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Justice Ron Veale and chief coroner Kirsten Macdonald

Coroner defends not calling for inquest

The Yukon’s chief coroner says a Yukon Supreme Court judge had no authority to override her decision not to hold an inquest into the death of Cynthia Blackjack.

By Emily Blake on August 16, 2017

The Yukon’s chief coroner says a Yukon Supreme Court judge had no authority to override her decision not to hold an inquest into the death of Cynthia Blackjack.

Legal counsel for chief coroner Kirsten Macdonald recently filed reasons for the appeal of Justice Ron Veale’s decision with the court.

They argue that Veale erred in his interpretation of the Yukon Coroner’s Act, and that the case should have been addressed through judicial review.

Blackjack, 29, died in November 2013 while being medevaced from Carmacks to Whitehorse.

In March of this year, Veale ruled that an inquest be held to examine the role that systemic racism may have played in her death.

He found that Macdonald had taken a “very narrow interpretation” of the Coroner’s Act when she decided against the inquest.

Macdonald, however, says she concluded an inquest was unnecessary based on findings from a thorough investigation.

“She made the decision after balancing a number of concerns, including avoiding adverse reflections on the memory of Cynthia Blackjack and the privacy interests of her family,” read the appeal documents.

It adds that Veale “made an unsolicited, unsubstantiated and unfortunate comment implying a presumed bias and/or lack of impartiality and independence on the part of the chief coroner.”

Following Blackjack’s death, Macdonald began the investigation. It included findings from forensic experts and interviews with people who had seen Blackjack on the day of her death.

On Aug. 4, 2014, she concluded that Blackjack’s death was “natural” and the result of multi-organ failure due to hyperacute liver failure.

She noted that Blackjack had a history of struggling with alcoholism.

The investigation, however, did not identify Blackjack as a First Nations woman.

Macdonald claims that throughout the investigation, no one had made allegations to her about discrimination in the delivery of health care services in Carmacks.

But following her ruling, she received a request from the Little Salmon-Carmacks First Nation (LSCFN) and Theresa Anne Blackjack, Cynthia’s mother, to hold an inquest into the issue.

There were a number of concerns with Blackjack’s care. 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.

Macdonald responded that an inquest was not necessary.

The appeal claims that this decision did not impact any individual’s legal rights nor interests.

On Oct. 1, 2105, LSCFN and Theresa Anne Blackjack filed a petition seeking a judicial review of Macdonald’s decision.

In November 2016, this was amended to request that a judge order an inquest under section 10 of the Coroner’s Act.

Under this section, if the chief coroner or a judge has reason to believe that a person died under circumstances that require an inquest, they can direct that one be held.

The appeal claims this amendment was a “collateral attack” aimed at circumventing the normal judicial review process.

And it says that had a judicial review been conducted, it would have found that Macdonald had used her discretion as chief coroner, and a judge could not override her decision.

While judges and the chief coroner share some powers under the act, the appeal argues that the jurisdiction of the coroner far outweighs that of a judge.

“There is nothing in the act to suggest that the powers granted to a judge exceed those of the chief coroner, or are supervisory over the chief coroner,” it states.

Powers shared between a judge and the chief coroner include:

• directing that an inquest or investigation be held outside the usual geographic location;

• allowing an inquest be held without disinterring or bringing back a body already transported out of the Yukon;

• permitting an inquiry or inquest without viewing the body;

• permitting a post-mortem examination without an inquest;

• allowing an inquest to be recorded in shorthand and transcribed; and

• ordering a second inquest where a coroner’s jury disagrees on the verdict.

The appeal claims that the legislature intended for a judge’s powers to be exercised when the chief coroner is absent or unavailable and that a judge’s jurisdiction is limited to judicial review.

If decisions like Veale’s interpretation of these areas of shared power are allowed, the appeal alleges it could lead to numerous cases where a judge could usurp the jurisdiction of the chief coroner.

“Such an approach would lead to chaos and uncertainty in the administrative regime under the act,” it says.

The appeal asks that Veale’s ruling be dismissed and Macdonald’s decision upheld.

The NDP has also raised concerns about the Yukon Coroner’s Act, saying that it is out of date.

During the spring sitting of the Yukon legislature, NDP Leader Liz Hanson raised the issue with Justice Minister Tracy-Anne McPhee.

Hanson said needed changes include broadening the requirements for mandatory inquests and providing for families, communities and the public to ask the chief coroner for an inquest.

The Department of Justice said updating the act is one of the plans under the Liberals’ five-year mandate, but it is not an immediate priority.

Comments (3)

Up 16 Down 5

Kj on Aug 20, 2017 at 7:44 am

Why don't the communities sponsor a selected local community candidate to go through nursing school with the contract of working in their own community as the community health nurse once graduated? Wouldn't that solve part of the claimed bias and racism that is claimed to be present?
I don't figure that it is a coincidence why it may be hard to get and retain non community members to serve in such a position.

Up 31 Down 6

jc on Aug 17, 2017 at 5:00 pm

Just Sayin, couldn't have put it better.

Up 55 Down 15

Just Say'in on Aug 17, 2017 at 11:10 am

Let me see. You cannot get Nurses to work in the communities. The ones that do you try and accuse them of racism and treat them badly. Maybe it is time to step up as a Nation and look after your own stuff. You are a Nation correct?

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