Firings of eight BC health ministry workers and contractors Report released to the Public on Friday?
How much money have BC taxpayers been charged with so that Premier Christy Clark and Minister of Health Terry Lake could be coached on how to use the phrase '
heavy-handed and we apologize for that' in the Legislature during Question Period?
In 2012, did the BC Government Cabinet, and their OIC Appointees, skip the course on the impropriety of suspending employee without pay, then outright firing them before finding conclusive evidence? Did the Cabinet do all of this without requesting that the RCMP do an investigation, instead they led the workers, and the Public, to believe that the RCMP were in the loop?
The immediate result of this fiasco has been that workers & contractors have taken their concerns of unlawful dismissal to legal Counsels where some cases have been settled out of Court already therefore the results, the awards, have not been made public, never will be, because the BC Liberals consider all legal fees used for the protection of the Crown are subject to Privilege.
Three cases are still outstanding.
One will never be resolved, but his death shouldn't be forgotten, swept under a carpet, nor should it be covered by a heavy-handed apology. There is a Law.
-
Bob Mackin:
Investigation into Health Ministry data breach "flawed from the outset" - Nobody named or shamed in report that describes a bullying culture in one of the biggest B.C. ministries
-
Justine Hunter - Globe and Mail
“The investigation was not conducted with a suitably open mind,” she
wrote. The fact that the employees were suspended without pay hindered
the investigation and created a climate of fear in the ministry that
hampered productivity.
Ms. McNeil was particularly critical of the
way the workers were interviewed, saying they were not given a chance
to fully respond to the allegations, and that questions were posed in an
aggressive and “intimidating” way.
********************
The real concern that the Public, and workers & Contractors should be aware of ....was nothing learned from the Westray Mine Disaster with the loss of 26 lives?
Apparently the BC Liberal Government hasn't accepted any advise from within Caucus, nor have they sought outside via legal channels in regards to 217.1 of the Canadian Criminal Code (2004). 217.1 hasn't even been mentioned in the Burns Lake and Prince George Sawmill disasters, lives lost there too. 217.1 has two other titles: Bill-C45 and Westray Mine Disaster.
-
Teamster Rails pushed for Bill-C45, from 1992 to 2004:
217.1
This Criminal Code affects all organizations and individuals who direct the work of others, anywhere in Canada. These organizations include federal, provincial and municipal governments, corporations, private companies, charities and non-governmental organizations.......
and
......."the criminal law must be reserved for the most serious offences, those that involve grave moral faults... the Government does not intend to use the federal criminal law power to supplant or interfere with the provincial regulatory role in workplace health and safety"
What, the Provincial regulatory role holders, WorkSafeBC that couldn't gather enough evidence together that was acceptable to the Attorney General Deputy Minister to be able to prosecute the Sawmill companies?
Duty of persons directing work
217.1 Every one who undertakes, or has the
authority, to direct how another person does
work or performs a task is under a legal duty
to take reasonable steps to prevent bodily
harm to that person, or any other person,
arising from that work or task.
Persons that do have the authority to deal with internal matters:
The
Premier
who handled an in-house 'incident of concern' did so by not writing anything down, no notes, no FOI
possible, private email Channels were used, shredded everything, and finally verbally dealt with while on a plane flying out to Asia on a Trade Mission;
Minister;
Deputy
Minister; Chief of Staff.
-
Department of Justice: Corporate Liability
The Government (Federal) is aware of the frustration felt by the families of
the Westray victims over the apparent inability of the criminal justice
system to deal with what appears to have been serious corporate wrongdoing.
However, the failure of the Westray prosecutions was the result, in
part, of a series of prosecutorial decisions which were themselves
the subject of a review by provincial authorities. Indeed, it appears
that prosecutors believed there was a reasonable possibility of conviction
of both the corporation and two of its officers, under current Canadian
law governing corporate criminal liability, until one of three prosecution
experts developed doubts as to the cause of the explosion. As a result,
the question whether the actions of Curragh Inc., the owner and operator
of the Westray mine, and some of its officers and directors amounted
to criminal negligence causing death or manslaughter never came to
trial.
..... Unlike workplace safety and health legislation that can mandate certain
practices, the criminal law, by its very nature, is reactive. It does
not prescribe how an activity should be carried out. Instead, it sanctions
harm that has been caused by a flagrant disregard of the norms of society. ....
************************
Hansard:
Hon. T. Lake: The members
opposite seem to want to pick and choose which public servants deserve
to be treated fairly. The members opposite accuse the government of
rushing to judgment. And we have said that in some cases, the treatment
of some individuals….
Interjections.
Madame Speaker: Order.
Hon. T. Lake: We have said
that in some cases, some individuals were treated in a heavy-handed
manner, and we apologize for that. That is why we have set up a review
by an independent person to look at the HR policies that were carried
out, to ensure that public servants are treated fairly with the HR
processes that are in place.
Unlike the members opposite, we want to find
out a better road to manage human resources in the public sector, and
that's what Ms. McNeil's report will do. We look forward to seeing it
on December 19.
Heavy-Handed
1. Clumsy; awkward.
2. Tactless; indiscreet.
3. Oppressive; harsh.
**************************
There is one person who currently sits at the BC Liberal Caucus table who had the opportunity to inform fellow Cabinet ministers on the perils of ignoring 217.1:
2014 Bio
Between 1980 and 2000, Ralph held senior officer and director positions in a variety of financial, mining, forestry and technology sector companies, and owned and operated his own investment company. In the mining sector, he was Executive Vice President of Hudson Bay Mining and Smelting Company, a subsidiary of Anglo American Corporation, and was Vice-Chair of Curragh Resources in the Yukon, and held other executive positions.
2004 217.1 came into existence No mention of Curragh Resources in a 2001 Bio.
2001 Bio
Between 1980 and 2000, he held senior officer and director positions in avariety of financial, mining, forestry and technology sector companies, and owned and operated his own investment company. In the 1990's, after returning home to British Columbia, Ralph served as President of a joint venture with a major American corporation, engaged in the development of a fibreboard mill.
Strategic Thoughts October
11, 2001
Both BC Liberal website and the legislative biography page fail to mention Sultan's role as a Director of Curragh Resources Inc. The North Shore News, May 16, 2001, reported "A government commission struck to investigate the causes of the explosion shortly after the tragedy found parent company Curragh Resources Inc. and provincial mining inspectors negligent in their approach to worker safety at the mine." That mine is Westray where 26 miners were killed on May 9, 1992.
1993 Financial Post September 21st
An Ontario Court yesterday placed more of Curragh Inc.'s assets in receivership after chairman Cliff Frame returned from Europe without a financial backer. Under a 14-day court order, Deloitte & Touche Inc. will act as interim receiver of Curragh's Faro zinc mine in the Yukon, allowing creditors more time to negotiate. Curragh's Westray coal mine in Nova Scotia remains under the protection of the Companies' Creditors Arrangement Act, pending talks between creditors and the Nova Scotia government.
********************************
No firings, no death
Further Reading:
Canadian Centre of Occupational Health and Safety Bill C-45 Overview
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- Cindy E. Harnett - Times Colonist
Fired researcher’s sister seeks answers in report due today
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- Andrew MacLeod, The Tyee
Conflicted Agency Retains Responsibility for Health Ministry Firings Review Officials involved in debacle to handle release of report after all.
- Andrew MacLeod, The Tyee
What we should know so far about the Health Ministry Firings
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- Hon. Donald Downe, Minister of Transportation and Public Works speaking on the floor of the Nova Scotia Legislature, 1 December 1997
- I make this pledge to the families. Westray will not be some vague
memory of a tragic accident. It will be a living, active presence in
workplaces across Nova Scotia. Your husbands, your fathers, your sons,
your brothers, your friends, will never be forgotten. Every time
someone wants to cut a corner or bend a rule, we will remind them there
can never be another Westray and this government will not allow it.
Westray Coal Mine Disaster, Pictou County, Nova Scotia, At 5:18am on 9 May 1992 the Westray coal mine exploded killing 26 miners
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- CBC
Westray Remembered
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Note: Not a whisper of and excuse of Heavy-handed