The Province

Chalke wants free rein on firings probe

LETTER TO MLAS: Ombudsman seeks to have confidenti­ality deals opened in health file

- CASSIDY OLIVIER THE PROVINCE colivier@theprovinc­e.com twitter.com/cassidyoli­vier

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.

 ??  ?? JAY CHALKE
JAY CHALKE

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