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Doug Graham and Lois Moorcroft

NDP pursues families' role in inquests

The NDP continues to raise issues regarding the Yukon Coroner's Act in the legislature.

By Ainslie Cruickshank on November 18, 2013

The NDP continues to raise issues regarding the Yukon Coroner's Act in the legislature.

Last Thursday afternoon, NDP Justice critic Lois Moorcroft raised concerns that families are not able to participate in inquests.

"Mr. Speaker, the law must be fair. Does the minister of Justice think it's fair that families do not have the right to legal standing or to be represented by a lawyer at an inquest into the death of a family member?” the Copperbelt South MLA asked during question period.

While Justice Minister Mike Nixon remained firmly in his seat, Health Minister Doug Graham stood to respond, but did not answer the question.

Instead, he said the Yukon has 26 coroners, and over the past three years the number of inquests or death investigations has varied, between 51 and 73.

"We feel that since (this) is the only one that we've had this kind of difficulty with, the system appears to work fairly well under the current system,” the minister said, referencing recent concerns raised about the death of Teresa Scheunert.

Scheunert died at the Watson Lake hospital in June 2012 of mixed-drug toxicity.

Last Tuesday, Scheunert's family revealed publicly that chief coroner Kirsten Macdonald had written two reports regarding her death.

Mere hours following the release of the original report the coroner retracted it, releasing a second version almost a month later, citing the discovery of inaccuracies as her reasoning.

In B.C., families are not automatically granted participant status in an inquest into the death of a family member. However, the coroner has the right to permit a person to act as a participant if the coroner decides that person's interests might be "directly or substantially” affected by the inquest findings.

Moorcroft raised further concerns that the Yukon's Coroner's Act doesn't require inquests in instances "where it is unknown how or why or under what circumstances the deceased died, or where it is in the public interest, or where there is a concern for public safety.”

She also suggested family members should be able to request an inquest.

Currently in the Yukon, a coroner can hold an inquest if there is reason to believe that a person died because of "violence, misadventure or unfair means or as a result of negligence, misconduct or malpractice on the part of others or under any other circumstances that require an inquest.”

Inquests can also be ordered by the chief coroner or a judge if they deem one "advisable.”

But inquests are only mandatory for people who die in custody.

In B.C., the minister also has the power to order an inquest if the coroner has not held one but the minister believes it is in the public interest.

When asked if the government would create regulations allowing families participant status in inquests, Graham said they would not interfere with the workings of the coroner's office.

"We believe that the coroner operating under the current regime is doing a fine job....We respect that office, and even though this extremely unfortunate situation that we now find ourselves in has precipitated a number of these conversations, we feel it's not the appropriate time to get into this discussion,” he said.

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