Brian Sinclair's family alleges the province allowed the ER to operate even though it constituted a "public nuisance" and was "injurious to public health."

The amended claims are part of a lawsuit filed two years ago against the Winnipeg Regional Health Authority, the government of Manitoba and 13 other people.

Sinclair - a 45-year-old double amputee - died of a treatable bladder infection more than three years ago at the Winnipeg Health Sciences Centre.

New court documents filed this week by government lawyers suggest the family's lawsuit is making "bald allegations" without any evidence to back them up. The province is asking for that portion of the lawsuit, along with claims that Sinclair's charter rights were violated, be dismissed.

The Sinclair family is accusing Manitoba of putting public safety at risk, particularly the health of vulnerable aboriginal people, without backing up the claims with proof, provincial lawyer Glenn McFetridge argues in his submission.

The lawsuit "does not set out any new 'material facts' that would support the allegation that what happened to Mr. Sinclair happened on a regular basis, especially to those who are vulnerable, indigent and aboriginal," McFetridge stated.

"Manitoba therefore submits that no material facts have been pled that would support the bald allegation that Manitoba caused or contributed to the death of Brian Sinclair."

The province is arguing Sinclair's rights under the Charter of Rights and Freedoms were not violated since he lost those rights when he died. Manitoba also argues it wasn't negligent in his death because it didn't have any personal duty of care under the Canada Health Act to the homeless man.

Security tape showed Sinclair went to the triage desk at Winnipeg's Health Sciences Centre and spoke to an aide before wheeling himself into the waiting room. About 33 hours later, someone approached a security guard to say it appeared Sinclair was dead. He was rushed into a treatment area where emergency staff tried unsuccessfully to revive him.

An inquest has been called into his death but has been delayed by a criminal investigation.

Vilko Zbogar, the Sinclair family lawyer, argues that allowing the claim to go forward is in the public interest.

"Manitobans have a right to comprehensive health care as part of Canada’s publicly funded universal health-care system," he states in court documents. "Emergency health care is an integral part of that system, and the government of Manitoba has exclusive constitutional responsibility in that regard."

The Sinclair family does not need to prove that the hospital emergency room posed a risk to everyone, said Zbogar, who added it's clear Sinclair suffered as a result of his lack of treatment.

Sinclair lost "self-respect and dignity as he sat alone in the ... ER in a wretched state, vomiting over himself, without receiving any attention or care" before he died.

"This harm is clearly both greater in degree and different in nature from the inconvenience suffered generally by members of the public," Zbogar said.

Lawyers for the province, health authority and Sinclair family are scheduled to make their case before a judge Feb. 13.

Copyright The Canadian Press