No trial for Saskatoon woman accused in Ottawa woman's nightclub death

A Saskatoon woman accused of manslaughter in the death of another woman at a Saskatoon nightclub last fall has had her charge stayed.

Paige Theriault-Fisher was charged in the death of 23-year-old Hodan Hashi at Lit Nightclub in early November.

Sharon Fox, the defence lawyer for Theriault-Fisher, said a stay of proceedings was filed by the Crown and endorsed by the court on Tuesday morning.

Charges can be stayed by the Crown if they decide it’s better to halt the trial. The prosecutor can always resume legal proceedings within a year. The judge has no say in a stay of proceedings by the Crown.

A spokesperson from the Justice Ministry offered an emailed statement explaining the Crown came to the conclusion the death was accidental. They say the video evidence corroborated witness accounts of a "mutual fight" between the two women.

“During the fight, the two women went to the ground and, tragically, Hodan Hashi was cut by a broken glass lying on the floor. Based on the evidence, that cut was the fatal injury that caused Ms. Hashi’s death,” the statement said.

“After careful consideration, Public Prosecutions has concluded that the fatal injury resulted from an accident; there is no reasonable likelihood of conviction for the charge of manslaughter or any other criminal charge.”

Theriault-Fisher’s lawyer says she agrees with the Crown’s conclusion.

“The decision to enter a stay of proceedings in a tragedy such as this is not made lightly,” Fox told CTV News in an emailed statement.

“I can say unreservedly that this was the correct decision from both a legal and public policy perspective and we extend our highest regards to the Crown prosecutor and their office for the difficult decision in this matter.”

Theriault-Fisher was charged after police responded to reports of a woman who was seriously injured around 2:40 a.m. on Nov. 5.

Officers and paramedics tried to save her life, but she was pronounced dead at the scene, according to police.

After the incident, a video of the nightclub altercation circulated online.

Theriault-Fisher was originally charged with second-degree murder, but the charge was downgraded to manslaughter.

“This was a tragic situation for all involved – one which has inexorably altered the course of the Hashi and Theriault-Fisher families,” said Fox.

“Our client has maintained that this was an act of self-defence and she never intended for any harm to come to Ms. Hashi. It is not lost on Ms. Theriault-Fisher that the Hashi family has lost a daughter, sister, cousin, and friend and we extend our heartfelt condolences to the Hashi family. We wish them well in their journey towards finding peace and healing.”

The two women were known to each other, police said.

Paige Theriault-Fisher was released on $5,000 bail with conditions on Nov. 9. Her conditions forbade alcohol and drug consumption.

"Not one charge. She is walking away a free woman while my sister is buried six feet. Not a murder charge, not a manslaughter charge, not even an aggravated assault charge, not one thing. This is the value of Black life in Canada," Fartun Hashi tweeted.

The prosecutor’s office said it is aware the conclusion comes as a disappointment for many.

“The decision not to move forward with criminal proceedings in this situation does not lessen the tragedy or seriousness of what has occurred,” the statement said.

In early March, Hashi's family launched a civil lawsuit claiming general damages from Theriault-Fisher in excess of $1 million, plus an additional $60,000 for the distress Hashi's death has caused her loved ones.

The claim filed by Saskatoon lawyer Nicholas Stooshinoff on behalf of Hashi's family also names CYFJ Holdings, the owners of the nightclub where Hashi died, and individuals involved with the event she was attending.

--This is a breaking news story. More details to come.