NDP questions coroner presiding over 2014 inquest
The NDP has raised concerns that a conflict of interest may arise if the Yukon's chief coroner presides over the inquest into the deaths of Teresa Scheunert and Mary Johnny.
The NDP has raised concerns that a conflict of interest may arise if the Yukon's chief coroner presides over the inquest into the deaths of Teresa Scheunert and Mary Johnny.
Chief coroner Kirsten Macdonald announced Tuesday afternoon she would conduct a single inquest into the deaths, both of which she investigated.
She also confirmed today that she does plan to preside over the proceedings.
Both Scheunert and Johnny died after treatment at the Watson Lake Hospital in the summer of 2012.
Scheunert, 47 at the time of her death, died in June 2012 of mixed-drug toxicity.
Johnny died of a bowel obstruction at the age of 60 in August 2012.
She was misdiagnosed at the Watson Lake Hospital, and by the time she was transferred to the Whitehorse General Hospital she was in severe shock and her organs were failing, CBC Yukon reported Tuesday.
Jan Stick, the NDP's Health and Social Services critic, said late this morning that while she's still waiting for official word that Macdonald will preside over the inquest, she does have concerns if that's the way it proceeds.
"In the past when we have coroner's inquests, it's usually, or often, been a judge who leads those,” she pointed out.
Justice Minister Mike Nixon said last April it was the government's intention to continue to have judges preside over inquests for the foreseeable future.
Nixon explained in an interview early this afternoon that when he made his comment, Macdonald was acting as chief coroner but had not officially taken over the role.
As such, the government felt it was appropriate to continue to have judges preside over inquests.
But with Macdonald now the official chief coroner, it's no longer the government's policy to have a judge oversee the inquests. That responsibility falls to the chief coroner.
Macdonald said this morning it's "absolutely reasonable” that she would preside over next year's inquest.
"In many, many jurisdictions, the coroner who investigated the death also presides at inquests,” she said.
She cited British Columbia and the Northwest Territories as specific examples.
"The evidence will be presented to a jury of our community members who are then tasked with answering the questions,” Macdonald said.
"The role of the presiding coroner is to simply guide the inquest and ensure that the jury is reminded of their fact-finding job,” she continued.
Stick raised further concerns that if Macdonald presides over the inquest, the family wouldn't be able to question her on the two reports she wrote with regard to Scheunert's death.
"That whole piece that the family was raising questions about would not be addressed,” Stick suggested.
As the presiding coroner, Stick added, Macdonald could not also be called as a witness.
Macdonald would not specifically address concerns about whether she could also stand as a witness as the presiding coroner.
She did say the office is only in the early stages of developing a witness list.
During this afternoon's interview, Nixon was asked if he believes there could be a conflict if Macdonald presided over this specific inquest,
"I don't need to dive down into all of the details of this,” the minister said.
"She's the chief coroner, and I'm not the chief coroner.”
"I've got full confidence that she is overseeing her work, she's overseeing the issues that are being brought forward, and that if she feels like there is a conflict, diving down into the details of all this stuff, if she feels that there's a conflict, then she would be professional enough to identify that and take any necessary steps that she feels she would need to take.”
The NDP and Scheunert's family have repeatedly called for a public inquiry into her death.
Macdonald said Wednesday she had observed the ongoing public interest, and some misinformation being circulated.
She also considered the lingering questions from the family and community in making her decision to call an inquest.
The inquest will be held between March 24, 2014 and April 4, 2014 in Whitehorse.
Macdonald said she opted for one inquest covering both deaths because the facts and circumstances are "sufficiently related in time and will involve many of the same anticipated witnesses.”
Stick said Wednesday she isn't concerned about the decision to hold one inquest investigating two deaths.
"I think, in both instances, we're talking about system failures and public safety,” she told the Star.
"Given the location of both deaths or the involvement of the hospital, I think given the proximity, I think it's OK.”
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Comments (1)
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yukonertoo on Nov 29, 2013 at 12:26 am
The Chief Coroner is not a compellable witness and is under no obligation to defend her Judgements of Inquiry issued earlier. One reason is that anything done by the coroner after the deaths could not possibly have any bearing on those deaths. Secondly, the Office of the Chief Coroner is a quasi-judicial institution and, like our judges, has to be given a good deal of deference for the office to be effective. A coroners service mandate is to ensure that no one death is concealed or ignored. It is appropriate to go to inquest given the level of community interest in these tragic and possibly preventable deaths. Finally, our Chief Coroner is more than capable of presiding over this inquest. The coroner's inquest is not a trial: it's purpose is to find facts, not guilt or innocence.