Province refuses to keep death investigations local

Mayor, NDP leader question motives in the decision to close the Hamilton Regional Forensic Pathology Unit

Ontario’s solicitor general appears to be rejecting increasing appeals to halt the controversial closure of the Hamilton Regional Forensic Pathology Unit.

Mayor Fred Eisenberger is the latest to ask Solicitor General Sylvia Jones to keep death investigations in Hamilton, expressing his opposition in a letter dated Aug. 28 that says he’s “troubled” by allegations the closure may have been “instigated by motives that were not inspired by the public interest.”

The whistleblower responsible for the Death Investigation Oversight Council’s (DIOC) review into the province’s chief forensic pathologist and its chief coroner also appealed directly to Jones.

Former Hamilton unit director Dr. Jane Turner said in her Aug. 12 letter that allowing the subjects of a complaint to shut down the whistleblower unit while the investigation is ongoing “threatens the integrity” of the complaint process.

In addition, NDP Leader Andrea Horwath called on the province Aug. 23 to intervene “in light of very troubling new allegations that this closure could be rooted in revenge.”

But Jones appears to be refusing the calls to stop the shutdown, which started with half of the area’s investigations moving to Toronto on July 15. The rest will move within a year.

“This was an operational decision made by the chief forensic pathologist and the chief coroner, and we have confidence that they will take the appropriate steps to ensure a strong death investigation system in Ontario,” Jones’ spokesperson Marion Ringuette said in a statement Thursday.

Staff were told about the closure July 4, which was just days after some testified for the review triggered by Turner’s complaint lodged March 4.

The unproven complaint includes allegations that chief forensic pathologist Dr. Michael Pollanen improperly interfered in area death investigations and tried to pressure pathologists to change their findings. Turner’s allegations have been backed by Hamilton forensic pathologist Dr. Elena Bulakhtina, who filed a second complaint with the DIOC on July 16.

Pollanen and chief coroner Dr. Dirk Huyer declined comment through spokesperson Cheryl Mahyr saying, “In the interest of procedural fairness, it would be inappropriate ... to comment on matters before the DIOC.”

Eisenberger told The Spectator on Thursday that he wrote the letter because “a number of impacts are coming to light that are starting to indicate this is overall a negative move.”

He’s worried about the budget as officers accompany bodies to Toronto and has asked Hamilton police for a cost estimate.

“It’s tying up more police officers for longer periods of time when we are already stressed in terms of keeping police officers on the front line,” he said. “We don’t want to absorb any additional costs, largely because there is a pathology unit that is here, can be here and should be here. This is now adding a burden that is avoidable.”

In his letter, Eisenberger said it’s “inconceivable” that Toronto can properly serve the needs of Hamilton, Halton, Niagara, Haldimand, Brant, Dufferin, Waterloo and Wellington. He raises concern about “unacceptable” outcomes such as delayed autopsies and potentially compromising criminal investigations.

He also suggests it will increase the time “distraught families will be made to wait to receive the bodies of loved ones.”