A Manitoba judge has upheld a ruling that struck out portions of the Brian Sinclair wrongful death lawsuit.

Sinclair was a homeless double-amputee when he died in a hospital emergency room. He spent 34 hours without receiving care. After his death, his family launched a suit, claiming his right to life under Canada’s Charter of Rights and Freedoms was breached.

The court ruled that section of the charter only applies to the living, disallowing that portion of the family’s lawsuit. The family launched an appeal, but on Tuesday, that appeal was denied.

The family can still sue for negligence, but their lawyer Vilko Zbogar said that type of suit won’t provide the accountability they are looking for.

"It’s a fundamental issue to them. It wasn’t just negligence, it was a breach of his right to life, a breach of his charter rights, and he’s entitled to the respect and dignity that every Canadian deserves," said Zbogar.

The inquest into Sinclair’s death, which is separate from the civil lawsuit, begins in Winnipeg next week.

"They’re going to continue, as they always have since the beginning, to pursue their quest for answers and accountability," said Zbogar.