Featured in The Lawyer’s Daily – Seeking compensation for wrongful deaths in BC

Commentary: Mattis Bieg is from Munich Germany and served as the Society’s Campaign Coordinator in 2019. He is presently attending Ludwig-Maximilian University Munich studying Constitutional, Medical, and VAT Law. He joined the Society here in British Columbia, Canada as an unpaid volunteer intern at his own expense and passionately dedicated himself to campaigning for reforming BC’s wrongful death laws.

As a German citizen, Mattis first learned about the impact of antiquated wrongful death legislation after the 2015 Germanwings Flight 9525 tragedy which pushed German lawmakers to finally reform the country’s wrongful death laws in 2017. In Mattis’ work with the Society, he wrote and had an article published by The Lawyer’s Daily titled “Seeking compensation for wrongful deaths in BC” – the article is below.

Following Mattis’ internship he has shared a brief recap of his experience and some parting thoughts:

“Even though I only worked with the BC Wrongful Death Law Reform Society for a limited time, I enjoyed every moment to its fullest. The lessons I have learned from Michael-James Pennie and Don Renaud, will have an ever-lasting impact on my understanding of true justice and how we should treat each other with the necessary respect and dignity. While I’ve always strived to do my best to right a wrong, my experience with the Society helped me to develop a deep understanding for the surviving families of victims of wrongful death and what it takes to give them a fair compensation for an irreplaceable loss.

Over the course of my internship I had the opportunity to take part in campaigning to make British Columbia a more righteous and dignified place for all of its citizens.

Hearing the stories of victims of wrongful death and how they are being treated under BC legislation, first-hand, was heartbreaking. Thus, it is beyond my understanding how, on the part of the government that this unjust legislative defect has not been corrected by now. This is especially taking into consideration the amazing and tireless work of each volunteer from the Society in pushing the government for reform.

Through the work I’ve done with the Society and all the affected families that I was deeply touched by, it reaffirmed to me that having access to justice, should not be considered merely a privilege, but a right that every British Columbian should have and that lawmakers need to secure. It was a privilege to work with each and every member of the Society and I hope they accept this token of my esteem for the amazing work they are doing day by day.”

The article Mattis wrote for The Lawyer’s Daily is as follows:

Seeking compensation for wrongful deaths in B.C.

Wednesday, November 13, 2019 @ 8:28 AM | By Mattis Bieg

Respect for the dignity of the individual human being is the fundamental value underlying the assertion of rights in Canada. It is the basis for the rights to life, liberty, security of the person and equality under the law as articulated in the Canadian Charter of Rights and Freedoms. As expressed further in its foundational law, Canada strives to be a fair and just society.

Having in mind these principles, set by universal human preferable standards and Canada’s highest laws, imagine the following situation:

A driver crashes into a group of teenagers. One is killed instantly. A few weeks later, medical negligence takes the life of another, who’d only suffered a broken leg in the melee. The grieving parents, devastated by the loss of their beloved children, seek to right these wrongs. They trust that accountability will occur through the legal system. They look to the applicable laws of Canada’s mostly westerly province — British Columbia.

However, the deceased left behind no financial dependents. As such, under British Columbia’s long outdated legislation, surviving family members cannot hold the wrongdoers accountable in a civil action. Its Family Compensation Act fails to recognize any losses other than those resulting in direct financial damage. In most cases this merely amounts to the costs associated with a funeral service.

For the family left behind to heal, the opportunity to hold someone accountable for the wrongful act that caused their suffering is fundamental. The pain, suffering and grief over the needless death of a loved one can never be measured monetarily, but surviving family members deserve every bit of support possible when their loved one is killed by wrongful act.

Death by an entirely preventable human act extends beyond grief. Rather, it goes on to burn surviving family members with a profound sense of injustice. The inability to access justice in a meaningful way leaves a permanent psychological wound.

In the absence of alternatives monetary compensation is essential, as it goes toward recognizing the dignity of the life that was lost. Monetary compensation acknowledges that the life had value in the eyes of the law, regardless of age, health or employment status.

The above example occurred in 1997 when a negligent driver struck a crowd of teens leaving a party in South Surrey, B.C. Seventeen people were injured and one girl died instantly. That night Heidi Klompas suffered a badly broken leg which required prompt surgical repair.

Although her injuries were originally non-life threatening, she died three weeks later in hospital as a result of medical malpractice.

Heidi’s mother, Catherine Adamson, along with other grieving families who also discovered that they did not have access to justice under B.C.’s law, formed the BC Wrongful Death Law Reform Society.

Currently, all of the other provinces, as well as the Yukon Territory, allow for non-economic (non-pecuniary) damages relating to such loss. British Columbia’s legal framework around wrongful death has not significantly changed since the adoption of Lord Campbell’s Act, a piece of British legislation originally drafted in 1846. Black humour in the barristers’ lounges has some local lawyers joking that “if you run over a child, back up and make sure he’s dead.”

This is deeply contrary to Canadian values — especially as the current law typically affects the most vulnerable of society; children, seniors and the disabled. In the event of a wrongful death, these are the people deemed worthless in the eyes of the B.C. law. Their deaths “only” cause emotional damage to surviving loved ones, instead of an immediate directly attributable financial loss.

The BC Wrongful Death Law Reform Society is comprised entirely of unpaid volunteers, including the writer of this article. Most members of the society have experienced first-hand the devastation of feeling completely helpless when confronted with the inadequacy of B.C.’s shameful legislative hole.

With only token damages available under the legislation in B.C., they usually have no way of covering litigation costs associated with uncovering truth and holding accountable wrongdoers. This is the case even for deaths caused by the most egregious carelessness and neglect.

If driven by concrete legislative modernization, real institutional policy change can be expected from public and private insurers. For some bizarre reason, insurance companies have come to think risk management means avoiding adequate payment of claims rather than heading off the claim altogether by preventing human loss in the first place.

I am a German citizen. I have spent the last several months away from my legal studies in Germany to volunteer and help the society. It is important that I share the tragedy which pushed German lawmakers finally to reform their wrongful death laws in 2017.

In March 2015 Germanwings Flight 9525 carrying over 150 passengers, among them a class of schoolchildren returning from a language exchange, crashed into the French Alps. No one survived.

The follow-up investigations determined that the crash was caused deliberately by the co-pilot Andreas Lubitz. Lubitz was previously treated for suicidal tendencies and had been declared unfit to work by his doctor. The families of the children received no compensation as Germany had no law supporting a claim for non-pecuniary damages.

In December 2016, the German federal government, under immense public scrutiny, was forced to introduce a new law allowing non-pecuniary damages to be awarded to the bereaved.

One might argue that legal reform should be undertaken as soon as the existing legislation is recognized as being antiquated and well beneath modern standards for decency and dignity of the individual. Reform should not come about only in response to public outrage on the back of a tragedy.

Families are not asking for much but accountability, fair compensation to cope with grief, and most importantly to provide deterrence to reduce incidents of wrongful death for other families. Making B.C.’s society safer and more dignified is a win-win for both the citizens and the province.

Should wrongful death continue to be such a windfall for tortfeasors?

Mattis Bieg is a third-year law student at Ludwig Maximilian University in Munich and he is completing an internship at the BC Wrongful Death Law Reform Society as campaign co-ordinator.

Link to the original article is here.

Please petition your MLA to make your voice heard in supporting the modernization of our wrongful death laws in BC»


About the BC Wrongful Death Law Reform Society

‘In Their Name’ is the campaign of ‘The BC Wrongful Death Law Reform Society’ – a BC registered non-profit organization comprised of volunteer families who have lost a loved one to wrongful death in BC and were denied access to justice. In response to the biggest human rights issue facing the province today, our goal is to modernize British Columbia’s antiquated wrongful death legislation, which predates confederation (1846). Under current legislation, the value of a human life is measured only by the deceased’s future lost income, so long as they had dependents.

As a result of the province’s antiquated law, access to justice has been denied to the families of the wrongfully killed who do not meet this discriminatory criteria. This has affected especially vulnerable groups, namely children, seniors, the disabled, and anyone without dependents when they are killed by the negligent or intentional acts of another.

BC is presently the last of all the provinces, yet to have undertaken this critical legislative modernization to allow for dignity, value, and protections for all its citizens under the law.

When it’s ‘free’ to kill in BC, wrongdoers are not held accountable. This lack of general deterrence holds the province back in terms of incentivizing innovation of safety measures and protocols to prevent wrongful deaths in the first place.

Here’s How You Can Get Involved…

The Premier of British Columbia, David Eby, is responsible for the modernization of BC’s wrongful death laws. Our Society provided David Eby with the drafted ‘Wrongful Death Accountability Act’ when he was acting as the Attorney General for British Columbia for 6 years between 2017-2022. The new Attorney General, Niki Sharma, also shares responsibility as she is the Minister responsible for the ‘Family Compensation Act’ – the current guiding piece of legislation that the civil courts must follow in cases of wrongful death. Minister Sharma receives feedback from the regional ‘Members of the Legislative Assembly’ (MLAs) and follows orders from the Premier, David Eby, who is ultimately responsible for modernization.

Reform is presently at a standstill, as the BC NDP government does not presently view access to justice for the surviving family members of the wrongfully killed as a priority in this province. This is despite the fact that the families behind our Society have been fighting for modernization for over two decades. And despite the fact that all other provinces, including the Yukon, have already modernized in most cases long ago.

The only way to move this forward is by creating massive public awareness and outcry for legislative modernization. Only under the scrutiny of the public and the media will our politicians be forced to take this necessary, and long overdue action.

How many more people will need to die from the same preventable wrongful actions before our politicians will do their job?

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