Parents sue Vancouver homeless shelter after their mentally ill son dies of overdose in his room

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The parents of a man who died of an overdose of a mixture of opioids and alcohol while living in a downtown Vancouver homeless shelter run by Covenant House Vancouver are suing the charity over his death.

The lawsuit, filed in British Columbia Supreme Court, alleges that Gladys Akimana’s death was caused by the organization’s “misconduct, negligence or omission.” Under British Columbia law, building owners are legally required to ensure that a person on the premises is “reasonably safe.”

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This means “not recklessly disregarding” the safety of residents and exercising reasonable care to protect residents from “foreseeable risks,” the lawsuit states.

Akimana, who had previously experienced trauma and had “mental health issues as well as issues with problematic alcohol and drug use,” was referred to the Seymour Street home by his caseworker and probation officer in June 2022 “because he was a young person with complex needs who was unable to live at home,” the lawsuit states.

“The defendant represented himself to the public as a provider of safe and supportive housing for vulnerable young people like Mr Akimana who needed help with drug and alcohol problems, mental health issues and living skills,” it said.

On August 24, 2022, Akimana came home and staff “perceived him to be intoxicated” and denied him entry, the lawsuit says. “They forced him to go back out in public” and come back when he “no longer appeared intoxicated,” it says.

When he returned, staff noticed he was less drunk and he was allowed to go to his room, they said.

When staff examined him the next morning, they found he was dead.

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The autopsy report found that the combined intake of opioids and alcohol caused him to stop breathing, the lawsuit states.

It was said that the home knew that Akimana had mental health problems, having recently been diagnosed with schizophrenia and certified under the Mental Health Act, and had problems with alcohol and drug abuse.

“The defendant knew or should have known that Mr Akimana had suicidal thoughts and symptoms of psychosis in the past when under the influence of alcohol,” it said.

The animal shelter had a duty of care towards him and the damage he suffered was “reasonably foreseeable” because there was a “close and direct relationship” between them, it said.

“The standard of care required the defendant to provide safe accommodations for its vulnerable residents and to monitor and regularly check on at-risk residents,” the lawsuit states.

Because the home did not provide him with safe accommodation and supervision during his intoxication, the home breached its duty and was “liable for negligence” that led to his “wrongful death,” it said.

The parents, Esperance Mukeshimana, a youth worker, and Remy Mpitarusuma, say they have lost future financial support and counseling and have had to cover funeral costs. They are seeking unspecified damages, the lawsuit says.

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The parents did not respond to a request for comment in a timely manner. None of the allegations could be proven in court.

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