Debates of May 11, 2010 (day 8)

Topics
Statements

QUESTION 100-16(5): PROCESS FOR LODGING COMPLAINTS AGAINST PHYSICIANS IN THE NWT

Thank you. I’d just like to follow up on my questions that I asked previously to the Minister of Health and Social Services with regard to the process in place for examining complaints about the conduct of physicians in the Northwest Territories. Again, I want to be clear, I’m not talking about a whole lot of people. I’m talking about one person. But I need to understand this process, as do my constituents who have concerns about the conduct of this individual.

Mr. Speaker, in response to a previous question, the Minister stated that these things can take a while. That is frightening to me, because when there is a complaint made and this person continues to practice, it necessarily puts other people at risk. I’d like to ask the Minister: what could contribute to this process taking a while? We are, as a government, and she, as a Minister, responsible to protect the public interest. People who are sick are vulnerable. People who are mentally ill are even more vulnerable. It is incumbent on us to make sure that the people who are providing services to them are reliable and of good standing and of good conduct and character. Why would this take a while? Thank you.

Speaker: MR. SPEAKER

The honourable Minister of Health and Social Services, Ms. Lee.

Thank you, Mr. Speaker. I do want to let the Member know that I do agree that people who have concerns of this nature should be able to go through the process and have the matter resolved as soon as possible.

Mr. Speaker, I would have to commit to look into how long certain cases do take, what is the normal course of process in going through this. I have to tell the Member that this does not come across my desk very often. I think I might have been thinking about a court case that seemed to take a little longer, but that’s different than the board of inquiry. So, Mr. Speaker, I just do not have information in front of me to give her the information about how long this takes. I am aware the Medical Profession Act has very specified steps laid out as to how this process takes place and I will undertake to get back to the Member. Thank you.

Mr. Speaker, if the conduct of a certain practitioner has been brought into question, if that has been out there unresolved for a period of time and that person continues to practice, does the Minister not see the problem or the danger in that occurring? I’ll ask the Minister again: is she aware of any practicing member of the medical profession in the Northwest Territories who is under investigation at this time and continues to deliver services to the people of the Northwest Territories? Thank you.

Mr. Speaker, as I stated earlier, the Medical Profession Act does state the process by which a complaint against a practicing physician is conducted. It does try to balance the rights of the client as well as the physician, Mr. Speaker. I’d be happy to give the Member a private briefing on how this works. Once in a while we do get concerns from people about what they are not happy with about what the doctor has done or not, or any other health care professional. There are different phases that this goes through. Sometimes just talking to the local authority resolves the matter. Other times it goes further down the steps. I do not have the information on how many are under investigation and I would undertake to get back to the Member. Thank you.

[Microphone turned off.] …again. Might I suggest that it is the Minister’s job to make herself aware of any outstanding complaints about the conduct of somebody who’s delivering services, medical professional services to the people of the Northwest Territories? This is not unheard of in other professions. Sometimes RCMP members are under investigation. Often you hear that until the matter is resolved, their rights and their work is suspended until the matter is cleared up. That takes care of protecting their rights. Sometimes you hear of it in cases of teachers. Not so much around here but in southern Canada you hear of teachers who are suspended with pay.

Mr. Speaker, I suggest to this Minister that there is someone practicing medicine in this Territory today who has been under investigation for years and this matter has not been… And this is adding double agony and strife to this person who has laid a complaint, for this not to be dealt with in an expeditious manner. That is owed to them by whatever practice or process she’s talking about that’s outlined in the Medical Profession Act. That is owed to this person. I am very alarmed, and I hope the public out there is alarmed to hear that somebody could be practicing who has been under investigation for years and just chooses not to cooperate with the process or the system or their peers. I mean, how can that be allowed to happen? This is squarely this Minister’s responsibility.

As I said at the beginning of my Member’s statement today, I have made the Minister aware of this and so now for her to stand up in the House and say she’s not aware of it, she’s had days to prepare herself to respond to these questions, because I forewarned her. I’d like to ask the Minister again: is there an ongoing investigation into somebody who is currently practicing medicine in the Northwest Territories today that brings their conduct into question? Thank you.

Speaker: MR. SPEAKER

I just want to remind Members if there is anything before the court or a judicial process, that we try to avoid interfering in that process in this forum. But I will allow the Minister to answer the question, Ms. Lee, but remember that there are certain processes that are before judicial inquiries or reviews that is not privy to ourselves in this House to ask those types of questions. So, Ms. Lee, you can respond to the question.

Thank you, Mr. Speaker. Mr. Speaker, the Medical Profession Act, as any other professional body, it lays out a very clear process on how these things get conducted. It does not allow for Minister to intervene. I understand the overall responsibility I have as a Minister to make sure that there is a process in place. I do appreciate that the Member did let me know about that. I am not able to say anything in the House that would attribute anything to individuals out there. Having said that, I did let the Member know that I am concerned about what the Member has told me. I have told her that I will undertake to look into the process and give her a private briefing. I just feel that this is really inappropriate, other than talking about medical process and the process outlined, that we will be talking about an individual that we can be talking about. Thank you.

Speaker: MR. SPEAKER

Final question, Mrs. Groenewegen.

Thank you, Mr. Speaker. It is ironic that probably Members of this Legislature are amongst the very few who can actually stand up and talk about this. We haven’t determined that there is anything before a judicial body or a court or anything. We have not determined that, but it is very interesting that if I go outside these doors and speak to the media about this concern about my constituent or this case, I then could become liable in the courts for something. This is the only place where I can stand up. I am probably the only person who can stand up on behalf of this constituent and raise this with some immunity, not to be reckless or careless about that immunity but to bring this to light. I am talking mostly about the process here today. I am trying to understand the process on behalf of my constituent who has been sitting there being dragged through this fight and I am concerned not only about her but the other people who have been affected. It is the tactic of predators who get into these positions where they can prey on people to isolate people. I would like to put it out there today in the Northwest Territories. If you have received treatment from somebody here in Yellowknife for a certain condition, and I think I have made enough clues about it, and you have felt isolated and alone and thought you could not come forward, I would certainly like to hear from them. Mr. Speaker, again, I would like to ask the Minister what she can do to become involved to ensure the safety of the people who are receiving services and care in our medical service. If she can’t get involved, then we have a big problem here.

Mr. Speaker, I think it is important for the Member to know that I do understand the Member’s concern. We do want to make sure that we have a process in place where our residents who provide service have a concern about their practitioner, that there is a process in place. I am just not able to say anything that would give comfort to her that would in any way talk about an individual who is not before this Assembly.

Mr. Speaker, I do commit to her that I will talk to her privately and give her the information that she needs, at least over a short period of time and then we could go from there. I understand her concern, Mr. Speaker. As far as I am aware, the Medical Profession Act has a process in place where a complaints officer could take a number of measures about a complaint against a physician, including putting a condition on their practice. Thank you.

Speaker: MR. SPEAKER

Thank you, Ms. Lee. The honourable Member for Sahtu, Mr. Yakeleya.