Saskatoon nightclub death was ‘perfect storm of unfortunate events,’ says lawyer

Hodan Hashi’s death in the early morning hours of Nov. 5, 2022 was a “perfect storm of unfortunate events,” according to lawyer Sharon Fox.

Fox spoke to media Wednesday, the day after Crown prosecutors made the decision to stay a charge of manslaughter against her client, 22-year-old Paige Theriault-Fisher.

In a statement, the Saskatchewan Ministry of Corrections, Policing and Public Safety said a mutual fight occurred between the two women at Lit nightclub in downtown Saskatoon.

“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 ministry said.

Fox said despite at least one graphic video that circulated on social media showing Hashi moments before her death, not all of the information on the case was available to the public.

“A lot of evidence gathered by police has not been made public out of respect and for the privacy and dignity of the Hashi family,” she said.

Fox said she believes the Crown made the right decision after examining all of the evidence.

“Decisions such as these are never easy, nor are they made lightly. Given the publicity and the public attention of this matter, making decisions like this, especially under a microscope, are even more difficult,” she added.

“Sometimes the correct decision is not the popular decision.”

Fox was correct in her assessment, as there’s been outrage on social media after the decision was announced. A Twitter account belonging to a person claiming to be Hashi’s sister, Fartun Hashi, questioned the Crown’s decision.

“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,” Hashi wrote.

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 (@sashao__) April 11, 2023

Fox said she believes the decision was made without prejudice.

“Being in a fight doesn’t necessarily mean any criminal wrongdoing,” she said.

“At the end of the day, the facts speak for themselves. I do firmly believe that if the shoe was on the other foot, the Crown would have come to the same conclusion, regardless of nationality, skin colour, creed, religion.”

She also expressed her sympathy for the Hashi family.

Paige Theriault-Fisher. (Shane Clausing/980 CJME)

Theriault-Fisher joined her lawyer during the news conference and said she regrets what happened that night.

“My heart is with them, and it has been since the day it happened. This was never meant to happen and if I could give everything back, I would take that day back, and really do wish Hodan was with us today,” she said.

Civil lawsuit proceeds

Hashi’s family has filed a civil lawsuit in the Court of King’s Bench, seeking more than $1 million in damages.

In the statement of claim, filed on Feb. 3, Nicholas Stooshinoff alleged that Hodan’s death was caused or contributed to by the defendants, including Fisher, the company that owns the nightclub, the DJ who was working that evening, and the person who recorded and distributed the video on social media.

Stooshinoff said the hurt inflicted on the family has been enormous.

“The operators of the nightclub were negligent in providing a safe environment,” he alleged.

“The operators of the nightclub had no real security, no thought given to how to maintain safety and security for their patrons including the deceased, and once an injury did occur to one of their patrons, they utterly failed to meet an acceptable standard of both intervention and providing emergency healthcare.”

The lawsuit claims Hashi’s family continues to suffer mental distress, nervous shock and psychological harm.

The damages requested are to cover the costs of medical care, Hashi’s funeral, grief counselling, and past and future losses of earnings.

None of the allegations against the parties named in the lawsuit have been proven in court and a request has been made to the Hashi family for comment.