Leftover Doses

The Accused had worked as a paramedic for over 20 years. His employer was a private company wholly owned by a health-benefits organization. Under a contract with Nova Scotia's Department of Health, the Department owned the ambulance assets and leased them to the company, which hired, staffed and managed the ambulance service. No government member owned the company or sat on its boards. After becoming dependent on narcotics, the Accused took about 150 leftover doses of morphine from his employer over more than three years and falsified records to hide it. The thefts and the falsified records were not in dispute and were prosecuted as separate charges. The Crown also charged him with breach of trust by a public officer under s. 122 of the Criminal Code, which applies only to an 'official': a person who holds an office, or is appointed or elected to discharge a public duty. Was a paramedic working for the private company an official?