Chalke wants free rein on firings probe
LETTER TO MLAS: Ombudsman seeks to have confidentiality deals opened in health file
B.C.’s new ombudsman has cautioned a government committee not to refer the health-firings file to his office for investigation unless significant legislative changes are made that will grant him greater powers to gather evidence.
In a letter sent to the all-party committee, Jay Chalke highlighted several existing obstacles that could impede his ability to obtain information.
Specifically, Chalke, who assumed the role at the beginning of the month, noted that Section 19 of the Ombudsperson Act allows people who are bound by pre-existing confidentiality agreements to withhold information and documents from investigators.
“This is a very serious matter,” Chalke wrote to the committee, which met for the first time Wednesday after being tasked with handling the government’s request for the Office of the Ombudsperson to investigate the firings.
“My concern about this issue is so significant that I would formally ask the committee to not refer this matter to my office unless it is accompanied by a recommendation to government for an urgent legislative amendment.”
For the purposes of the proposed investigation, Chalke also requested government guarantees of full access to confidential cabinet records or statements, according to established protocols.
And he sought the release of any relevant parties from confidentiality agreements resulting from related court settlements.
Of the eight health workers fired in 2012, several have since been reinstated and/or have had wrongful-dismissal suits settled. Two of the cases remain before the courts.
One of the fired employees, Roderick MacIsaac, committed suicide shortly after he was dismissed.
“My office does not know the terms of these confidentiality provisions,” Chalke wrote.
“This not only underscores the need for an amendment of Section 19 of the Ombudsperson Act … but it also reinforces the need for the committee to recommend … that government agree to release the affected employees from their confidentiality obligations.”
The 10-person committee, made up of MLAs from both sides of the House, discussed the details of Chalke’s letter during its inaugural meeting, which lasted about 90 minutes.
Other topics covered in his letter and raised during the meeting were issues around budget, public trust and complete unanimity among members if a referral to the ombudsperson is made.
In his letter, Chalke also strongly suggested that the impacted health workers be given an audience before the committee, a point not all committee members agreed was necessary.
The next meeting is expected to take place some time next week.