,311 in reverse. 797 00:27:50,630 --> 00:27:52,194 Did you intend for your vehicle 798 00:27:52,243 --> 00:27:54,440 to make contact with Ms. MacAskill? 799 00:27:54,594 --> 00:27:55,644 NINA: No. 800 00:27:55,693 --> 00:27:56,933 MARCIE: Did you know that you hit her? 801 00:27:56,982 --> 00:27:58,319 Not until I looked out the window 802 00:27:58,368 --> 00:27:59,798 and saw her lying on the ground. 803 00:27:59,899 --> 00:28:01,633 And when you realized, what did you do? 804 00:28:01,682 --> 00:28:03,082 I ran inside with my girls. 805 00:28:03,131 --> 00:28:04,293 I was scared. 806 00:28:04,342 --> 00:28:05,532 MARCIE: Did you know why 807 00:28:05,580 --> 00:28:07,320 Eilidh MacAskill came after you? 808 00:28:07,459 --> 00:28:09,121 NINA: I didn't at the time, 809 00:28:09,426 --> 00:28:10,714 but now I do. 810 00:28:12,026 --> 00:28:14,473 She believes I gave her mother COVID. 811 00:28:14,695 --> 00:28:16,711 MARCIE: So a great deal has been made 812 00:28:16,759 --> 00:28:18,998 about your COVID status 813 00:28:19,192 --> 00:28:20,633 by Ms. Mayle. 814 00:28:21,502 --> 00:28:22,877 Let's just, 815 00:28:22,925 --> 00:28:24,504 go ahead and clear that up. 816 00:28:24,605 --> 00:28:26,189 You took off work, 817 00:28:26,237 --> 00:28:29,217 from April 5th until April 19th. 818 00:28:29,266 --> 00:28:30,916 Can you tell the court why? 819 00:28:30,965 --> 00:28:33,333 There was an outbreak at my daughter's school. 820 00:28:34,851 --> 00:28:36,592 My husband was on the road. 821 00:28:37,497 --> 00:28:39,194 They needed to self-isolate, 822 00:28:39,281 --> 00:28:40,911 so I stayed home with them. 823 00:28:41,989 --> 00:28:43,219 I asked Cathy Collins, 824 00:28:43,267 --> 00:28:45,745 my supervisor, to use sick days, 825 00:28:46,641 --> 00:28:48,290 but the only way she'd agree 826 00:28:48,338 --> 00:28:49,962 is if I took vacation. 827 00:28:50,116 --> 00:28:51,349 MARCIE: So you did the right thing, 828 00:28:51,450 --> 00:28:53,818 you self-isolated with your daughters for 14 days. 829 00:28:53,867 --> 00:28:55,504 The responsible thing. 830 00:28:56,270 --> 00:28:57,820 And did your daughters 831 00:28:57,920 --> 00:28:59,324 end up having COVID? 832 00:28:59,373 --> 00:29:01,174 No. Thank God. 833 00:29:01,275 --> 00:29:02,442 MARCIE: How do you know? 834 00:29:02,543 --> 00:29:04,173 Well ain't nobody got sick. 835 00:29:05,379 --> 00:29:07,352 MARCIE: Have you ever had a COVID test? 836 00:29:07,508 --> 00:29:08,561 Yes. 837 00:29:08,610 --> 00:29:09,675 MARCIE: When was that test, 838 00:29:09,723 --> 00:29:11,050 and what were the results? 839 00:29:11,203 --> 00:29:13,472 I took the test on April 25th. 840 00:29:14,069 --> 00:29:15,868 After I returned to work. 841 00:29:17,958 --> 00:29:19,325 I was positive. 842 00:29:20,157 --> 00:29:22,225 MARCIE: So let's review the timeline. 843 00:29:22,662 --> 00:29:24,415 On April 20th, 844 00:29:24,464 --> 00:29:25,633 you returned to work, 845 00:29:25,681 --> 00:29:27,887 after self-isolating with your daughters, 846 00:29:27,935 --> 00:29:29,235 for 14 days. 847 00:29:29,336 --> 00:29:31,671 And then on April 21st, 848 00:29:31,824 --> 00:29:33,352 Mona MacAskill 849 00:29:33,400 --> 00:29:36,094 started exhibiting COVID symptoms, 850 00:29:36,197 --> 00:29:38,078 less than 48 hours. 851 00:29:44,016 --> 00:29:47,195 Could you read the highlighted section of 852 00:29:47,243 --> 00:29:49,274 Exhibit D-28? 853 00:29:49,323 --> 00:29:53,559 This is a CDC report regarding the transmission of COVID. 854 00:29:53,660 --> 00:29:55,638 NINA: "Symptoms may appear" 855 00:29:55,738 --> 00:29:57,506 "two to fourteen days" 856 00:29:57,555 --> 00:29:59,383 "after exposure" 857 00:30:00,266 --> 00:30:02,101 - "to the virus". - MARCIE: Thank you. 858 00:30:02,254 --> 00:30:03,855 Less than two days. 859 00:30:03,904 --> 00:30:05,415 And yet the complainant 860 00:30:05,463 --> 00:30:08,923 believes that you gave her mother COVID-19? 861 00:30:09,261 --> 00:30:10,666 No. 862 00:30:12,407 --> 00:30:14,113 I was infected by her. 863 00:30:14,205 --> 00:30:15,483 EILIDH: You're a liar! 864 00:30:15,532 --> 00:30:17,547 - [SPECTATORS GASP] - She's lying! 865 00:30:17,641 --> 00:30:18,694 Tell them she's lying! 866 00:30:18,743 --> 00:30:20,505 She gave my mother COVID! 867 00:30:20,606 --> 00:30:21,926 - Tell them! - JUDGE KILCOYNE: Sheriff, 868 00:30:21,974 --> 00:30:24,215 get Ms. MacAskill out of my courtroom. 869 00:30:24,263 --> 00:30:26,459 - [TENSE DRAMATIC MUSIC] - She's lying! 870 00:30:26,560 --> 00:30:32,698 [TENSE DRAMATIC MUSIC] 871 00:30:33,118 --> 00:30:34,821 I have no further questions. 872 00:30:38,906 --> 00:30:40,334 Did you tell your employer 873 00:30:40,383 --> 00:30:42,585 that you tested positive for COVID-19? 874 00:30:42,634 --> 00:30:44,141 - No, I... - BETHANY: Weren't you concerned 875 00:30:44,190 --> 00:30:45,635 that you may have infected, 876 00:30:45,829 --> 00:30:47,947 your co-workers? Other patients? 877 00:30:48,048 --> 00:30:49,883 - I called in sick. - BETHANY: Right. 878 00:30:49,931 --> 00:30:51,236 You'd just returned to work 879 00:30:51,285 --> 00:30:52,785 after being off for two weeks 880 00:30:52,886 --> 00:30:54,929 and then you tested positive, 881 00:30:55,029 --> 00:30:56,374 and you just fled. 882 00:30:56,423 --> 00:30:58,491 I didn't mean to, I was scared. 883 00:30:58,592 --> 00:30:59,672 BETHANY: Scared? 884 00:30:59,726 --> 00:31:02,106 NINA: COVID was making everybody crazy. 885 00:31:04,679 --> 00:31:06,586 The numbers were going up... 886 00:31:07,813 --> 00:31:09,261 And up... 887 00:31:10,237 --> 00:31:12,283 And people were dying. 888 00:31:16,462 --> 00:31:18,274 Telling someone you had COVID was like 889 00:31:18,322 --> 00:31:20,418 walking around with a mark on ya. 890 00:31:22,367 --> 00:31:24,834 You felt like you did something wrong, 891 00:31:26,153 --> 00:31:27,721 like you were bad, 892 00:31:28,937 --> 00:31:30,711 some kind of criminal. 893 00:31:32,326 --> 00:31:33,693 I was ashamed. 894 00:31:33,794 --> 00:31:35,102 BETHANY: Were you ashamed, 895 00:31:35,203 --> 00:31:36,595 or selfish? 896 00:31:36,963 --> 00:31:39,274 You just cared about what people would say about you. 897 00:31:39,356 --> 00:31:40,665 - No. - BETHANY: You didn't care, 898 00:31:40,713 --> 00:31:42,954 you'd exposed your co-workers to COVID. 899 00:31:43,003 --> 00:31:45,170 You didn't care you may have infected other patients 900 00:31:45,219 --> 00:31:46,872 - at Oakland Park. - I did. 901 00:31:46,921 --> 00:31:48,342 BETHANY: Just like you didn't care 902 00:31:48,391 --> 00:31:50,695 when you hit Ms. MacAskill with your vehicle. 903 00:31:50,920 --> 00:31:53,077 I wasn't trying to hurt her. 904 00:31:53,580 --> 00:31:55,681 I wasn't trying to hurt anyone. 905 00:31:56,024 --> 00:31:57,219 BETHANY: But you did, 906 00:31:57,267 --> 00:31:59,018 - didn't ya? - Objection! 907 00:31:59,119 --> 00:32:00,753 I'm done with the accused, your Honour. 908 00:32:00,854 --> 00:32:05,758 [TENSE DRAMATIC MUSIC] 909 00:32:08,478 --> 00:32:10,817 In the time it takes that man to make a sandwich, 910 00:32:10,866 --> 00:32:12,767 I could have been to Halifax and back. 911 00:32:12,952 --> 00:32:15,524 I wish you and Dad would stop acting so foolish. 912 00:32:15,573 --> 00:32:17,140 So now you're taking his side? 913 00:32:17,241 --> 00:32:18,436 Mom, no sides, 914 00:32:18,485 --> 00:32:20,276 we just don't want our parents divorcing. 915 00:32:20,564 --> 00:32:22,204 Ain't about what you want, is it? 916 00:32:22,322 --> 00:32:24,023 Come on, there ain't no talking to you. 917 00:32:24,130 --> 00:32:25,667 Whatever you do, just... 918 00:32:25,847 --> 00:32:26,946 Be nice. 919 00:32:27,083 --> 00:32:28,546 [PHONE RINGING] 920 00:32:29,446 --> 00:32:31,396 EMILY: Oh that's Avery. 921 00:32:31,922 --> 00:32:33,157 - Avery! Avery. - Oh... 922 00:32:33,206 --> 00:32:35,795 Smile on her face says it all. 923 00:32:38,596 --> 00:32:40,997 Hey, what time is it there? 924 00:32:41,046 --> 00:32:43,507 Um, well it's late, but, uh, 925 00:32:44,122 --> 00:32:46,120 I wanted you to see this view. 926 00:32:46,486 --> 00:32:48,918 Definitely makes being sober easier. 927 00:32:49,508 --> 00:32:51,307 - MARCIE: Wow. - [GIGGLING] 928 00:32:51,612 --> 00:32:53,258 Emily and Mom are here, 929 00:32:53,306 --> 00:32:54,611 I should, uh, I should go. 930 00:32:54,712 --> 00:32:56,312 AVERY: They're teasing you, aren't they? 931 00:32:56,413 --> 00:32:58,495 - Yes. - [AVERY LAUGHS] 932 00:32:59,047 --> 00:33:00,097 I'll see you soon. 933 00:33:00,145 --> 00:33:01,445 AVERY: You be good. 934 00:33:01,860 --> 00:33:03,868 [IN FUNNY VOICE] No, "I love you"? 935 00:33:04,866 --> 00:33:07,768 - Te quiero mucho, papi. - Oh my God. 936 00:33:07,817 --> 00:33:09,952 So, when's your man coming back? 937 00:33:10,001 --> 00:33:11,110 MARCIE: What man? 938 00:33:11,159 --> 00:33:12,559 I don't have a man, we're just friends. 939 00:33:12,630 --> 00:33:14,001 - Mmm. - Ohhh... 940 00:33:14,049 --> 00:33:15,832 - Okay. - Hello friend! 941 00:33:15,933 --> 00:33:18,648 [GIGGLING] 942 00:33:19,102 --> 00:33:21,315 But ethically, doesn't it bother you? 943 00:33:21,472 --> 00:33:22,813 I mean, you show up to the hospital, 944 00:33:22,861 --> 00:33:24,215 and take someone's kid. 945 00:33:24,329 --> 00:33:26,113 ONA: I don't see it that way. 946 00:33:26,516 --> 00:33:29,519 Whenever I've had to enforce a birth alert, 947 00:33:29,613 --> 00:33:31,714 I make sure the mom understands what's happening 948 00:33:31,763 --> 00:33:33,243 and she's got time to make a safety plan. 949 00:33:33,390 --> 00:33:34,821 I don't want these kids in the system. 950 00:33:34,870 --> 00:33:36,171 Yeah, but even that. 951 00:33:36,220 --> 00:33:37,887 Why is it the luck of the draw? 952 00:33:38,206 --> 00:33:39,612 And we still don't even know why there's 953 00:33:39,660 --> 00:33:41,257 a birth alert on Ivy's file. 954 00:33:41,358 --> 00:33:42,431 The system needs to change, 955 00:33:42,480 --> 00:33:44,089 you'll get no argument from me. 956 00:33:44,662 --> 00:33:46,591 Now, tell me, 957 00:33:47,222 --> 00:33:49,744 what is going on with you and that... 958 00:33:50,167 --> 00:33:52,331 Gentle giant of a man? 959 00:33:52,658 --> 00:33:53,741 What, I'd love to have those 960 00:33:53,798 --> 00:33:55,942 big old arms wrapped around me for a night. 961 00:33:56,145 --> 00:33:57,826 It's not like that. 962 00:33:58,590 --> 00:34:00,214 Doug is... 963 00:34:01,807 --> 00:34:03,283 You know how I grew up. 964 00:34:03,339 --> 00:34:04,689 We moved around a lot. 965 00:34:04,755 --> 00:34:06,963 It was never stable, I never felt... 966 00:34:07,854 --> 00:34:09,594 Safe. 967 00:34:09,981 --> 00:34:11,926 And I feel safe with Doug. 968 00:34:13,120 --> 00:34:15,243 And you're not sleeping with him? 969 00:34:15,292 --> 00:34:17,357 - [CHOKING] - [ONA LAUGHS] 970 00:34:17,458 --> 00:34:18,692 No! 971 00:34:18,793 --> 00:34:19,954 He's not my type. 972 00:34:20,003 --> 00:34:21,280 He's right up my alley. 973 00:34:21,329 --> 00:34:22,596 - Good for you. - Mmhmm. 974 00:34:22,697 --> 00:34:23,747 ♪ Stop breaking the law ♪ 975 00:34:23,798 --> 00:34:26,900 ♪ Bring it back to you all ♪ 976 00:34:27,835 --> 00:34:30,737 [BOAT HORN HONKING] 977 00:34:32,901 --> 00:34:33,979 DOUG: I think we need to have 978 00:34:34,027 --> 00:34:35,788 all our ducks in a row, for the permanent care hearing 979 00:34:35,836 --> 00:34:37,339 - once Ivy's son is born. - COLLEEN: Judge Dewey's 980 00:34:37,388 --> 00:34:39,043 - Clerk called. - Colleen. 981 00:34:39,128 --> 00:34:40,620 I specifically told you I didn't want you 982 00:34:40,668 --> 00:34:41,725 in court on this file. 983 00:34:41,774 --> 00:34:43,495 - Listen I'm... - COLLEEN: You're testing me, Doug. 984 00:34:43,543 --> 00:34:45,257 Pam tested me. Do I have to fire you too? 985 00:34:45,306 --> 00:34:46,685 The case got complicated. 986 00:34:46,738 --> 00:34:48,672 I'm not just gonna abandon this family. 987 00:34:48,773 --> 00:34:50,407 It's always complicated, Doug. 988 00:34:50,456 --> 00:34:51,860 That's my point. 989 00:34:51,909 --> 00:34:53,423 Every case, every file. 990 00:34:53,472 --> 00:34:54,697 When is it ever simple? 991 00:34:54,746 --> 00:34:56,837 Everybody needs more, and we don't have it. 992 00:34:56,886 --> 00:34:58,734 So we're just letting people fall off the table? 993 00:34:58,783 --> 00:35:01,676 - Is that what we're doing? - Oh, you drive me, Doug. 994 00:35:02,432 --> 00:35:03,590 Look... 995 00:35:03,638 --> 00:35:05,425 Tell your client to find another lawyer. 996 00:35:14,222 --> 00:35:15,543 RONNIE'S VOICEMAIL: Hey, it's Ronnie. 997 00:35:15,591 --> 00:35:17,110 Leave a message. I'll holla back. 998 00:35:17,168 --> 00:35:18,258 Ronnie... 999 00:35:18,633 --> 00:35:20,859 It's Doug Paul, call me back. 1000 00:35:22,507 --> 00:35:24,374 We are leaving behind, 1001 00:35:24,475 --> 00:35:27,526 the very folks this system was intended to protect. 1002 00:35:27,659 --> 00:35:30,685 The system has been crippled by special interests. 1003 00:35:30,734 --> 00:35:32,935 The only consideration should be need. 1004 00:35:32,984 --> 00:35:34,951 Our clients are stigmatized 1005 00:35:35,053 --> 00:35:38,388 by the fact that our range of services are so limited. 1006 00:35:38,489 --> 00:35:40,055 Employment law... 1007 00:35:40,155 --> 00:35:41,327 Wills... 1008 00:35:41,375 --> 00:35:42,539 Civil litigation, 1009 00:35:42,588 --> 00:35:44,276 why not provide these services? 1010 00:35:44,393 --> 00:35:45,800 Why are we picking and choosing? 1011 00:35:45,849 --> 00:35:47,816 We are not a private law firm. 1012 00:35:47,865 --> 00:35:49,433 We need to abolish docketing. 1013 00:35:49,534 --> 00:35:51,094 And I would suggest a wage freeze, 1014 00:35:51,143 --> 00:35:53,036 until we can complete an internal review. 1015 00:35:53,137 --> 00:35:55,372 We need to hold the government's feet to the fire. 1016 00:35:55,473 --> 00:35:57,612 Legal Aid has been underfunded 1017 00:35:57,660 --> 00:35:59,242 for the last twenty years. 1018 00:35:59,343 --> 00:36:01,956 It is time for the government to recommit, 1019 00:36:02,108 --> 00:36:03,884 and reinvest in Legal Aid. 1020 00:36:03,933 --> 00:36:05,634 We do not have a future without it. 1021 00:36:05,729 --> 00:36:07,013 Without these steps, 1022 00:36:07,061 --> 00:36:09,417 we do not have a viable path forward. 1023 00:36:13,209 --> 00:36:14,487 MARCIE: Ms. MacAskill, 1024 00:36:14,535 --> 00:36:16,071 why were you at Oakland Park, 1025 00:36:16,120 --> 00:36:18,393 on the day of the incident between you and my client? 1026 00:36:18,643 --> 00:36:20,630 I had a meeting scheduled with Dr. Jones. 1027 00:36:20,732 --> 00:36:22,652 And what was your state of mind coming out of that meeting? 1028 00:36:22,734 --> 00:36:23,934 ORLANDO: Your Honour, 1029 00:36:24,042 --> 00:36:26,322 I must remind the court the meeting was privileged. 1030 00:36:26,379 --> 00:36:27,807 MARCIE: Your Honour, I'm not asking 1031 00:36:27,855 --> 00:36:29,410 about the subject matter of the meeting. 1032 00:36:29,459 --> 00:36:32,161 JUDGE KILCOYNE: Mr. Beam, your privilege is with Dr. Jones, 1033 00:36:32,210 --> 00:36:34,111 who's an employee of Oakland Group. 1034 00:36:34,212 --> 00:36:36,889 Ms. MacAskill can answer Ms. Digg's questions. 1035 00:36:37,498 --> 00:36:38,659 MARCIE: What was your state of mind 1036 00:36:38,707 --> 00:36:39,757 coming out of that meeting? 1037 00:36:39,850 --> 00:36:41,150 I was angry. 1038 00:36:42,214 --> 00:36:43,604 I had asked about the people who'd 1039 00:36:43,652 --> 00:36:44,825 been in contact with my mother 1040 00:36:44,874 --> 00:36:46,862 and they kept giving me the run around. 1041 00:36:46,991 --> 00:36:48,094 I asked about the accused, 1042 00:36:48,143 --> 00:36:49,962 they said she'd quit out of the blue. 1043 00:36:50,213 --> 00:36:52,047 So I asked why. 1044 00:36:52,449 --> 00:36:54,067 They said they didn't know. 1045 00:36:54,365 --> 00:36:57,632 I asked if she tested positive for COVID. 1046 00:36:58,870 --> 00:37:00,604 They couldn't even look at me, 1047 00:37:00,872 --> 00:37:03,330 went on about privacy. 1048 00:37:04,242 --> 00:37:06,834 My mother was dead and they were still protecting her. 1049 00:37:07,044 --> 00:37:08,225 And so... 1050 00:37:08,325 --> 00:37:10,532 You confronted my client at her home? 1051 00:37:10,581 --> 00:37:11,805 Yea... 1052 00:37:12,261 --> 00:37:14,570 I wanted her to take responsibility. 1053 00:37:14,619 --> 00:37:16,094 MARCIE: And you were angry... 1054 00:37:16,565 --> 00:37:18,006 Riled up. 1055 00:37:18,148 --> 00:37:20,473 EILIDH: I'd just seen my mother that Sunday. 1056 00:37:24,395 --> 00:37:25,826 She was gone that fast. 1057 00:37:25,875 --> 00:37:27,621 I didn't even get to hold her. 1058 00:37:29,934 --> 00:37:31,891 And no one's responsible. 1059 00:37:32,474 --> 00:37:34,144 No one's accountable. 1060 00:37:35,439 --> 00:37:37,468 Someone gave my mom COVID. 1061 00:37:39,010 --> 00:37:40,608 No one will take responsibility. 1062 00:37:40,657 --> 00:37:42,367 Not them, not Nina. 1063 00:37:44,048 --> 00:37:45,718 Someone did this. 1064 00:37:48,553 --> 00:37:50,413 Someone killed my mother. 1065 00:37:52,957 --> 00:37:55,025 Someone is responsible. 1066 00:37:58,396 --> 00:38:00,447 MARCIE: Yes, Eilidh. 1067 00:38:01,654 --> 00:38:03,007 But it's pretty clear, 1068 00:38:03,055 --> 00:38:04,724 given yesterday's testimony, 1069 00:38:04,773 --> 00:38:06,547 that there is no way, 1070 00:38:06,595 --> 00:38:09,535 my client gave your mother COVID. 1071 00:38:09,774 --> 00:38:11,399 That's not true. 1072 00:38:18,139 --> 00:38:19,936 [CRYING] You're right. 1073 00:38:20,618 --> 00:38:22,739 I'm sorry. I'm sorry. 1074 00:38:23,742 --> 00:38:25,420 You're right. 1075 00:38:31,047 --> 00:38:32,935 I'm so sorry, Nina. 1076 00:38:39,546 --> 00:38:40,857 BETHANY: Your Honour, 1077 00:38:40,957 --> 00:38:43,725 in light of Ms. MacAskill's testimony, 1078 00:38:43,774 --> 00:38:46,215 the Crown is willing to enter a stay of proceedings, 1079 00:38:46,264 --> 00:38:47,896 against the defendant. 1080 00:38:47,997 --> 00:38:49,210 What does that mean? 1081 00:38:49,259 --> 00:38:51,525 JUDGE KILCOYNE: Ms. Diggs, I take it you don't object? 1082 00:38:51,882 --> 00:38:56,085 [TENSE DRAMATIC MUSIC] 1083 00:38:56,320 --> 00:38:58,255 I strenuously object, your Honour. 1084 00:38:58,356 --> 00:39:02,525 [TENSE MUSIC SWELLS] 1085 00:39:05,327 --> 00:39:06,411 MARCIE: Your Honour, 1086 00:39:06,460 --> 00:39:08,393 my client's been maligned in the media. 1087 00:39:08,573 --> 00:39:10,356 Her life's been harmed, 1088 00:39:10,404 --> 00:39:11,684 perhaps irreparably, 1089 00:39:11,733 --> 00:39:13,511 by this court proceeding. 1090 00:39:13,612 --> 00:39:15,139 Ms. Mayle's offer to 1091 00:39:15,219 --> 00:39:17,479 stay the charge does nothing 1092 00:39:17,527 --> 00:39:19,220 to begin repairing the damage 1093 00:39:19,269 --> 00:39:20,670 to my client's reputation. 1094 00:39:20,719 --> 00:39:22,319 Is there an ask, Ms. Diggs? 1095 00:39:22,472 --> 00:39:23,833 MARCIE: The public understands 1096 00:39:23,882 --> 00:39:26,429 the meaning of a not guilty verdict, 1097 00:39:26,477 --> 00:39:27,663 your Honour. 1098 00:39:27,850 --> 00:39:29,171 I'd ask the Crown, 1099 00:39:29,219 --> 00:39:30,395 to direct the Jury, 1100 00:39:30,444 --> 00:39:34,020 to enter a not guilty verdict against my client. 1101 00:39:34,266 --> 00:39:35,615 Ms. Mayle? 1102 00:39:35,819 --> 00:39:37,868 Your Honour, the Crown does not oppose. 1103 00:39:37,917 --> 00:39:39,076 Ms. Digg's request, 1104 00:39:39,124 --> 00:39:40,452 on behalf of the accused. 1105 00:39:40,605 --> 00:39:43,207 MARCIE: We thank the Crown for your position on that, 1106 00:39:43,256 --> 00:39:44,487 and we concur. 1107 00:39:44,536 --> 00:39:47,234 JUDGE KILCOYNE: While the court takes no opinion on this, but, 1108 00:39:47,282 --> 00:39:48,965 given the unanimity of counsel, 1109 00:39:49,014 --> 00:39:51,749 we would ask the Jury to return with that verdict. 1110 00:39:51,850 --> 00:39:57,092 [GENTLE MUSIC] 1111 00:39:57,264 --> 00:39:58,821 We find the defendant, 1112 00:39:58,869 --> 00:40:00,202 Nina Francis, 1113 00:40:00,250 --> 00:40:02,295 - not guilty. - [CROWD SIGHING] 1114 00:40:02,425 --> 00:40:05,093 [GENTLE MUSIC] 1115 00:40:05,178 --> 00:40:06,764 MARCIE: This is over. 1116 00:40:06,958 --> 00:40:08,199 JUDGE KILCOYNE: Members of the jury, 1117 00:40:08,247 --> 00:40:10,904 we thank you for your service in this matter. 1118 00:40:11,034 --> 00:40:12,084 Nina, 1119 00:40:12,132 --> 00:40:13,764 the court wishes nothing but 1120 00:40:13,812 --> 00:40:15,272 rest and restoration for you 1121 00:40:15,320 --> 00:40:17,235 and your family moving forward. 1122 00:40:17,709 --> 00:40:18,809 We did it. 1123 00:40:18,910 --> 00:40:20,472 JUDGE KILCOYNE: Court is adjourned. 1124 00:40:32,600 --> 00:40:34,043 Hey. 1125 00:40:34,279 --> 00:40:35,537 What are you doing here? 1126 00:40:35,586 --> 00:40:36,881 I, uh, 1127 00:40:36,929 --> 00:40:39,229 thought I'd get a little head start setting up an office. 1128 00:40:39,331 --> 00:40:40,531 An office here? 1129 00:40:40,632 --> 00:40:42,066 Yeah. 1130 00:40:42,350 --> 00:40:44,068 Oh, I thought you knew Colleen. 1131 00:40:44,169 --> 00:40:45,402 I'm not Gregor. 1132 00:40:45,503 --> 00:40:46,956 You are going to be seeing a lot of me, 1133 00:40:47,005 --> 00:40:48,472 more than you want to. 1134 00:40:48,573 --> 00:40:50,573 I like to get my hands dirty. 1135 00:40:51,076 --> 00:40:53,243 - Okay. - Ah, first things first, 1136 00:40:53,345 --> 00:40:54,705 we need to talk about getting the lawyers 1137 00:40:54,753 --> 00:40:56,080 to increase their weekly billings. 1138 00:40:56,129 --> 00:40:58,363 Oh, we're already working way beyond capacity. 1139 00:40:58,516 --> 00:41:00,150 Ooh, easy now. 1140 00:41:00,199 --> 00:41:01,579 There is a method, 1141 00:41:01,701 --> 00:41:02,757 to the madness. 1142 00:41:02,806 --> 00:41:05,469 We can agree that the system is on the verge of breaking. 1143 00:41:05,817 --> 00:41:08,973 Well no one will pay attention until we break it. 1144 00:41:09,361 --> 00:41:11,143 Then we build it better. 1145 00:41:12,316 --> 00:41:14,716 [AMBER ALERT BUZZING] 1146 00:41:16,199 --> 00:41:19,511 [AMBER ALERT BUZZING] 1147 00:41:34,619 --> 00:41:40,457 [SOFT DRAMATIC MUSIC] 1148 00:41:40,558 --> 00:41:48,265 ♪ ♪ 1149 00:41:48,366 --> 00:41:50,109 Is this what do you really want? 1150 00:41:50,769 --> 00:41:53,257 It's just not working. 1151 00:41:54,572 --> 00:41:58,068 [AMBER ALERT BUZZING] 1152 00:41:58,462 --> 00:42:00,429 Police are looking for an Indigenous woman, 1153 00:42:00,478 --> 00:42:01,816 travelling with a newborn, 1154 00:42:01,865 --> 00:42:04,100 driving a late model Honda Civic. 1155 00:42:04,149 --> 00:42:05,883 Residents are advised to contact police 1156 00:42:05,984 --> 00:42:08,652 if they have any information regarding this case. 1157 00:42:08,753 --> 00:42:11,689 - [AMBER ALERT BUZZING] - [SOFT DRAMATIC MUSIC] 1158 00:42:11,790 --> 00:42:17,695 [SOFT RHYTHMIC MUSIC] 1159 00:42:17,796 --> 00:42:18,862 ♪ ♪ 1160 00:42:19,120 --> 00:42:24,599 ♪ Some day, say you'll miss me too 1161 00:42:26,471 --> 00:42:28,464 ♪ We're out in your world 1162 00:42:28,513 --> 00:42:32,137 ♪ There is no look as good as you 1163 00:42:34,783 --> 00:42:37,052 ♪ The sun sets ♪ 1164 00:42:37,240 --> 00:42:40,236 ♪ But baby you're the rule ♪ 1165 00:42:42,232 --> 00:42:44,166 ♪ It don't matter the place ♪ 1166 00:42:44,215 --> 00:42:48,089 ♪ I'll keep finding my way to you 1167 00:42:49,401 --> 00:42:51,328 ♪ I crossed all the oceans ♪ 1168 00:42:51,584 --> 00:42:53,318 [BOTH LAUGHING] 1169 00:42:53,503 --> 00:42:56,233 ♪ Lost all my fortune ♪ 1170 00:42:56,282 --> 00:42:57,482 ♪ For you ♪ 1171 00:42:57,531 --> 00:42:58,894 ♪ Spent all my time ♪ 1172 00:42:58,943 --> 00:43:01,101 ♪ and my very last dime ♪ 1173 00:43:01,164 --> 00:43:03,932 ♪ I crossed all the oceans ♪ 1174 00:43:04,175 --> 00:43:05,776 ♪ For you ♪ 1175 00:43:05,877 --> 00:43:07,778 ♪ Got my mind on my money ♪ 1176 00:43:07,879 --> 00:43:10,948 ♪ And my money on my baby ♪ 1177 00:43:10,997 --> 00:43:12,081 ♪ For you ♪ 1178 00:43:12,130 --> 00:43:13,864 ♪ My money on my baby ♪ 1179 00:43:14,066 --> 00:43:18,066 synced & corrected by PopcornAWH www.addic7ed.com 85188

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