Terms set for Health Ministry firings probe
B.C. ombudsperson Jay Chalke is drafting a budget after the terms of reference for his probe into the 2012 Health Ministry firings were unanimously supported Wednesday.
An-all party finance committee unanimously endorsed the four-page “special directions” to the ombudsperson Wednesday.
The budget’s approval will be the final step before the ombudsperson’s investigation starts into the firing of eight Health Ministry drug researchers and contractors in 2012, the termination of research contracts and the events leading up to the firings and statements related to the alleged involvement of the RCMP.
Since then, some of the pharmaceutical branch employees have been rehired, others have settled court cases, and a University of Victoria co-op student, Roderick MacIsaac, committed suicide. Two cases remain before the courts.
NDP MLA Carole James, vice-chairwoman of the finance committee, said although the NDP would prefer a public inquiry, the terms of reference are broad enough to give Chalke the freedom to investigate what he deems necessary, while specific enough to reassure the researchers and the public.
Under the special directions, if the ombudsperson determines it is related, he can investigate any funding, contract or data-access matter related to the province’s involvement with pharmaceutical research organiza- tions, including the Therapeutics Initiative drug research program, the University of Victoria Alzheimer’s Drug Therapy Initiative and the B.C. Centre for Excellence in HIV/AIDS.
The ombudsperson can also investigate, if it’s deemed relevant, any government ministries, including Health, Finance and Justice, and the offices of the premier and deputy minister to the premier, in addition to the B.C. Public Service Agency.
The special directions demonstrate “there aren’t areas that are off limits,” James said.
“It was important to me and our members to have the specifics in there,” she said. “This investigation does not have limits and the ombudsperson can go where the leads take him.”
A review of the Health Ministry firings by Victoria lawyer Marcia McNeil last year was unable to determine who ordered the firings and why, because she was not given the power to compel testimony under oath.
The ombudsperson has those powers and his report, once completed, will be made public.
Committee chairman Liberal MLA Scott Hamilton said he is satisfied with the terms and thanked the committee Wednesday for its hard work.
Ron Mattson, who settled a wrongful-dismissal suit in August 2014 after the B.C. government said it made a “regrettable mistake” in firing him, said he’s delighted to see the investigation moving forward.
“It’s not what we wanted — we wanted a public inquiry — but it’s certainly better than what I thought was going to happen when we initially requested a review,” said Mattson, a View Royal councillor. “I didn’t have any confidence the government would go even this far.”
Mattson said it appears the terms of reference are “wide enough” for the ombudsperson to investigate wherever the evidence leads him, but it’s too early to say whether he “does that to our satisfaction.”
After mounting calls this year for a public inquiry — including those from seven fired drug researchers, and the sister of MacIsaac — B.C. Health Minister Terry Lake suggested an alternative way to review the Health Ministry firings, through the ombudsperson’s office.
The government passed legislation to give the ombudsperson greater investigative powers, as he requested. The province also agreed to provide access to cabinet and legal documents, as well as release the fired employees from confidentiality agreements to allow the ombudsperson to conduct interviews and gather evidence.
In July, a Liberal-dominated all-party legislative committee pushed through a referral of the investigation to the ombudsperson.
On Tuesday, the ombudsperson is scheduled to submit a detailed supplementary budget for 2015-16 to the finance committee, which, if passed, will be sent to treasury for approval.
B.C. Finance Minister Mike de Jong has indicated he is aware the budget is coming and of the time-sensitive nature of the approval.
“We don’t expect any challenges,” James said.
There is no deadline for the investigation. Chalke told the Times Colonist in July it won’t be a quick process.
“I understand the desire for answers and the wish that all this be completed in a timely way, so we’re going to get to work,” Chalke said.
“However, speed is not our first goal — a thorough, high-quality investigation is really what our primary objective is.”