Nova Scotia

Death at nursing home ruled a homicide, but no charges will be laid

The woman who pushed Gordon Birchell, 79, at a Beaver Bank, N.S., continuing care facility will not be charged due to cognitive impairment, police say.

Gordon Birchell, 79, died in October 2016 after he was pushed by a fellow resident

Joan Birchell holds a snapshot of her late husband Gordon Birchell, at her home in Windsor Junction, N.S. on Thursday. (Andrew Vaughan/The Canadian Press)

A 79-year-old man's death at a Beaver Bank, N.S., continuing care facility has been ruled a homicide, police say. 

Police were called to the Ivy Meadows nursing home on Oct. 26, 2016, after the man was found on the floor with a head injury after being pushed by a female resident. He died three days later. 

Joan Birchell told the Canadian Press late last year she was told by a staff member that her husband, Gordon, was pushed by a woman with severe dementia. 

RCMP worked with the medical examiner to determine the cause of death and jointly ruled it a homicide, said spokesperson Cpl. Jennifer Clarke.

The woman who pushed the man will not be charged. 

"In consultation with the public prosecution service of Nova Scotia, we determined no charges will be laid in relation to the death based on the cognitive impairment of the suspect," Clarke said. 

A history of pushing

Joan Birchell said last year that her husband, who had an earlier stage of dementia, had been pushed by the same person on repeat occasions, including one occasion when she was present.

"The people who work there were told that ... if she comes after him, you're supposed to stop her from going near him," she told The Canadian Press in December. 

With files from The Canadian Press and Jerri Southcott