The territory’s chief coroner is appealing the Yukon Supreme Court’s ruling that an inquest be held into the death of Cynthia Blackjack.

Kirsten Macdonald is appealing Yukon Supreme Court Justice Ron Veale’s recent decision that an inquest be held to examine the role systemic racism may have played in Blackjack’s death.

She’s asking that the decision be overturned, her original decision under the Coroner’s Act be upheld, and legal costs be paid by Little Salmon-Carmacks First Nation (LSCFN).

Blackjack, 29, died on Nov. 7, 2013 while being medevaced from Carmacks to Whitehorse.

Theresa Anne Blackjack (Cynthia’s mother) and the LSCFN took the issue to court after Macdonald refused their request for an inquest in June 2015.

LSCFN Deputy Chief Ed Schultz told the Star this morning that the First Nation and the family will work together on their response to the appeal.

“Obviously, we’re not going to drop this issue; we still think there are some issues with health care delivery in the community,” he said.

A number of issues were identified as delaying Blackjack’s medical treatment. Those included an 80-minute ambulance delay, the failure of ventilator equipment at the Carmacks Health Centre, and improper tubing for a blood transfusion on the plane.

Schultz said there is still no head nurse at the health centre.

And some community members have expressed concerns that stereotypes affect health care provision, including that people with addictions are not treated as having legitimate health issues.

“I think this is a prevalent perception not only here in Carmacks but throughout this country that if someone is suffering from a substance abuse problem, ‘well their health issues are not a big deal,’” said Schultz.

He added that the First Nation welcomed Veale’s decision ordering an inquest and hoped it would bring relief to some of these concerns.

“We are looking for some particular solutions here in our community but the inquest would have value to the overall health care system in the territory,” he said.

This is not the first time the First Nation has raised concerns about health care in the community.

In early 2011, it wrote to the Yukon Medical Council about issues with the dispatch of ambulance service.

In his recent decision, Justice Veale wrote in his reasons for judgment that Macdonald took a “very narrow interpretation” of the Coroner’s Act when she decided against an inquest based on allegations of systemic racism.

Delayed ambulance service was reason alone for an inquest, the justice wrote.

“While teasing out and identifying factors that have contributed to or caused someone’s death are important, inquests are also a means of ensuring public confidence in government services and the overall health and safety of communities,” Justice Veale wrote.

“The community must have an opportunity to address their concerns in a public way at an inquest.”

Macdonald’s investigation of Blackjack’s death included having her teeth examined by a forensic dentist, seizing and testing blood taken at the health centre, and conducting interviews with people who had seen her on the day of her death.

However, the investigation did not identify Blackjack as a First Nations member nor address allegations that systemic racism delayed her health care.

On Aug. 4, 2014, Macdonald concluded that Blackjack’s death was “natural” and a result of multi-organ failure due to hyperacute liver failure of an unknown cause.

In her affidavit, Theresa Anne Blackjack wrote, “I feel the chief coroner’s inquiry left many questions unasked and unanswered.”

The day before her death, Cynthia Blackjack visited the health centre complaining of a toothache, abdominal pain and vomiting.

She was known to the staff as struggling with alcoholism, and was tentatively diagnosed with alcohol-induced gastritis and treated accordingly.

Cynthia was also urged to make her way to Whitehorse General Hospital, a two-hour drive, or return to the centre later the next day.

The next morning, she was brought back to the centre in an “agitated and disoriented state” by ambulance.

At 11:15 a.m., it was decided that Cynthia would be medevaced to Whitehorse. The flight left Carmacks at around 5 p.m.

Blackjack lost vital signs 10 minutes outside of Whitehorse. She was pronounced dead just before 6 p.m.

Acting chief coroner Heather Jones filed the notice of appeal with lawyer Richard Buchan last Friday, as Macdonald is currently on leave.

Grounds for the appeal have yet to be filed with the court.