Original subtitles

MARCIE: The last couple of years

have been tough, right?

Challenging.

We've had to fight for the little things

that make us feel, human.

We've had to get used to a life in stasis.

Praying that you get to finish

whatever you were in the middle of

when the world changed.

Don't get me wrong,

life in the midst of a pandemic wasn't all bad.

Cheers.

Cheers.

MARCIE: We were reminded of how much,

we love our loved ones.

We "Bubbled" with strangers and made lifelong friends.

Hey, hold on!

MARCIE: And while most of us were dealing with a virus

that made being socially distant

from loved ones the new normal,

some of us saw our lives irrevocably changed by loss.

[COLLEEN SIGHS]

MARCIE: Every morning, my client, Nina Francis,

would make the journey from Preston to Halifax,

to work as a continuing care assistant

at one of Oakland Park's long term care facilities.

And she did that job,

efficiently, diligently,

and with the greatest of care.

During the pandemic,

she was required to do this job

under the worst circumstances.

Lack of PPE,

no access to N-95 masks,

being shuttled across Oakland Park's

six long term care facilities.

My client is charged with assault with a weapon

and criminal negligence.

She's not guilty, ladies and gentlemen.

Nina Francis,

was confronted by the complainant at her home,

as she was taking her two young children to school.

Now the complainant attacked my client

because she believed,

that Ms. Francis gave her mother COVID-19;

a virus she did succumb to.

My client attempted to escape.

Ms. MacAskill's unrelenting attack.

And when Ms. Eilidh MacAskill

refused to back away from my client's vehicle,

she was injured.

The Crown is gonna tell you this

accident was purposeful.

This case is an unwarranted attack on a woman,

who risked her own life every day,

through one of the most

unprecedented events of our lifetime.

Ladies and gentlemen of the jury,

COVID-19 has taken so much

from so many people.

Don't allow it to claim

Nina Francis' freedom, and her family too.

Please find her not guilty.

Thank you.

JUDGE KILCOYNE: Call your first witness.

Yes your Honour.

We call Eilidh MacAskill

to the witness stand.

[OMINOUS MUSIC]

♪ ♪

DRIVER: [LAUGHING]

I guess Karen ain't calling the manager today.

PASSENGER: She's handling her business herself.

DRIVER: Mm mm, oh! She tryin' to, oh!

Oh man, she gonna crack the window!

PASSENGER: Look at her, man.

DRIVER: Oh my goodness!

She fell back, and she's drivin' off!

- PASSENGER: Did she just hit her? - DRIVER: [LAUGHING]

I cannot believe what I have...

PASSENGER: Is she all right?

Keep filming, I'm gonna call 911.

DRIVER: All right. Oh my...

Are you okay?

Ms. MacAskill,

there's no doubt that video must be triggering for you.

Do you need a moment?

- I'm good. - BETHANY: Okay.

Now, can you tell the court,

what happened after the accused's truck

made contact with you?

I'm not sure, I just remember being in a lot of pain.

Do you recall if the accused stopped

to see if you were okay?

She just ran off.

- BETHANY: She just left the scene? - EILIDH: Yes.

And she didn't come to your aid?

No. She ran inside her house.

Two guys came from I don't know where

and I guess they called an ambulance.

BETHANY: An ambulance?

So you must've been hurt pretty badly?

My leg was broken in three places

and I suffered a concussion.

I'm a CPA.

I've had trouble focusing since what happened.

Get headaches.

I haven't been able to go back to work.

How long have you been off work?

Almost 13 months.

Do you have a sense from your doctor

when you'll be able to go back?

They don't know if I'll be able to go back.

[GENTLE MUSIC]

JOYCE: So you heard that Gregor's

stepping down as Chair?

I'll believe that when I see it.

JOYCE: Gregor's gone.

He's not even in the country.

He handed me his proxy just in case.

Still playing the puppet master.

Unbelievable.

So who's gonna replace him?

Well, there's Eugene Alfreds,

Quinta Tyson,

Percy Lincoln.

Percy Lincoln? Seriously?

JOYCE: I wouldn't sweat it.

He's viewed as too radical.

Even the "left" has its limits.

Thinking about tossing your hat in the ring?

Give your head a shake.

You know how long I've been trying to reform.

Halifax Legal Aid?

Well, it sounds like you have ideas.

And the added bonus is you have history,

AKA you're old.

Thanks, Colleen.

I'll think about it.

RONNIE: There the big talking man is.

With your cheap settler promises.

I thought you were gonna do something for us.

Now, I'm just getting this.

We waited five months for a no?

The government's not getting their hands on my niece's kid.

- Hey. - Hey, Colleen.

You got a minute to talk about this?

You the boss?

I am, yeah. How can I help?

Stop screwing us with your "Nos" for a start.

We rejected her claim.

Okay, well you can always appeal.

RONNIE: Damn it!

My niece is 16.

She's in the system.

Me and her mother, we grew up in the system.

After my sister died,

I swore I wouldn't let Ivy...

She wasn't supposed to end up in foster care.

I let her down.

How many more of us do they get to claim?

That child of hers belongs with her people.

I need to bring her home.

Here, I want you to write down your number.

I'll call you this afternoon, I promise.

- [DOOR KNOCKING] - DOUG: Look,

I know you said "No" but this file...

[SIGHS] There's always a "file" Doug.

We don't have the resources to take on every case.

It's six or seven hours, Colleen.

Ronnie's niece is in foster care.

She's 16 and eight months pregnant.

Ronnie just wants to be appointed

guardian of her grand-nephew,

keep the child out of care.

It's six or seven hours.

If she registers an appeal I'll expedite it.

You're not getting this, Colleen.

I'm sorry for taking this out on you,

but she applied for legal aid nearly five months ago.

We should be embarrassed it takes this long

to respond to people.

Wow, that's what passes as an apology?

Why does this woman have to fight for help?

We'll give a legal aid certificate

to a murderer just like that.

We have to be better.

You have no idea what I deal with on the daily.

Do more with less,

take from "Peter" to pay "Paul".

The focus this quarter is women not men,

Black not White.

Agendas are constantly shifting.

And every time I ask for more,

I'm told to make it work.

And that's exactly what I'm doing, every day.

So don't...

Don't come at me suggesting otherwise.

You're right.

I shouldn't have said that, I'm just...

Ten hours, Doug.

I'll give you ten hours to work this out.

Thank you. Thank you, Colleen.

COLLEEN: And don't get too excited, I'm not sanctioning

court time on this, all right?

Couple of phone calls, some meetings,

keep this really short and simple.

BETHANY: Why did you choose Oakland Park for your mom?

It seemed nice.

I thought they'd take good care of her,

that she'd be safe.

And was that the case?

Uh, for the first couple months.

But then, once she, the accused,

um, became my mom's

continuing care assistant, it's like,

everything just went to hell.

I'd show up and mom would be sitting in her own mess

or, she'd need an extra pillow

and Nina would look at me like I had two heads.

- Hearsay. - JUDGE KILCOYNE: Move along, Ms. Mayle.

BETHANY: Did you speak to anyone,

about your mom's care?

EILIDH: Not at first but once she pushed me...

Objection, your Honour.

BETHANY: It is our intention,

to present evidence of a prior altercation

between Ms. MacAskill and the accused.

Hmm.

The witness can continue.

She's lying.

- I never touched her. - I know.

Nina, we're gonna get our turn.

EILIDH: Once that woman pushed me,

I complained to her boss,

and the accused was taken off my mother's care.

So that was the end of the defendant's

interaction with your mother?

No...

As a result of COVID,

Oakland Park was short staffed, so...

The accused was put back on my mom's team.

BETHANY: How did your mother respond to that?

EILIDH: I don't know.

Oakland Park was on lockdown.

I didn't get to see her.

My mother died of COVID.

That woman gave her COVID-19...

Objection! This is highly prejudicial.

BETHANY: I'm as surprised as Ms. Diggs

to hear this from my witness.

However, we intend to

- call evidence... - And,

I will consider the relevance of that evidence

when it's put before the court.

MARCIE: Your Honour, the complainant's allegations

are entirely without basis.

The jury needs to be cautioned.

She's a "hotspotter".

From Preston.

Even the government said that that community

was a hotspot for COVID.

- Seriously, your Honour. - JUDGE KILCOYNE: Ms. MacAskill,

I need you to simply answer the questions.

Ms. Mayle asks of you.

Don't editorialize, don't present facts

you don't know as facts.

Ms. Diggs, I will take

your request, for a caution to the jury

under advisement.

Let's move this along.

BETHANY: Let's go back to the day that

the accused's vehicle made contact with you.

Did you have a weapon in your hand

when you approached the defendant?

No.

BETHANY: Were you planning to physically

harm the defendant?

I was upset,

but I just wanted to talk to her,

to understand what happened to my mother.

I wasn't going to hurt her.

I have no further questions.

JUDGE KILCOYNE: Ms. Diggs, cross.

MARCIE: Your mother died.

This is someone you idolized,

someone you loved.

And,

you blame Nina Francis

- for her death? - Yes.

Yes I do.

MARCIE: And, when you confronted her,

at her home

you were angry.

I wouldn't say angry, no.

MARCIE: No?

Just thirty minutes before you were asking

staff members for my client's home address.

I wanted to talk to her, yes.

- But... - But you were angry?

Nobody would give me a straight answer.

I just wanted to talk.

Talk?

[TENSE DRAMATIC MUSIC]

♪ ♪

This doesn't look like somebody who wants to talk.

BETHANY: Objection,

we're not here for Ms. Diggs opinion.

I'm done with the witness.

[TENSE DRAMATIC MUSIC]

So she just gets to lie like that?

The jury knows that she's being dishonest.

Do they Marcie?

The media has

half the city believing I'm the one

responsible for the outbreak at Oakland Park,

- like I'm some serial killer. - Nina!

NINA: What, Earl?

Eilidh MacAskill gets to

spew her lies to anyone willing to listen.

What about us?

I can't get a job,

no one will hire you because of me.

And I'm sending the girls to my brothers

just so they don't have to be hassled every day.

Nina, I need you to maintain a positive attitude...

NINA: You be positive, Marcie.

All being positive has ever gotten me was disappointment.

These people have made it so

I can't hold my head up in my own community.

And who knows if I'll ever be able to.

- IRIS: Hi Ona. - ONA: Sorry Iris,

I was just getting up to speed.

Uh, can you just give us a moment please?

Thanks.

I didn't realize your roomie was joining us.

Oh, it's for our client.

Yes, I was hoping that we could all

work together on this one.

I like to think we're always on the same side.

IRIS: I don't think that's what Doug meant.

I'm just messing with your roomie.

- [CHUCKLES] - So,

your client's aunt wants to be

the guardian of her unborn child?

What's the full name of the mother-to-be?

Ivy Lynn, no "e", Maloney.

Is there something wrong?

ONA: No, no,

it's just a birth alert on Ivy Lynn's file.

IRIS: Why is there a birth alert on Ivy's file?

ONA: I'd have to check with whoever

entered this into the system.

I mean, she's a minor,

living in foster care,

with a juvenile history and some learning exceptionalities.

It could be that simple.

Is it too late to submit a safety plan?

To have her aunt appointed as the person

who takes custody of Ivy's child,

instead of social services?

I can try and push one through.

But she can also make her application for guardianship

once the child is born.

IRIS: So you guys can just

take someone's baby,

for nothing?

ONA: Don't get it twisted, Iris.

Look, the whole basis of the policy

is the best interest of the child.

DOUG: Especially if the mother

of that child is Indigenous or Black.

- Hmm. - Look, we can,

run this over till the cows come home, but,

it sounds like you guys are on a clock.

We are.

We'll have the safety plan in this afternoon.

Ronnie does not want her niece's child

spending a day in the system.

- Thank you, Ona. - Yeah.

- See ya. - Okay.

PERCY: Look, our legal aid system is a mess,

underfunded, overworked, inefficient.

It is supposed to be about increasing access to justice,

and that shouldn't just mean family,

- and criminal. - No.

Come on, we do more than that.

I got you, I do, but,

I'm talking civil litigation,

wills and estates.

If I'm elected new chair of the HLA board,

I will bring everyone under one roof.

We're wasting money with leases across the city.

Also...

We only need one "Colleen",

managing everyone,

instead of being top heavy with

administrative salaries.

And that savings will go to fund more lawyers,

who will earn more than just a living wage.

Hive mind.

What about negotiating with government?

You can't throw a press conference

every time you get in a spat.

The house, needs to be cleaned.

I can't do that if I'm locked outside.

Stand next to me, Colleen.

The two of us

working together can usher in

an entirely new era

in Halifax Legal Aid.

Let's keep talking.

Tell me that's a yes.

We investigated the incident

between Nina and Ms. MacAskill,

but, as it was really a she said/she said,

we just decided moving Nina

would be best for everyone.

BETHANY: But then COVID hit,

and the accused ended up back

on the late Mona MacAskill's team?

Yes.

BETHANY: When did Mona MacAskill

first exhibit symptoms of COVID-19?

Objection, relevance?

Your Honour, the defence is arguing

that the complainant attacked the accused,

because she gave her mother COVID-19.

They've made this relevant.

Go ahead, Ms. Mayle.

Objection overruled.

Do you need me to repeat the question?

According to our records,

she started exhibiting symptoms April 21st.

BETHANY: And was the accused part of her team?

CATHY: Yes, but,

she'd only just returned to work days earlier.

Nina was off for two weeks.

- Vacation. - BETHANY: She took a vacation?

At the height of the pandemic?

Nina said her husband had to go out of town

for a family emergency.

How long before the outbreak

had the accused returned to work?

Objection!

Ms. Mayle is attempting to link

the outbreak to my client.

I'm as dismayed as you are, Ms. Diggs.

We're gonna take fifteen.

Sheriff, please excuse the jury.

SHERIFF: All rise.

I want a mistrial.

Every time Ms. Mayle mentions

COVID in connection to my client,

the Jury looks at her like she's a murderer.

She's deliberately feeding them information

that's completely

- false. - False?

Every news outlet in the country

has reported on the outbreak at Oakland Park,

and several of them mention your client

as the source of the outbreak.

Ms. Mayle, I'm astonished,

that you would engage in this line of questioning.

The outbreak at Oakland Park is irrelevant.

This is behaviour I might expect to see

from a prosecutor with zero experience.

I want a mistrial, your Honour.

I don't see how my client

can get a fair trial going forward?

You're not getting a mistrial, Ms. Diggs.

The Jury will be given

specific instructions regarding

the comments made by Ms. Mayle.

Bring the jury back.

They just get to do this

without even telling us?

I'm so sick of these people and their damn traps.

They just get to take my baby?

We can get around this.

RONNIE: You keep saying that.

But history keeps repeating, don't it?

[IVY CRYING]

Ivy, Ronnie...

Doug and I, we're gonna file a safety plan,

where Ronnie is your baby's guardian.

You get to choose who takes care of your baby.

Social Services won't be able to take your child.

Doug and I, we won't let that happen.

DOUG: Iris is right.

We'll settle this.

Dr. Jones,

can you state your occupation for the record?

I'm the Chief Physician for Oakland Group,

the owner of Oakland Park,

the long term care home where the

defendant worked.

BETHANY: Can you describe

the COVID protocols that Oakland Group

put in place for their facilities?

The COVID protocols I put in place, uh,

across the Oakland suite of homes,

were based in the science available at the time.

PPE, facial shields, masks,

increased ventilation, distancing.

Unfortunately, with the staff coming and going,

it proved impossible to keep the "hotspotters"

from bringing COVID into our facility.

Can you clarify for the jury what you mean by "hotspotter"?

Ah, we have a lot of CCAs,

janitorial staff, cafeteria workers, who

live in or have connections,

to family living in COVID hotspots,

like the Preston area,

"Hotspotters".

BETHANY: So you believe

that one of the support staff

is responsible for the outbreak?

Objection.

Speculation.

BETHANY: I have no further questions.

MARCIE: Let's talk about this report

from Oakland Group's human resources department.

Would you mind reading

the highlighted portion to the court?

Ah, it says 35%

of Oakland Group's employees work

across the various facilities.

MARCIE: And how many employees work at

the North End Halifax facility?

Thirty, give or take.

MARCIE: And your Clayton Park facility?

Thirty-six, I believe.

And your Bedford facility?

Fifty-four.

According to my quick math that's 120 people.

And according to your own human resources report,

thirty-five percent of those people,

so forty-two staff,

are coming in and out

of the various facilities

in the midst of a pandemic.

And these numbers include

doctors and nurses?

Yes.

MARCIE: And do these doctors and nurses

work at other hospitals

or other long term care facilities?

Some of them, yes.

MARCIE: So isn't it true,

you have no idea,

what the source of the outbreak

might've been at the North End facility?

- Objection, your Honour. - JUDGE KILCOYNE: We'll continue.

Sit down, Ms. Mayle.

We acted in accordance with the protocols,

set by the government at the time.

Right, so the bare minimum.

Are you currently being sued,

by Ms. MacAskill,

for negligence in connection

with the death of her mother?

BETHANY: Objection, your Honour.

Where is Ms. Diggs getting this from?

Did you insinuate, to Ms. MacAskill,

during your settlement discussions,

that my client

exposed her mother

- to COVID-19? - Your Honour,

Orlando Beam,

counsel for Oakland Park,

and, I've instructed Dr. Jones

that conversations between the group

and Ms. MacAskill, are privileged communication.

I'm sorry, who are you again?

Orlando Bloom?

Orlando Beam.

Okay.

Members of the jury, I apologize for

the workout today, but,

Ms. Diggs, Ms. Mayle, Mr. Beam and I

will need to have a private conversation.

[TENSE DRAMATIC MUSIC]

ORLANDO: I cannot allow Dr. Jones

to answer questions,

related to ongoing litigation.

Your Honour, if I'm not allowed to conduct

a full cross examination

of the evidence that Dr. Jones provided then I can't...

BETHANY: Ms. Diggs is attempting to establish some proximity...

MARCIE: I don't have to attempt.

Ms. MacAskill met with Dr. Jones and Mr. Beam,

immediately prior to confronting my client at her home,

with her small children.

Something happened, at that meeting,

that set her off in my client's direction.

Unfortunately,

that's information Dr. Jones will be unable to share.

JUDGE KILCOYNE: Ms. Diggs, the court acknowledges

solicitor-client privilege...

MARCIE: With respect your Honour,

Mr. Beam has no standing in this proceeding.

Dr. Jones will not answer any questions

related to the ongoing litigation

between Oakland Park,

- and Ms. MacAskill. - MARCIE: Your Honour,

your ruling interferes with my ability

to defend my client...

JUDGE KILCOYNE: Enough!

Move along to your next witness.

Sheriff,

bring the jury back please.

That coffee smells incredible.

You didn't get that from around here, did you?

I know a guy.

You want one? It's high protein.

Oh, for sure.

[PHONE RINGING]

Ona's calling.

- Hey. - Hey, baby.

Bad news.

The safety plan you filed, we can't approve it.

Ronnie Maloney has been deemed unfit.

What?

Hang on.

Doug's here, I'm gonna put you on speaker.

Okay, go ahead.

- Hey Ona. - ONA: Hey Doug. [SIGHS]

So, like I was telling Iris,

they're not able to approve the safety plan.

Ronnie's criminal record disqualifies her.

Ona, we're talking a couple of

resisting and public disturbance convictions,

from over twelve years ago,

back when her partner was struggling with alcohol.

He's been clean eleven years.

They don't even live in the same house.

I'm just the messenger, Doug.

Let me know if I can help with anything else, okay?

I'll talk to you soon.

Dammit!

You're gonna challenge this, right?

It's a long shot.

At this point, I'll probably wait till the baby's born, but,

I got to try and help these guys.

And what about what Colleen said?

She didn't approve court time for this.

I won't tell if you won't.

JOYCE: I've got some good news, I hope.

I've decided to step up,

and put my hat into the ring, for position of Chair.

Awesome.

I know you're really gonna help

transform how legal aid operates.

Definitely.

The first thing I want to look at,

is turning the indigenous offices into regional offices.

That way everyone has greater access to our services.

And docketing,

I want to eliminate docketing.

It makes our lawyers too focused on time management

when they should be thinking of the clients.

I hope I can rely on your support.

You got it, yeah.

EARL: Finish up, girls, we gotta get moving.

[GENTLE MUSIC]

♪ ♪

I hope this is still okay.

- Lot going on. - Yeah.

Earl got an industrial mechanical job in Quebec.

He's leaving tomorrow morning.

So the girls need to be settled.

- I hate this. - NINA: It'll be better for the girls.

They won't have to see people

coming at their momma every day.

Besides,

they love hanging in the country with Aunt Glennie,

Uncle Alvin.

Come on, girls.

[TENSE MUSIC]

♪ ♪

I was hoping we could skate through this,

without addressing

the question of your COVID status.

That lawyer's not making it easy for you, is she?

No, she's not.

She keeps hammering it in front of the Jury,

- and... - The other day,

two kids, at my daughter's school,

told them their mother was poison.

Poison, Marcie.

I'm being crucified,

based on a lie.

Another day,

another death threat.

What do you think they'll do with my truth?

Honestly, Nina,

I don't think we have a chance without it.

DOUG: The fact that my client was disqualified

as a guardian of her niece's child

due to minor summary convictions from

over twelve years ago

exposes the flaws at the heart of the Birth Alert system.

NELSON: Your Honour,

the best interest of the child is our guiding principle...

Best interest of the child?

Best interest of the child has become

a tool for governments to steal

Indigenous kids from their parents,

from their communities,

and place them in a system that for many becomes

inescapable.

I'd argue that this policy,

is just an extension of

what happened at residential schools

and the '60s scoop.

Policies that have, and will continue to lead,

to the extermination of our culture.

That's a bit dramatic.

You don't believe birth alerts have saved lives?

There's no oversight, your Honour,

no transparency and...

JUDGE DEWEY: That's not what I asked you.

Answer my question, Mr. Paul.

Yes, they do save lives,

but they also ruin families,

stigmatize communities,

and they perpetuate a cycle of poverty and dysfunction.

JUDGE DEWEY: The court acknowledges your agreement

that birth alerts save lives.

Don't bring politics into my courtroom.

You want to give a sociology lesson?

We've got a lot of universities.

I was just arguing my case, your Honour.

Then argue the law.

In that regard,

this court has no authority,

to take any action until after

young Ms. Maloney's child is born.

Your client,

the elder Maloney,

will be able to apply for guardianship,

thirty days following the child's birth.

Mr. Paul, it is galling.

You knew this would be the outcome, but still,

you decided to waste the courts,

and Mr. Biden's time.

We're adjourned.

[TENSE DRAMATIC MUSIC SWELLS]

Auntie, do they get to take my son?

DOUG: We're gonna keep fighting.

RONNIE: You don't get it.

You grew up on reserve,

had the privilege of community.

Ivy didn't have that.

Her mother didn't. I didn't.

This isn't over.

We have options.

This whole system's set up

'cause of White people's need to control us,

treat us like children.

We're not children, Doug.

We don't need,

nor will I let, their courts

tell us who gets to raise our kids.

I'm done waiting for them to give us a fair deal.

What does that mean?

You're a good man,

wo'gumal.

She was angry.

MARCIE: And how did you feel?

NINA: I was scared.

I just wanted to get out of there.

Did she have a,

a weapon?

NINA: I thought she had a rock in her hand,

at first.

She nearly shattered the driver's side window of my car.

But now I know it was just car keys.

And then what happened?

She started yelling.

"You bitch."

"You f-ing bitch."

"My mother's dead because of you,"

"I'm gonna kill you."

MARCIE: What did you do?

I opened my window.

Just a little.

I asked her to move.

I told her I was taking my girls to school.

They were so freaked out.

But she...

She seemed not in control.

I just needed to get out of there

so I put my truck,

in reverse.

Did you intend for your vehicle

to make contact with Ms. MacAskill?

NINA: No.

MARCIE: Did you know that you hit her?

Not until I looked out the window

and saw her lying on the ground.

And when you realized, what did you do?

I ran inside with my girls.

I was scared.

MARCIE: Did you know why

Eilidh MacAskill came after you?

NINA: I didn't at the time,

but now I do.

She believes I gave her mother COVID.

MARCIE: So a great deal has been made

about your COVID status

by Ms. Mayle.

Let's just,

go ahead and clear that up.

You took off work,

from April 5th until April 19th.

Can you tell the court why?

There was an outbreak at my daughter's school.

My husband was on the road.

They needed to self-isolate,

so I stayed home with them.

I asked Cathy Collins,

my supervisor, to use sick days,

but the only way she'd agree

is if I took vacation.

MARCIE: So you did the right thing,

you self-isolated with your daughters for 14 days.

The responsible thing.

And did your daughters

end up having COVID?

No. Thank God.

MARCIE: How do you know?

Well ain't nobody got sick.

MARCIE: Have you ever had a COVID test?

Yes.

MARCIE: When was that test,

and what were the results?

I took the test on April 25th.

After I returned to work.

I was positive.

MARCIE: So let's review the timeline.

On April 20th,

you returned to work,

after self-isolating with your daughters,

for 14 days.

And then on April 21st,

Mona MacAskill

started exhibiting COVID symptoms,

less than 48 hours.

Could you read the highlighted section of

Exhibit D-28?

This is a CDC report regarding the transmission of COVID.

NINA: "Symptoms may appear"

"two to fourteen days"

"after exposure"

- "to the virus". - MARCIE: Thank you.

Less than two days.

And yet the complainant

believes that you gave her mother COVID-19?

No.

I was infected by her.

EILIDH: You're a liar!

- [SPECTATORS GASP] - She's lying!

Tell them she's lying!

She gave my mother COVID!

- Tell them! - JUDGE KILCOYNE: Sheriff,

get Ms. MacAskill out of my courtroom.

- [TENSE DRAMATIC MUSIC] - She's lying!

[TENSE DRAMATIC MUSIC]

I have no further questions.

Did you tell your employer

that you tested positive for COVID-19?

- No, I... - BETHANY: Weren't you concerned

that you may have infected,

your co-workers? Other patients?

- I called in sick. - BETHANY: Right.

You'd just returned to work

after being off for two weeks

and then you tested positive,

and you just fled.

I didn't mean to, I was scared.

BETHANY: Scared?

NINA: COVID was making everybody crazy.

The numbers were going up...

And up...

And people were dying.

Telling someone you had COVID was like

walking around with a mark on ya.

You felt like you did something wrong,

like you were bad,

some kind of criminal.

I was ashamed.

BETHANY: Were you ashamed,

or selfish?

You just cared about what people would say about you.

- No. - BETHANY: You didn't care,

you'd exposed your co-workers to COVID.

You didn't care you may have infected other patients

- at Oakland Park. - I did.

BETHANY: Just like you didn't care

when you hit Ms. MacAskill with your vehicle.

I wasn't trying to hurt her.

I wasn't trying to hurt anyone.

BETHANY: But you did,

- didn't ya? - Objection!

I'm done with the accused, your Honour.

[TENSE DRAMATIC MUSIC]

In the time it takes that man to make a sandwich,

I could have been to Halifax and back.

I wish you and Dad would stop acting so foolish.

So now you're taking his side?

Mom, no sides,

we just don't want our parents divorcing.

Ain't about what you want, is it?

Come on, there ain't no talking to you.

Whatever you do, just...

Be nice.

[PHONE RINGING]

EMILY: Oh that's Avery.

- Avery! Avery. - Oh...

Smile on her face says it all.

Hey, what time is it there?

Um, well it's late, but, uh,

I wanted you to see this view.

Definitely makes being sober easier.

- MARCIE: Wow. - [GIGGLING]

Emily and Mom are here,

I should, uh, I should go.

AVERY: They're teasing you, aren't they?

- Yes. - [AVERY LAUGHS]

I'll see you soon.

AVERY: You be good.

[IN FUNNY VOICE] No, "I love you"?

- Te quiero mucho, papi. - Oh my God.

So, when's your man coming back?

MARCIE: What man?

I don't have a man, we're just friends.

- Mmm. - Ohhh...

- Okay. - Hello friend!

[GIGGLING]

But ethically, doesn't it bother you?

I mean, you show up to the hospital,

and take someone's kid.

ONA: I don't see it that way.

Whenever I've had to enforce a birth alert,

I make sure the mom understands what's happening

and she's got time to make a safety plan.

I don't want these kids in the system.

Yeah, but even that.

Why is it the luck of the draw?

And we still don't even know why there's

a birth alert on Ivy's file.

The system needs to change,

you'll get no argument from me.

Now, tell me,

what is going on with you and that...

Gentle giant of a man?

What, I'd love to have those

big old arms wrapped around me for a night.

It's not like that.

Doug is...

You know how I grew up.

We moved around a lot.

It was never stable, I never felt...

Safe.

And I feel safe with Doug.

And you're not sleeping with him?

- [CHOKING] - [ONA LAUGHS]

No!

He's not my type.

He's right up my alley.

- Good for you. - Mmhmm.

♪ Stop breaking the law ♪

♪ Bring it back to you all ♪

[BOAT HORN HONKING]

DOUG: I think we need to have

all our ducks in a row, for the permanent care hearing

- once Ivy's son is born. - COLLEEN: Judge Dewey's

- Clerk called. - Colleen.

I specifically told you I didn't want you

in court on this file.

- Listen I'm... - COLLEEN: You're testing me, Doug.

Pam tested me. Do I have to fire you too?

The case got complicated.

I'm not just gonna abandon this family.

It's always complicated, Doug.

That's my point.

Every case, every file.

When is it ever simple?

Everybody needs more, and we don't have it.

So we're just letting people fall off the table?

- Is that what we're doing? - Oh, you drive me, Doug.

Look...

Tell your client to find another lawyer.

RONNIE'S VOICEMAIL: Hey, it's Ronnie.

Leave a message. I'll holla back.

Ronnie...

It's Doug Paul, call me back.

We are leaving behind,

the very folks this system was intended to protect.

The system has been crippled by special interests.

The only consideration should be need.

Our clients are stigmatized

by the fact that our range of services are so limited.

Employment law...

Wills...

Civil litigation,

why not provide these services?

Why are we picking and choosing?

We are not a private law firm.

We need to abolish docketing.

And I would suggest a wage freeze,

until we can complete an internal review.

We need to hold the government's feet to the fire.

Legal Aid has been underfunded

for the last twenty years.

It is time for the government to recommit,

and reinvest in Legal Aid.

We do not have a future without it.

Without these steps,

we do not have a viable path forward.

MARCIE: Ms. MacAskill,

why were you at Oakland Park,

on the day of the incident between you and my client?

I had a meeting scheduled with Dr. Jones.

And what was your state of mind coming out of that meeting?

ORLANDO: Your Honour,

I must remind the court the meeting was privileged.

MARCIE: Your Honour, I'm not asking

about the subject matter of the meeting.

JUDGE KILCOYNE: Mr. Beam, your privilege is with Dr. Jones,

who's an employee of Oakland Group.

Ms. MacAskill can answer Ms. Digg's questions.

MARCIE: What was your state of mind

coming out of that meeting?

I was angry.

I had asked about the people who'd

been in contact with my mother

and they kept giving me the run around.

I asked about the accused,

they said she'd quit out of the blue.

So I asked why.

They said they didn't know.

I asked if she tested positive for COVID.

They couldn't even look at me,

went on about privacy.

My mother was dead and they were still protecting her.

And so...

You confronted my client at her home?

Yea...

I wanted her to take responsibility.

MARCIE: And you were angry...

Riled up.

EILIDH: I'd just seen my mother that Sunday.

She was gone that fast.

I didn't even get to hold her.

And no one's responsible.

No one's accountable.

Someone gave my mom COVID.

No one will take responsibility.

Not them, not Nina.

Someone did this.

Someone killed my mother.

Someone is responsible.

MARCIE: Yes, Eilidh.

But it's pretty clear,

given yesterday's testimony,

that there is no way,

my client gave your mother COVID.

That's not true.

[CRYING] You're right.

I'm sorry. I'm sorry.

You're right.

I'm so sorry, Nina.

BETHANY: Your Honour,

in light of Ms. MacAskill's testimony,

the Crown is willing to enter a stay of proceedings,

against the defendant.

What does that mean?

JUDGE KILCOYNE: Ms. Diggs, I take it you don't object?

[TENSE DRAMATIC MUSIC]

I strenuously object, your Honour.

[TENSE MUSIC SWELLS]

MARCIE: Your Honour,

my client's been maligned in the media.

Her life's been harmed,

perhaps irreparably,

by this court proceeding.

Ms. Mayle's offer to

stay the charge does nothing

to begin repairing the damage

to my client's reputation.

Is there an ask, Ms. Diggs?

MARCIE: The public understands

the meaning of a not guilty verdict,

your Honour.

I'd ask the Crown,

to direct the Jury,

to enter a not guilty verdict against my client.

Ms. Mayle?

Your Honour, the Crown does not oppose.

Ms. Digg's request,

on behalf of the accused.

MARCIE: We thank the Crown for your position on that,

and we concur.

JUDGE KILCOYNE: While the court takes no opinion on this, but,

given the unanimity of counsel,

we would ask the Jury to return with that verdict.

[GENTLE MUSIC]

We find the defendant,

Nina Francis,

- not guilty. - [CROWD SIGHING]

[GENTLE MUSIC]

MARCIE: This is over.

JUDGE KILCOYNE: Members of the jury,

we thank you for your service in this matter.

Nina,

the court wishes nothing but

rest and restoration for you

and your family moving forward.

We did it.

JUDGE KILCOYNE: Court is adjourned.

Hey.

What are you doing here?

I, uh,

thought I'd get a little head start setting up an office.

An office here?

Yeah.

Oh, I thought you knew Colleen.

I'm not Gregor.

You are going to be seeing a lot of me,

more than you want to.

I like to get my hands dirty.

- Okay. - Ah, first things first,

we need to talk about getting the lawyers

to increase their weekly billings.

Oh, we're already working way beyond capacity.

Ooh, easy now.

There is a method,

to the madness.

We can agree that the system is on the verge of breaking.

Well no one will pay attention until we break it.

Then we build it better.

[AMBER ALERT BUZZING]

[AMBER ALERT BUZZING]

[SOFT DRAMATIC MUSIC]

♪ ♪

Is this what do you really want?

It's just not working.

[AMBER ALERT BUZZING]

Police are looking for an Indigenous woman,

travelling with a newborn,

driving a late model Honda Civic.

Residents are advised to contact police

if they have any information regarding this case.

- [AMBER ALERT BUZZING] - [SOFT DRAMATIC MUSIC]

[SOFT RHYTHMIC MUSIC]

♪ ♪

♪ Some day, say you'll miss me too

♪ We're out in your world

♪ There is no look as good as you

♪ The sun sets ♪

♪ But baby you're the rule ♪

♪ It don't matter the place ♪

♪ I'll keep finding my way to you

♪ I crossed all the oceans ♪

[BOTH LAUGHING]

♪ Lost all my fortune ♪

♪ For you ♪

♪ Spent all my time ♪

♪ and my very last dime ♪

♪ I crossed all the oceans ♪

♪ For you ♪

♪ Got my mind on my money ♪

♪ And my money on my baby ♪

♪ For you ♪

♪ My money on my baby ♪

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