UNB faces class-action lawsuit for 'systemic failure' to protect students from alleged sexual assault
Psychiatrist at student health centre run by Horizon is accused of inappropriate sexual touching
Psychiatrist Dr. Manoj Bhargava was working part time at the University of New Brunswick's Student Health Centre and is named alongside the university in the class-action application. (Maria Jose Burgos/CBC)
A Fredericton law firm has filed a class-action application against the University of New Brunswick after multiple students said a psychiatrist at the student health centre sexually assaulted them.
Dr. Manoj Bhargava, who worked part time at the Student Health Centre at UNB, was suspended by the College of Physicians and Surgeons last year after the college received several misconduct complaints against him.
Since the suspension in November, the college has received a total of 18 sexual assault complaints against Bhargava from individual patients, most of them students, according to college registrar Dr. Ed Schollenberg.
Bhargava and UNB were both named in the class-action lawsuit application filed Monday by the plaintiff Morgan Jean Wilcox.
Erika Hachey, injury and insurance law partner at Moss Hachey Law, said the application is filed against Bhargava for sexual assault of various students who attended UNB, and against UNB "for the systemic failures to protect their students from Dr. Bhargava and his behaviour."
She called the victims a "particularly vulnerable group of students."
Fredericton psychiatrist Dr. Manoj Bhargava was suspended by the College of Physicians and Surgeons in November 2020 and is named in a class-action lawsuit against him and the University of New Brunswick. (Facebook)
She said her firm decided to spearhead the class-action suit after Wilcox contacted them and asked to be the representative of the suit.
"She was a very recent victim of Dr. Bhargava at the Student Health Centre and speaking with her, she was very adamant she wanted to start a class action on behalf of all of the students that were affected by this," Hachey said.
The statement of claim alleges Bhargava prescribed medication he said would affect the patient's heart rate and blood pressure. Then he would frequently ask her to remove articles of underwear and clothing so he could take her blood pressure and heart rate and used "non-consensual sexual contact" to do so.
Hachey said the alleged sexual abuse was reported to UNB various times, but the details of when and how have not been outlined in the statement of claim.
Schollenberg said the complaints the college received contain almost identical allegations, where patients describe Bhargava asking them to remove under garments and then touching their breasts while checking their heartbeats or taking their blood pressure.
"More or less, slight variations, but generally all are pretty much the same thing," he said.
The allegations have not been proven in court, and a date is yet to be set to hear the case. UNB has not yet filed a statement of defence.
Hachey said that once a statement of defence is filed, the court can have a certification hearing. Only if the case has been certified can it proceed as a class-action suit.
Referring complaints to police
Schollenberg said the college involved the police recently, after suspending Bhargava.
"It became apparent that there may be more to this," he said.
He said the college asked some of the 18 complainants if they were interested in speaking to the police and passed on their information to the Fredericton Police Force if they said yes.
Alycia Bartlette, spokesperson for the Fredericton Police Force, would not confirm whether the police are investigating Bhargava.
"In general, we would not confirm whether a specific individual was the subject of a police investigation until such time as charges are laid in court, or there are operational reasons otherwise," she said in an email.
One complainant on the record
Hachey said Wilcox is the only person whose allegations are detailed in the statement of claim, but the class action has been filed on behalf of everyone who's experienced sexual assault by Bhargava. She said the firm is still trying to contact people affected.
"We have currently our representative plaintiff, but that's all you need to start a class action," she said.
Hachey said the plaintiff is "looking for action be taken on behalf of the students who had this happen to them and … for UNB to recognize the failures of the Dr. Bhargava and of themselves that led to the sexual assault of all these students."
Hachey said the timeline has not been outlined yet.
CBC did not get a response from UNB or Bhargava by publication time.
ABOUT THE AUTHOR
https://www.cbc.ca/news/canada/new-brunswick/fredericton-psychiatrist-suspended-1.5805126
Fredericton psychiatrist suspended by College of Physicians and Surgeons
Five complaints sent to college about Manoj Bhargava's conduct with patients
A Fredericton psychiatrist was suspended by the College of Physicians and Surgeons on Tuesday after the college received several complaints about him that alleged misconduct toward patients.
Dr. Manoj Bhargava works at Fredericton Addiction and Mental Health, which is part of Horizon Health, and part time at the Student Health Centre at the University of New Brunswick.
Alison Larade began seeing Bhargava as a first-year student at St. Thomas University.
"It definitely was very traumatizing," she said Tuesday.
Allegations that Bhargava has mistreated patients at the Student Health Centre were shared on Instagram and Facebook late last week.
Alison Larade began seeing Bhargava as a first-year student. (Alison Larade)
After seeing an anonymous post on the Instagram account @accountabilityatunb Larade decided to share her own story.
"It was very emotional and I came to the conclusion that I wanted to speak out," she said.
Larade said that among other things, the psychiatrist performed physical exams and ask her to remove her bra while he used a stethoscope, saying it could interfere with the results. He said he then groped her breasts. Looking back, she felt she had been "groomed" to accept the behaviour.
Dr. Ed Schollenberg, registrar with the College of Physicians and Surgeons, said that since Thursday the college has received five complaints about Bhargava.
"It looks like this is a more widespread problem than you would see if you had just one complaint. ... Some of these are people who are no longer at UNB, they've moved on and they've heard about this and they're sending their concerns in.
"It's a little troubling in terms of potential magnitude."
Schollenberg said the complaints all describe alleged "improper touching."
"It also seems he was examining everybody in the same way, or at least all the patients we heard from were being examined in the same way."
The College of Physicians and Surgeons continues to investigate the allegations.
Bhargava has been working part time at the health centre operated by the University of New Brunswick. (Maria Jose Burgos/CBC)
More allegations are popping up at @accountabilityatunb.
"There are so many of us who went to him in our most vulnerable state seeking help, almost as our last option, to see a psychiatrist, and to get some form of mental health treatment," Larade said. "And to see that he's taken advantage of so many vulnerable people, and it wasn't just me, is completely heartbreaking."
Larade said she's been speaking and connecting with other women who say they had similar experiences with Bhargava.
She said she has made formal complaints to St. Thomas University, where she is still a student, and the University of New Brunswick.
The universities share the health centre, which UNB operates.
"UNB is not doing enough," said Larade. "I've reached out to the president multiple times … asking the president to speak with him and he's refused."
Larade called for more support from the school's administration.
St. Thomas said it has called on UNB to do a formal investigation into the matter on Monday.
Jeffrey Carleton, associate vice-president, said he still hasn't heard back.
"We just want to make sure there's an adequate response in relation to allegations and if it's alleged misconduct that there be a formal investigation done alongside with what the College of Physicians and Surgeons are doing," Carleton said.
In an emailed statement Tuesday afternoon UNB said it is not able to provide details at this time but it is actively working to address concerns. CBC News was told no one from the school was available for an interview.
Larade said she has also made a formal complaint with the police.
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, 13 Apr 2021 09:06:58 -0300
Subject: Re The coverup of the the actions of the Fredericton Police
Force, the RCMP and Manoj Bhargava against me
To: erika.hachey@mosshacheylaw.com, andrew.moss@mosshacheylaw.com
Cc: motomaniac333 <motomaniac333@gmail.com>
Erika R. Hachey
Called to the bar: 2013 (NB)
erika.hachey@mosshacheylaw.com,
Andrew C.W. Moss
Called to the bar: 2015 (NB)
Email: andrew.moss@mosshacheylaw.com
Moss Hachey Law
90 Woodside Lane, Suite 103
Fredericton, New Brunswick E3C 2R9
Phone: 506-449-7544
Fax: 506-300-2072
https://www.cbc.ca/news/canada/new-brunswick/university-of-new-brunswick-sexual-assault-manoj-bhargava-1.5983964
"Referring complaints to police
Schollenberg said the college involved the police recently, after
suspending Bhargava.
"It became apparent that there may be more to this," he said.
He said the college asked some of the 18 complainants if they were
interested in speaking to the police and passed on their information
to the Fredericton Police Force if they said yes.
Fredericton psychiatrist suspended by College of Physicians and Surgeons
Alycia Bartlette, spokesperson for the Fredericton Police Force, would
not confirm whether the police are investigating Bhargava.
"In general, we would not confirm whether a specific individual was
the subject of a police investigation until such time as charges are
laid in court, or there are operational reasons otherwise," she said
in an email."
>>> From: "Ross, Ken (DH/MS)"<ken.ross@gnb.ca>
>>> Date: Wed, 9 Jul 2008 08:43:31 -0300
>>> Subject: Re: Hey Ken Who is Mental Health's and the Hospital in
>>> Fredericton's lawyers?
>>> To: david.raymond.amos@gmail.com
>>>
>>> Got your messages Dave. I am in Toronto for meetings and will be back
>>> in the office Friday. I will ask Barb Whitenect to follow up with you
>>> in the interim. Yes Herby picked up ypur bike a while back.
>>>
>>> Sent from my BlackBerry Wireless Handheld
>>>
>>>
>>> --- On Wed, 7/9/08, David Amos <david.raymond.amos@gmail.com> wrote:
>>>
>>> From: David Amos <david.raymond.amos@gmail.com>
>>> Subject: Hey Ken Who is Mental Health's and the Hospital in
>>> Fredericton's lawyers?
>>> To: ken.ross@gnb.ca, Barbara.Whitenect@gnb.ca, MichaelB.Murphy@gnb.ca
>>> Cc: rosaire.santerre@gnb.ca, Marc.Pitre@gnb.ca, David.Eidt@gnb.ca,
>>> oldmaison@yahoo.com, Judy.Cyr@gnb.ca, t.j.burke@gnb.ca,
>>> police@fredericton.ca, Carrie.Levesque@gnb.ca, anne.elgee@gnb.ca,
>>> danny.copp@fredericton.ca, jacques.boucher@rcmp-grc.gc.ca
>>> Date: Wednesday, July 9, 2008, 3:03 AM
>>>
>>> KENNETH ROSS, Assistant Deputy Minister
>>> Addictions and Mental Health Services / Health
>>> Contact Information
>>> Phone: (506) 457-4800
>>> Fax: (506) 453-5243
>>>
>>> BARBARA WHITENECT, Director
>>> Addictions and Mental Health Services / Health
>>> Contact Information
>>> Phone: (506) 444-4442
>>> Fax: (506) 453-8711
>>> EMail Address: Barbara.Whitenect@gnb.ca
>>>
>>>
>>> Sorry to involve you but lets just say that I am really really pissed
>>> off for very justifiable reasons.
>>>
>>> This should prove to some folks that at least I know how to read.
>>>
>>> http://www.ahsc.health.nb.ca/Programs/MentalHealth/rights.shtml
>>>
>>> I have no doubt whatsoever that you would more pissed than I am if
>>> the malicious bullshit that happened to me last weekend had happened
>>> to you.
>>>
>>> I will try to call you in business hours but I suspect in the end I
>>> will wind up arguing this dude in court in short order. (On a lighter
>>> note did Herby pick up my bike?)
>>>
>>> David Eidt
>>> Legal Services
>>> Office of the Attorney General
>>> Tel: (506) 453-3964
>>> Fax: (506) 453-3275
>>> david.eidt@gnb.ca
>>>
>>> Best Regards
>>> Dave
>>>
>>>
>>> These emails and the bullshit from the news last year should to all
>>> that I am as serious as a heart attack and far from mentally unstabe
>>> but the cops have proven themselves to be monumental liars many times
>>>
>>> Subject:
>>> Date: Tue, 30 Jan 2007 12:02:35 -0400
>>> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
>>> To: motomaniac_02186@yahoo.com
>>>
>>>
>>> January 30, 2007
>>>
>>>
>>> WITHOUT PREJUDICE
>>>
>>> Mr. David Amos
>>>
>>>
>>> Dear Mr. Amos:
>>>
>>> This will acknowledge receipt of a copy of your e-mail of December 29,
>>> 2006 to Corporal Warren McBeath of the RCMP.
>>>
>>> Because of the nature of the allegations made in your message, I have
>>> taken the measure of forwarding a copy to Assistant Commissioner Steve
>>> Graham of the RCMP "J" Division in Fredericton.
>>>
>>> Sincerely,
>>>
>>> Honourable Michael B. Murphy
>>> Minister of Health
>>>
>>> CM/cb
>>>
>>> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>>>
>>> Date: Fri, 29 Dec 2006 17:34:53 -0500
>>> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
>>> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
>>> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
>>> motomaniac_02186@yahoo.com
>>> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,
>>> John.Foran@gnb.ca, Oda.B@parl.gc.ca,
>>> "Bev BUSSON" bev.busson@rcmp-grc.gc.ca,
>>> "Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
>>> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
>>> forgotten me but the crooks within the RCMP have n
>>>
>>> Dear Mr. Amos,
>>>
>>> Thank you for your follow up e-mail to me today. I was on days off over
>>> the holidays and returned to work this evening. Rest assured I was not
>>> ignoring or procrastinating to respond to your concerns.
>>>
>>> As your attachment sent today refers from Premier Graham, our position
>>> is clear on your dead calf issue: Our forensic labs do not process
>>> testing on animals in cases such as yours, they are referred to the
>>> Atlantic Veterinary College in Charlottetown who can provide these
>>> services. If you do not choose to utilize their expertise in this
>>> instance, then that is your decision and nothing more can be done.
>>>
>>> As for your other concerns regarding the US Government, false
>>> imprisonment and Federal Court Dates in the US, etc... it is clear that
>>> Federal authorities are aware of your concerns both in Canada and the
>>> US. These issues do not fall into the purvue of Detachment policing in
>>> Petitcodiac, NB.
>>>
>>> It was indeed an interesting and informative conversation we had on
>>> December 23rd, and I wish you well in all of your future endeavors.
>>>
>>> Sincerely,
>>>
>>> Warren McBeath, Cpl.
>>> GRC Caledonia RCMP
>>> Traffic Services NCO
>>> Ph: (506) 387-2222
>>> Fax: (506) 387-4622
>>> E-mail warren.mcbeath@rcmp-grc.gc.ca
>>>
>>> charles leblanc oldmaison@yahoo.com wrote:
>>>
>>> Where are ya living now???? Since the media seem to ignore ya? I'll
>>> sit down for a debate with a recorder for the blog...Now? Don't get
>>> all exicted and send this all over the world.....lol
>>>
>>> ----- Original Message ----
>>> From: David Amos motomaniac_02186@yahoo.com
>>> To: brad.woodside@fredericton.ca; whalen@fredericton.ca;
>>> david.kelly@fredericton.ca; cathy.maclaggan@fredericton.ca;
>>> stephen.kelly@fredericton.ca; tom.jellinek@fredericton.ca;
>>> scott.mcconaghy@fredericton.ca; marilyn.kerton@fredericton.ca;
>>> walter.brown@fredericton.ca; norah.davidson@fredericton.ca;
>>> mike.obrien@fredericton.ca; bruce.grandy@fredericton.ca;
>>> dan.keenan@fredericton.ca; jeff.mockler@gnb.ca;
>>> mrichard@lawsociety-barreau.nb.ca; cynthia.merlini@dfait-maeci.gc.ca;
>>> jlmockler@mpor.ca; scotta@parl.gc.ca; michael.bray@gnb.ca;
>>> jack.e.mackay@gnb.ca
>>> Cc: news@dailygleaner.com; kcarmichael@bloomberg.net;
>>> oldmaison@yahoo.com; advocacycollective@yahoo.com;
>>> Easter.W@parl.gc.ca; Comartin.J@parl.gc.ca; cityadmin@fredericton.ca;
>>> info@gg.ca; bmosher@mosherchedore.ca; rchedore@mosherchedore.ca;
>>> police@fredericton.ca; chebert@thestar.ca; Stoffer.P@parl.gc.ca;
>>> Stronach.B@parl.gc.ca; Matthews.B@parl.gc.ca; alltrue@nl.rogers.com;
>>> Harper.S@parl.gc.ca; Layton.J@parl.gc.ca; Dryden.K@parl.gc.ca;
>>> Duceppe.G@parl.gc.ca
>>> Sent: Tuesday, May 22, 2007 10:37:04 PM
>>> Subject: I promised one of the Fat Fred City cop Randy Reilly that I
>>> would try to make him famous
>>>
>>> http://www.youtube.com/results?search_query=davidraymondamos&search=Search
>>>
>>> A man is only as good as his word EH? To bad priests, bankers,
>>> politicians, lawyers and cops can't claim the same N'est Pas
>>>
>>> http://actionlyme.org/FBI_WIRETAPE_TAPES.htm
>>>
>>> FEDERAL EXPRESS February 7, 2006
>>>
>>> Senator Arlen Specter
>>> United States Senate
>>> Committee on the Judiciary
>>> 224 Dirksen Senate Office Building
>>> Washington, DC 20510
>>>
>>> Dear Mr. Specter:
>>>
>>> I have been asked to forward the enclosed tapes to you from a man
>>> named, David Amos, a Canadian citizen, in connection with the matters
>>> raised in the attached letter. Mr. Amos has represented to me that
>>> these are illegal FBI wire tap tapes. I believe Mr. Amos has been in
>>> contact with you about this previously.
>>>
>>> Very truly yours,
>>> Barry A. Bachrach
>>> Direct telephone: (508) 926-3403
>>> Direct facsimile: (508) 929-3003
>>> Email: bbachrach@bowditch.com
>>>
>>>
>>>
>>> http://davidamos.blogspot.com/.
>>>
>>> Paulette Delaney-Smith Paulette.Delaney-Smith@rcmp-grc.gc.ca wrote:
>>> David,
>>>
>>> I received your voice mail, I have been transferred to another unit
>>> and I am unaware of who is dealing with your complaints at this time.
>>>
>>> Paulette Delaney-Smith, Cpl.
>>> RCMPolice "J" DIvision HQ
>>>
>>>
>>>
>>> http://gypsy-blog.blogspot.com/2008/03/media-restrains-itself-inexplicably.html
>>>
>>> Threat against Burke taken seriously
>>>
>>> By STEPHEN LLEWELLYN
>>> dgleg@nb.aibn.com
>>> Published Thursday May 24th, 2007
>>> Appeared on page A1
>>> An RCMP security detail has been guarding Justice Minister and
>>> Attorney General T.J. Burke because of threats made against him
>>> recently.
>>>
>>> Burke, the Liberal MLA for Fredericton-Fort Nashwaaksis, wouldn't
>>> explain the nature of the threats.
>>>
>>> "I have had a particular individual or individuals who have made
>>> specific overtures about causing harm towards me," he told reporters
>>> Wednesday.
>>>
>>> "The RCMP has provided security to me recently by accompanying me to a
>>> couple of public functions where the individual is known to reside or
>>> have family members in the area," said Burke. "It is nice to have
>>> some
>>> added protection and that added comfort."
>>>
>>> The RCMP provides protection to the premier and MLAs with its VIP
>>> security
>>> unit.
>>>
>>> Burke didn't say when the threat was made but it's believed to have
>>> been in recent weeks.
>>>
>>> "When a threat is posed to you and it is a credible threat, you have
>>> to be cautious about where you go and who you are around," he said.
>>> "But again, I am more concerned about my family as opposed to my own
>>> personal safety."
>>>
>>> Burke said he doesn't feel any differently and he has not changed his
>>> pattern of activity.
>>>
>>> "It doesn't bother me one bit," he said. "It makes my wife
>>> feel awful nervous."
>>>
>>> Burke served in an elite American military unit before becoming a
>>> lawyer and going into politics in New Brunswick.
>>>
>>> "(I) have taken my own precautions and what I have to do to ensure my
>>> family's safety," he said. "I am a very cautious person in
>>> general due
>>> to my background and training.
>>>
>>> "I am comfortable with defending myself or my family if it ever had to
>>> happen."
>>>
>>> Burke said it is not uncommon for politicians to have security concerns.
>>>
>>> "We do live unfortunately in an age and in a society now where threats
>>> have to be taken pretty seriously," he said.
>>>
>>> Since the terrorism attacks in the United States on Sept. 11, 2001,
>>> security in New Brunswick has been
>>> beefed up.
>>>
>>> Metal detectors were recently installed in the legislature and all
>>> visitors are screened.
>>>
>>> The position of attorney general is often referred to as the
>>> province's "top cop."
>>>
>>> Burke said sometimes people do not differentiate between his role as
>>> the manager of the justice system and the individual who actually
>>> prosecutes them.
>>>
>>> "With the job sometimes comes threats," he said. "I have had
>>> numerous
>>> threats since Day 1 in office."
>>>
>>> Burke said he hopes his First Nations heritage has nothing to do with
>>> it.
>>>
>>> "I think it is more of an issue where people get fixated on a matter
>>> and they believe you are personally responsible for assigning them
>>> their punishment or their sanction," he said.
>>>
>>> Is the threat from someone who was recently incarcerated?
>>>
>>> "I probably shouldn't answer that," he replied.
>>>
>>> Reporters asked when the threat would be over.
>>>
>>> "I don't think a threat ever passes once it has been made," said
>>> Burke. "You have to consider the credibility of the source."
>>>
>>> Bruce Fitch, former justice minister in the Conservative government,
>>> said "every now and again there would be e-mails that were not
>>> complimentary."
>>>
>>> "I did have a meeting with the RCMP who are in charge of the security
>>> of the MLAs and ministers," said Fitch.
>>>
>>> "They look at each and every situation."
>>>
>>> Fitch said he never had bodyguards assigned to him although former
>>> premier Bernard Lord and former health minister Elvy Robichaud did
>>> have extra security staff assigned on occasion.
>>>
>>> He said if any MLA felt threatened, he or she would discuss it with the
>>> RCMP.
>>