Brandon Police believe criminal negligence may have led to the death of Christine Mitchell, a 30-year-old woman who overdosed in the home of Brandon's top bureaucrat, Rod Sage, say new court documents obtained by CBC News.

An application seeking Mitchell's medical records from the Brandon Regional Health Centre was filed by the Brandon Police Service nearly three months after she died from an overdose of purple heroin — a name given to a mix that may contain heroin, fentanyl and carfentanil — in early July.

The request for Christine's medical records dated Oct. 8 was filed the day before CBC News published a report revealing her overdose in the home of Brandon CAO Rod Sage, who was also a non-voting member of Brandon's police board. Sage has since stepped down from the board and he is currently on paid leave from the city.

The documents also say that as of Oct. 25, the investigation was "at the beginning stages." Manitoba's Attorney General sent the case to the RCMP for review in early October. Brandon police Chief Wayne Balcaen had previously told CBC News officers started investigating Christine's death in July.

Christine's mother, Doreen Mitchell, is upset the investigation is taking so long.

"I think it's pretty sad, because they should have been on it right away," said Doreen Mitchell in a phone interview.

Christine was dead for nearly two days before Brandon police found out about her overdose from a member of the public.

Officers called the hospital to confirm, then notified the medical examiner's office and started to investigate. By that time, Mitchell's body was at the funeral home.

There was no autopsy or external examination. Fluid samples left at the hospital were discarded before toxicological analysis could be done, Dr. John Younes, chief medical examiner for the province of Manitoba, said in an interview in October.

"If you don't know and there's no autopsy, they should be getting medical records," Doreen said. "It's sad because I can't grieve when there is no closure."

Christine Mitchell, right, lived in the home of Brandon city manager Rod Sage, left, for nearly five years before she died of a heroin overdose. (City of Brandon; Christine Mitchell/Facebook)

No charges have been laid and it is not known whether the production order will lead to criminal charges. Rod Sage is not named in the document and it does not specify who police believe committed negligence causing Christine's death.

In a previous interview, Rod Sage said he did nothing wrong and was simply helping a friend with an addiction. He housed and provided funds to Mitchell for five years prior to her death.

"It's the moral dilemma that I struggled with every day in trying to help somebody with a substance use disorder and knowing that if you were to walk away from the individual, their writing for their future is pretty much on the wall," Sage said in September.

In similar cases in Ontario, police have charged drug traffickers in connection with fatal overdoses. In September, Ontario Provincial Police warned dealers of the consequences of their actions.

"If you are dealing fentanyl, you could be dealing the dose that leads to death, and you will be held accountable. If you're dealing, you're contributing to the crisis," says a September OPP news release.

Ontario Provincial Police have laid 12 criminal negligence causing death charges in relation to fatal overdoses since 2016, the news release says.

"The OPP, along with other police services in Ontario, is sending a very clear and concise message to drug dealers," the release says.

"Claiming ignorance is not an acceptable excuse for supplying drugs that are killing people in our communities."

Manitoba does not keep similar statistics, although charges related to overdose deaths have been laid in the province.

Criminal Defence Lawyers Association of Manitoba spokesperson Christopher Gamby explained that in order to get a charge of criminal negligence causing death to stick, the Crown must prove that the drug dealer was acting recklessly.

Gamby also notes that proving drugs sold by a dealer contributed to a death can be difficult.

"Were the drugs that killed the individual the drugs that were sold by the dealer? Did the interceding act of the user using the drugs in a dangerous manner cause the death?" said Gamby.

Sheri Fandrey cautions against thinking charges will end the opioid crisis. (Jeff Stapleton/CBC)

Addiction consultant Sheri Fandrey says she recognizes grieving families need closure and bringing people to justice can soothe the pain.

But she cautions against thinking charges will end the opioid crisis, which she believes should be reframed as a public health crisis.

"In the United States, where it's much more common for these kinds of charges to be laid, there hasn't been a deterrent effect noted," Fandrey said.

"So if … the sole purpose of bringing charges is to supposedly to deter other drug dealers or traffickers from exhibiting the same behaviour, it doesn't seem to be working."

Arrests and charges might scare people away from calling for medical help when there's an overdose, she said.

"We already know that people who observe another person's opiate overdose are not likely to call emergency services."

The Brandon Police Service said it will not be commenting as the matter is being reviewed by the RCMP.

The RCMP said it will not comment on any action taken by Brandon police or any ongoing investigation.

Rod Sage did not respond to a request for comment.

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