B.C. 'childbirth activist' under RCMP investigation over death of newborn following home birth

A B.C. woman who has been making headlines for decades as a self-styled "childbirth activist" is under police investigation over the death of an infant who passed away days after being rushed to hospital following a botched home birth on Vancouver Island.

According to B.C. Supreme Court documents obtained by CBC News, RCMP are investigating Gloria Lemay for allegations of criminal negligence causing the death of a child, who died Jan. 6, 2024 — 10 days after she was born unable to breathe.

In civil proceedings launched by B.C.'s College of Nurses and Midwives in the aftermath of the tragedy, the regulator claims Lemay has been involved "in some manner in multiple cases involving fetal or neonatal death" dating back to 1985, including a case that went all the way to Canada's top court.

"Her engagement in the practice of midwifery is not only unlawful, it is a societal menace," the college claims.

"This is underscored by the fact that she is presently the subject of a serious criminal investigation."

'She could face a possible loss of liberty'

Lemay is not facing any criminal charges in relation to the January 2024 death, and RCMP would not comment on the status of their investigation.

Lemay's lawyer declined to comment while the case is before the courts.

Lemay is slated to be in B.C. Supreme Court in Vancouver Wednesday applying to stay civil proceedings brought by the the regulator; She claims a search of her home after the infant's death violated rights guaranteed by Canada's Charter of Rights and Freedoms.

The college has had an injunction since 2000 preventing Lemay — who has never been registered as a midwife — from performing midwifery services. In 2002, she served two months in jail for criminal contempt of court after violating that order by taking part in 10 home births.

The college now says it intends to bring fresh contempt proceedings against Lemay for "her continued breaches of the injunction."

"Ms. Lemay points out that she could face a possible loss of liberty if she is found in contempt," the college claims in court filings. 

"This is undeniable."

According to court documents, the infant was rushed from the home birth site to the Nanaimo Regional General Hospital, where she was put on a ventilator.

She was then transferred to Victoria General Hospital's neonatal intensive care unit.

A lawyer with the province's risk management branch allegedly contacted the regulator while the infant was still on life support.

JT Michaelis Beck — counsel for the College of Nurses and Midwives's disciplinary and monitoring department — wrote an affidavit containing notes of their interviews with medical staff who dealt with the family after the baby's birth.

One nurse allegedly described the parents as "intelligent people who received medical care but then were led to believe this was normal and safe."

'Tell them my name is Catherine'

Beck wrote that the father told a nurse the "baby was gasping at birth, just laying there, making some effort, but the dad could tell it wasn't right. He was asking [Lemay] to do something but she was saying she's fine."

"[Lemay] was present 'doing f--k all' when [Emergency Medical Services] arrived," Beck's notes read.

"[The father] said he knew it was a mistake. [Lemay] told him as they were leaving 'if anyone asks, tell them my name is Catherine.'"

Family members visited the baby at the Victoria hospital in the hours before she was removed from life support, holding a small ceremony with flowers and music.

"She lived for 14 hours after being extubated," a nurse told Beck.

"Traumatizing for all involved, neonatologist stayed on shift 15 hours in order to provide continuity."

Weeks later, the college applied to the court for an order to search Lemay's home for evidence of unauthorized practice alongside RCMP, who obtained a warrant to conduct their own search at the same time.

Beck's affidavit includes a memorandum of understanding between police and the college, noting that RCMP "would like me to be present in order to assist them in identifying materials that might relate to its investigation into criminal negligence causing death."

'Birth is a normal life process'

On her website, Lemay says she wants her gravestone to read "Gloria Lemay/ Birth Attendant and Mother/ She spoke up for babies."

In a post written in 2017, she claims legislators have "tried to make laws to cover a life event that is natural and one that a woman can do all by herself, if she chooses."

"Birth is a normal life process," the post reads.

"We don't usually legislate who can be with an adult when they are in their own home. What can you make illegal about a woman having a baby and choosing someone to be with her?"

Lemay and another woman were charged with criminal negligence causing death in 1985 after a child they were attempting to deliver in a home birth died while still in the birth canal. In that case, emergency services were called after five hours of second stage labour.

The pair were convicted in B.C. Supreme Court, but the conviction was overturned on appeal.

The Supreme Court of Canada upheld the acquittal after finding a fetus had to be completely removed from its mother's body and born alive to be considered a person.

'It is not about Ms. Lemay or her philosophy'

A decade later, Lemay was called to a coroner's inquest after she assisted in the 1994 home birth of a baby who lived for three days before succumbing to septic shock caused by blood poisoning from an E. coli infection.

Lemay was found in contempt of court in 1995 for refusing to answer the coroner's questions. The judge who made the ruling said Lemay seemed "to be doing everything in her power to obstruct [the inquest] by insisting that it is about herself."

"It is not about Ms. Lemay or her philosophy. It is not a forum for her to answer criticism she has heard from third parties or in the press, nor for her to educate a jury on the topic of midwifery," the judge said.

"The inquest is about the death of one newborn infant, and it is in the interests of the public generally, especially his parents, that it proceed to its end."

The recommendations that followed the inquest called for the enforcement of standards and regulations by a college of midwifery — which wasn't established in B.C. until 1998.

They also said the registration and licensing of midwives "should be an urgent priority."

In a blog post, Lemay claims she declined to join.

"I do not agree with the policies of the College of Midwives, which include inducing healthy women after a certain length of pregnancy, administering unnecessary medications to healthy babies, and recommending that women who had a history of ceasarean birth give birth in hospital," the post reads. 

"I was fearful that regulation would change the public service and alternative nature of true midwifery."

'Malicious, reckless and high-handed behaviour'

In court documents, Lemay notes that the college's injunction does not prevent her from teaching midwifery.

"Ms. Lemay teaches midwifery and doula courses provincially, nationally and internationally," she claims.

"Additionally, Ms. Lemay presents at conferences on the subjects of midwifery and being a doula."

Last month, a Chemainus couple filed a separate lawsuit in B.C. Supreme Court against Lemay for damages they claim their child suffered in 2021 during a home birth at which she acted as a "midwife or birth attendant."

The lawsuit accuses Lemay of "malicious, reckless and high-handed behaviour" — faulting her for allegedly dismissing concerns about the labour, telling the parents a hospital would send them home.

They claim their child suffered damage to his genitalia during 18 hours of labour, before they made the "difficult decision to abandon their home birth and attend the Nanaimo Regional General Hospital for emergency medical attention."

When they did decide to go to hospital, the parents claim Lemay refused to accompany them, telling them "not to mention her involvement."

Lemay has not responded to the lawsuit.

An RCMP spokesperson said the force "does not typically confirm or deny its involvement in investigations until such time where criminal charges are laid against any individuals."

The College of Nurses and Midwives would not comment on what they called "an evolving legal matter."