The two paramedics who responded to the shooting of Yosif Al-Hasnawi last December are facing criminal charges of failing to provide the necessities of life, according to the president of the union representing them.

Mario Posteraro, president of OPSEU Local 256, said he went with the pair — who have not been named — to the police station Wednesday where they were photographed and fingerprinted, before being released on a promise to appear in court at a later date.

Posteraro, who called the charges against paramedics for on-duty work “unprecedented,” declined to immediately provide the court appearance date.

Yosif Al-Hasnawi’s father, Majed Al-Hasnawi, also confirmed the family was notified of criminal charges Wednesday and they were meeting with police Thursday.

The family is also suing police, paramedics, St. Joseph’s Hospital for $10 million, alleging negligence.

Niagara police had not yet confirmed the charges Thursday.

“The Hamilton EMS investigation remains on going,” spokesperson Stephanie Sabourin said Thursday morning. “We hope to provide a media release later today regarding recent developments. Until that time it would not be appropriate to provide further comment.”

Posteraro said he’s confident the charges “will not stick” once all the evidence is presented.

“It’s disturbing to my colleagues and the service,” he said. “It’s a new threshold when paramedics can be charged when there is a bad outcome.”

The person responsible, he said, is the man who fired the gun.

Read more:

Family of slain Good Samaritan suing Hamilton police, paramedics and hospital

‘Good Samaritan’ shot dead trying to stop altercation in Hamilton identified as Brock University student

The criminal charges against paramedics come eight months after the 19-year-old Al-Hasnawi was fatally shot on a Sanford Avenue North sidewalk Dec. 2, 2017, after trying to stop an older man from being harassed. Witnesses, including Al-Hasnawi’s family members, alleged paramedics did not believe he had been shot, including laughing and telling him to get up.

Witnesses said the bullet wound was small and some initially speculated it was a BB gun, not a handgun.

Hamilton police previously said records showed it took 38 minutes from the time paramedics arrived on scene to when he arrived at St. Joseph’s hospital. The hospital said in its statement of defence that Al-Hasnawi was already without vital signs when he arrived in hospital, and that despite efforts to resuscitate him, the Al-Hasnawi was pronounced dead 19 minutes later.

According to an email sent to councillors late Wednesday and obtained by the Spectator, the city is aware of the criminal charges.

The city’s own internal investigation into what happened Dec. 2 is “near its completion.”

It’s not clear if the paramedics have been suspended or if the city is seeking dismissal.

Posteraro also declined to comment on that, but said “under the circumstances they’re holding up.”

Loading... Loading... Loading... Loading... Loading... Loading...

The failure to provide the necessities of life charges fall under Section 215, subsection 3, of the Criminal Code of Canada. If convicted it has a sentence of up to five years in prison.

Al-Hasnawi, the oldest of five children and a first-year student at Brock University, had aspirations of becoming a doctor. He was quiet, an artist, devoutly religious and loved space and boxing. He had a knack for fixing electronics, family has said.

He was attending a religious celebration with his dad and two teenage brothers at the Al-Moustafa Islamic Centre, on Main St. E. near Wentworth St. S., that night. Al-Hasnawi had just stepped outside for air with a friend and his 15-year-old brother when the confrontation happened.

Majed and others ran out to find his son on the ground, writhing in pain — the only words he could say were that he couldn’t breath. His father alleges a paramedic told him to tell his son to “stop acting” and asked if he’d taken drugs.

These latest charges are believed to be the first in Ontario, perhaps Canada, where paramedics face criminal charges for their on-duty work. Hamilton was also the first place a paramedic was charged and convicted under the Ambulance Act for on-duty behaviour — that legislation overseen by the Ministry of Health and Long Term Care has a maximum sentence of a year in jail and a $25,000 fine.

In 2014, Hamilton paramedic Paul Zenchuk was sentenced to two years probation and 200 hours of community service for not properly treating 59-year-old Michael Farrance in 2011.

Farrance died in hospital from an injury after being pushed by police and from brain damage caused by lack of oxygen.

The Special Investigations Unit cleared the police of wrongdoing, but Zenchuk was charged by the province.

It was the first case in Ontario in which a paramedic had been convicted of failing to properly treat a patient.

Hamilton police declined to comment on the paramedic charges, including whether it will impact their defence in the family’s lawsuit.

Hamilton police have made two arrests in the homicide.

Dale Burningsky King, 19, is charged with second-degree murder.

James Matheson, 20, is charged with accessory after the fact to murder.