Thank you, Mr. Speaker. My questions are for the Minister of Health and Social Services. Mr. Speaker, I asked the Minister yesterday if she was aware of any complaints or inquiries into the conduct of any physicians. I’m going to sort of move away from that today because she didn’t really directly answer my question and I still don’t really even know if she knows. But it raises an interesting point. To be the agency which approves the licences of people to practise medicine is a huge responsibility. It’s also a huge liability, because if a complaint is laid and an investigation is undertaken and it is elevated to the point of going to a board of inquiry or going to the College of Physicians and Surgeons, then it would be really good if the Minister of Health and Social Services was aware of that happening and was also aware of her options with respect to suspending a licence to practise for a period of time.
So I’d like to ask the Minister what is the protocol currently in place for when a complaint is laid and how she would become informed of that complaint and the process that would ensue. Thank you.
The honourable Minister of Health and Social Services, Ms. Lee.
Thank you, Mr. Speaker. I have the access to information when the complaints come forward. The Medical Profession Act allows that when there are sufficient complaints, a licence can be suspended or even while the investigation is going on and the medical legislation committee would make a recommendation to the Minister to revoke a licence. So all those powers are available under the current system. Thank you.
So the Minister is saying that she would not just maybe be informed, but she would most definitely be informed of a complaint and the process that would follow. And this is not about the number of complaints. This could be one complaint. One complaint could be enough to launch some type of an investigation or disciplinary action.
Mr. Speaker, how involved is the Minister or our government or the act, how involved is it in laying out the process for an inquiry that would ensure the integrity of that inquiry and of that process? Because there are certain laws that are part of inquiries, public inquiries and inquiries in general, there are certain laws that pertain to the complainant, to the defendant, and there are certain laws of natural justice, and there’s a standard to be upheld in that process. How much would the Minister, in her role, be involved in ensuring the integrity of that process as it unfolded? Thank you.
The legislation sets out a very clear process on the steps that a complaint would go through. A board of inquiry would obviously follow the administrative rules which speak to apprehension of bias, making sure there is no apprehension of bias and natural justice and all that. Mr. Speaker, my role in that regard is to appoint the Members into that board of inquiry, and the Medical Profession Act states clearly how that inquiry will take place and then they will make recommendations. Thank you.
Mr. Speaker, is the Minister satisfied that the process as it exists now has sufficient teeth in it or, well, let’s just say in the case of an uncooperative defendant, somebody who has been complained of and just chooses not to cooperate with the process. What kind of teeth are there in the process that would compel somebody to even participate to respond to a complaint or appear at a hearing or participate? Is she satisfied that the process is sufficient to do that? Because what I’m hearing is to the contrary. Thank you.
Mr. Speaker, there are teeth in the legislation to take actions, including suspending the licence while the investigation is going on. The key part in this is that anybody who has a concern about any physician should come forward and lodge their complaint. If they have some concern about criminal conduct, they should go to the RCMP. The most important thing is the evidence that the complainant brings forward in this process, because without the evidence, the process may not have the impact that some people might be looking for or the Member would like to see. Thank you.
Your final question, Mrs. Groenewegen.
Thank you, Mr. Speaker. If we as a government fail to deal with these types of complaints in a very serious way, I think we are putting ourselves at great risk and great liability. It’s one thing for a patient who has filed a complaint, to want to pursue a remedy with respect to the doctor, but we are throwing this wide open for this government to become the party that would be pursued for negligence if these processes are not intact.
Mr. Speaker, in the case that I am referring to, the complainant filed a complaint. The response from the defendant was not even shared with the complainant nor could it be without the defendant’s permission. This speaks to me of a real flawed process.
Mr. Speaker, how can I as an MLA or a private citizen challenge this process? How can I get access to this? It is all shrouded within this privacy of the people that are being complained of. How can a regular citizen, or even I as an MLA, or anybody gain access to know about what is going on within the confines of these processes? I don’t think the process is as good as the Minister thinks. Thank you.
Mr. Speaker, I agree with the Member that government has a responsibility, the Minister has a responsibility and we have a responsibility to respond to the people that bring forward serious allegations. So far, even talking to the Member, I do not have any specific information about what the situations are. That is why I am asking anybody out there who has concerns about a physician, they should follow this complaint process.
Mr. Speaker, so far what we are hearing is what we heard from somebody else. Mr. Speaker, the legislation states the board of inquiry, for example, could be open to the public. The conduct and the process and the outcome depends on evidence being put forward. I would just encourage. I have to state that anybody who has any information should come forward with that information so that it can be assessed and the individual in question could go through the process with the evidence before them. Thank you.
Next I have the honourable Member for Great Slave, Mr. Abernethy.
