Locums aren't the only ones who need incentives, says N.W.T. doctor
A Yellowknife doctor says she feels disrespected and underappreciated, after the Northwest Territories Health and Social Services Authority announced an increase in pay for locum doctors last week. Carla Ulrich tells us more.
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CBC
10 minutes ago
- CBC
Judge rejects auditor general's bid to access Vitalité's internal audits on travel nurses
A New Brunswick judge has rejected the auditor general's bid to access Vitalité Health Network's internal audits of its controversial travel-nurse contracts. Auditor General Paul Martin sought a court order to compel the regional health authority to disclose the documents as part of his investigation into the management and use of private agency nurses by Vitalité, Horizon and the Department of Social Development between Jan. 1, 2022, and Feb. 29, 2024. But Court of King's Bench Chief Justice Tracey DeWare dismissed his application, saying she's not satisfied the Auditor General Act provides an explicit waiver of Vitalité's claims of litigation privilege or solicitor-client privilege. These privileges are "foundational to our legal system," DeWare wrote in her decision, dated June 2. "The Court can only endorse a legislative interpretation which abrogates these privileges in circumstances where the intention of the Legislature can be clearly discerned to have contemplated the scope of such an exceptional authority." Vitalité is entitled to costs of $2,000, she ruled. CBC News requested an interview with Martin, including whether he intends to appeal. In response, his office sent an emailed statement, saying he received notice of the dismissal last week and is "currently assessing the next steps." Vitalité did not immediately respond to a request for comment. In a scathing report last June, Martin concluded Vitalité spent $123 million in travel-nurse contracts dating back to 2022, when the regional health authority signed its first deal with Canadian Health Labs. The Ontario-based agency charged about $300 an hour per nurse — roughly six times what a local staff nurse earns. "The contracts with private nursing agencies were not reflective of best practices and did not demonstrate value for money," Martin said at the time. As part of that audit, launched in March 2024, Martin requested "various information and documents" from Vitalité, including internal audit reports on the use of agency nurses. Internal audits were to probe 'irregularities' Vitalité refused to provide the internal audit reports. It had commissioned the audits after it "noticed irregularities in some of the services rendered by the agency nurses which were not in conformity with the terms set out in the governing contracts," according to DeWare's decision. No details are provided, but "in order to investigate potential deficiencies in the services rendered by the nursing agencies, [Vitalité] commissioned an internal audit of the performance of one of the contracts spanning the period between August 2022 and June 2023." Vitalité alleges these audits "confirmed the existence of deficiencies in the performance of the agency nurses' contract with one of the agencies — Canadian Health Labs," DeWare wrote. The company has since launched three lawsuits against Vitalité for allegedly breaching three of its contracts — two expired and one still in force. It's seeking compensation, including punitive, aggravated and special damages. Vitalité has filed statements of defence, as well as counterclaims in all three cases. Martin argued act covers privileged information Martin applied to the court for an injunction on Oct. 9. "Under the Auditor General Act, I have rights of access to any information relating to the performance of my duties," he wrote in a sworn affidavit. This includes privileged information, he argued. Section 13 (a) of the act says the auditor general is entitled to "free access at all convenient times to information, including files, documents, records, agreements and contracts, despite that they may be confidential or private, that relates to the fulfilment of his or her responsibilities." According to Martin, changes the legislature made to that section in 2014, including the auditor general's ability to obtain "private and confidential" information, were specifically made to address this type of situation, DeWare wrote. Discussions surrounding the amendments demonstrate there was a clear desire to enhance the auditor general's authority to obtain necessary information, Martin argued. Vitalité says disclosure would prejudice litigation Vitalité countered that disclosure of the internal audit reports "would prejudice its ability to prosecute" the action against Canadian Health Labs, according to Deware, and that Section 13 (a) of the act "does not explicitly displace or supersede otherwise valid claims of litigation or solicitor-client privilege." If the New Brunswick Legislature had intended for the section to override litigation or solicitor-client privilege, it would have explicitly stated so in the statute, as it does in the Ombudsman Act, Vitalité argued. DeWare noted the Ontario Court of Appeal recently upheld a trial court decision that the Auditor General Act of that province, which, similar to New Brunswick's, does not contain a specific waiver of a valid privilege, "did not authorize access nor compel disclosure of privileged information." The Supreme Court of Canada also considered a similar issue when interpreting a section of Alberta's Freedom of Information and Protection of Privacy Act in 2016, said DeWare. The country's highest court ruled legislative language must be interpreted restrictively when determining if solicitor-client privilege may be set aside. Act not explicit, judge rules "While I appreciate the [auditor general's] argument, the addition of the words 'confidential and private' to section 13 indicates an expanded scope to the information which could be sought, it falls short of explicitly stating an intention to have access to 'privileged' documents," DeWare said. She pointed out that with the 2014 amendments, the legislature didn't adopt the "explicit" language of Nova Scotia's Auditor General Act — "solicitor-client privilege, litigation privilege, settlement privilege and public interest immunity." "The language of the Nova Scotia statute could not be any clearer." Section 13 (a) of the New Brunswick act "does not grant the Auditor General the authority to require production of documents or information which are properly subject to a solicitor-client or litigation privilege," DeWare ruled.
CTV News
15 minutes ago
- CTV News
Sask. aiming to stop aquatic invasive species with inspection stations
This undated file photo provided by the U.S. Department of Agriculture, shows a group of zebra mussels. (AP / U.S. Department of Agriculture) Saskatchewan is aiming to keep aquatic invasive species (AIS) out of the province and will have inspection stations set up until October along highways and near bodies of water. 'If you are transporting a watercraft and see an active inspection station, you must stop – it is the law,' Environment Minister Travis Keisig said in a news release. AIS refers to plants, fish, invertebrates and diseases that are not natural in a particular area and negatively impact the environment, economy and society, the province says. In Saskatchewan, well known AIS include zebra and quagga mussels, which the province says have not been detected in recent years. The province says people can avoid spreading AIS by knowing what to look for, with a list available on its website. Residents are also encouraged to follow Saskatchewan's clean, drain and dry guidelines for watercraft, trailers and equipment. Following those guidelines is one of the best ways to prevent the spread of AIS in Saskatchewan, the province said. 'Every year, our watercraft inspection staff intercept various types of watercraft, from kayaks to sailboats, carrying invasive mussels. We also decontaminate many watercraft coming into the province from high-risk areas that are not properly cleaned, drained or dried,' Keisig said in the release. More information can be read here.
CTV News
18 minutes ago
- CTV News
Canadian veteran's family wins compensation for cancer linked to asbestos on military ships
The spouse of a deceased Canadian military veteran who was diagnosed with prostate cancer 45 years after leaving the service has been granted full disability benefits after a Veterans Review and Appeal Board panel found his condition was caused by exposure to asbestos aboard navy warships. The panel's decision overturned an earlier ruling by Veterans Affairs Canada that had denied the spouse's claim for benefits for service-related injuries. The late veteran, who was not identified in the panel's May 21 decision, served in the regular forces from 1955 until 1979, and died last year at the age of 86 following his diagnosis of metastatic prostate cancer. Read more: Canadian soldier wins compensation for cancer linked to burn pits after Veterans Affairs denied claim When the veteran filed his benefits claim last April, he told Veterans Affairs he had served as a marine engineer aboard warships and was not provided any safety equipment while working in areas containing asbestos, according to the appeal panel's summary of his claim. The spouse testified that the veteran was an otherwise healthy and active non-smoker, with no known history of cancer in his family. He worked 24 years in the boiler rooms of naval vessels and told his spouse that 'when they would go to bed on the ship, they would lift the blankets and see a layer of dust rise from the blanket.' The appeal panel found there was no disputing that the veteran's cancer constituted a permanent disability. The only question was whether the illness was caused or aggravated by his military service. 'Everything around me was asbestos' The panel considered the veteran's own statements to Veterans Affairs, in which he described the condition of the Second World War-era frigates on which he worked as 'deplorable.' 'Everything around me at all times was asbestos,' he said. 'There were probably more carcinogens that I was exposed to (than) I'm aware of.' The panel found the veteran 'is presumed to have been exposed to asbestos on ships' and noted that Health Canada recognizes that breathing in asbestos fibres can cause cancer and other diseases. It also considered an article from the Canadian Cancer Society's website stating that it 'often takes decades after exposure for an asbestos-related cancer to develop.' The panel concluded prostate cancer is often especially slow to progress, with few if any symptoms until its most advanced stages. 'The panel finds it reasonable to conclude the late veteran's exposure to asbestos during service increased their risk of developing prostate cancer, which eventually resulted in their condition of metastatic prostate cancer,' the two-member appeal board panel ruled, awarding full disability benefits entitlement to the spouse effective immediately. 'The panel is grateful for the late veteran's service and extends their condolences to their surviving spouse.'
