Alberta sends letter of apology to former medical examiner

The Alberta government has issued a letter of apology to a former assistant chief medical examiner, with the province saying no miscarriages of justice resulted from his work and he was "treated unfairly." 

The apology comes more than a decade after Dr. Evan Matshes launched a $30-million lawsuit against the province, arguing he'd been the subject of a smear campaign intended to cause him reputational harm and ruin his career.

Matshes worked as Alberta's assistant chief medical examiner in Calgary in 2010 and 2011.

"Dr. Matshes was treated unfairly in the events of these matters and the government of Alberta regrets the harm done to the reputation of Dr. Matshes," said the letter from the provincial justice ministry dated Feb 14.  

"The government of Alberta unequivocally states that the allegations that Dr. Matshes's work as a medical examiner was unreasonable were unfounded and are retracted. There have been no miscarriages of justice in connection with Dr. Matshes's work."

Matshes resigned in 2011. A statement issued this month on his behalf said he resigned in protest of conditions at the Office of the Chief Medical Examiner. 

The province said in its letter of apology that following his resignation, "certain allegations" were made regarding his work. It said those allegations were later proven to be unfounded. Yet, the controversy "has unfairly caused harm to the career and reputation of Dr. Matshes."

"Those allegations, which were later proven to have been unfounded, became the subject of public, political and legal controversy," reads the letter, attributed to Elizabeth Macve, assistant deputy minister of strategy, support and integrated initiatives. 

"That controversy has unfairly caused harm to the career and reputation of Dr. Matshes."

The province said a number of internal and external reviews of Matshes's work and complaints, including those done by the College of Physicians and Surgeons of Alberta, "dismissed the allegations or confirmed that there have been no miscarriages of justice."

In a statement, Matshes wrote that he was "grateful that Alberta Justice has finally acknowledged that I was unfairly targeted and that the quality of my work is beyond reproach."

"As a forensic pathologist, my duty is to ensure that the justice system and the public have reliable medical evidence, and defensible opinions. The retraction and apology from Alberta Justice speak volumes to me about setting the record straight," Matshes wrote.

In 2012, an external panel of three forensic pathologists conducted a review of some of Matshes's work. It claimed his findings in 13 of 14 cases were "unreasonable."

But those findings were quashed after an Alberta Court of Queen's Bench justice ruled that the panel review wasn't fair to Matshes and that he hadn't been properly consulted. 

Two years later, Matshes sued the province, alleging that several individuals had launched a smear campaign against him to destroy his reputation and career.

Subsequent reviews of the matter, including one led by a retired justice of the Superior Court of Ontario, dismissed the allegations, as noted in the province's apology letter.

Matshes and the province reached a confidential agreement, but did not publicly disclose a settlement. A spokesperson with Alberta Justice declined to comment on the agreement, as did a spokesperson for Matshes, citing its confidential nature.

Separately, Matshes is also suing CBC News for a two-part story on The Fifth Estate television program, entitled The Autopsy: What If Justice Got It Wrong, which aired in January 2020. The lawsuit, filed in January 2022, alleged "reckless, irresponsible, and deliberate" defamation of Matshes.

CBC News requested comment on the suit from CBC head of public affairs Chuck Thompson.

"While we don't comment on matters before the courts, we stand by our journalism in this story," Thompson said in an email.

A spokesperson for Matshes said he was continuing to "aggressively pursue his litigation against The Fifth Estate."

Matshes now works in the United States as medical director at an independent agency providing forensic pathology services.

The province said he would be eligible for employment as a forensic pathologist in Alberta if he should choose to seek such employment.