Whitehorse Daily Star

Government to update Coroners Act

In an effort the modernize legislation that the territory’s justice minister said has been neglected for far too long,

By Palak Mangat on July 17, 2018

In an effort the modernize legislation that the territory’s justice minister said has been neglected for far too long, the Yukon government is looking to review an act governing how suspicious, unusual or unexpected deaths are handled.

That act is the Coroners Act, which hasn’t been significantly updated since its inception in 1958, noted a release on the announcement issued last Friday.

Despite it being almost six decades, the act has not been majorly revamped – both in what it allows for on a day-to-day basis, as well as goals of what services it offers on a grander scale.

“It was something I worked with in my previous career and realized was probably not up to modern” standards, Justice Minister Tracy-Anne McPhee told the Star Monday.

McPhee, who also serves as the Education minister, has had stints as the territory’s ombudsman and information and privacy commissioner, after having worked in labour and criminal law (among others) for about two decades.

“The public deserves to have techniques and processes that are modern,” she said.

While adding that it may be premature to say what specifically some of those changes could be, Heather Jones, the territory’s acting chief coroner, said she hopes the new act will reflect a more current-day approach.

The existing act, Jones said, was written at a time when a jury could be put together for an inquest into a death just a day after the death became public.

Now, she said, there is a “need to incorporate the more necessary timelines involved within our investigations.”

Noting that remains can be sent out to cities like Vancouver for forensic autopsies, Jones added that at times, she may need “the better part of a year to make a decision on an an inquest.”

Meanwhile, the minister said supporting the role families play could also prove helpful when it comes to some of these inquests.

In areas like the Northwest Territories and Ontario, “they have provisions that allow family members a process where they can request an inquest,” even if a coroner hasn’t deemed it necessary, McPhee said.

Ultimately, she continued, the act “has just not kept pace with investigative changes and technological changes.”

The disposing and handling of unclaimed remains is just one example of a “huge hole in our current legislation that needs to be modernized,” the minister continued.

Jones agreed, pointing to the usage of the term “stenographer” as just a small sign of how dated the act is.

“That tells us what era it was written for.”

The release noted that allowing coroners to work in a professional, efficient and impartial service is critical – elements that may have perhaps been compromised under the existing legislation.

“I think they are compromised in the sense that it doesn’t allow us to work to our full extent of what’s required in investigations,” Jones said. She pointed to the simple inclusion of tools like cellphones as a step forward.

“The coroner has to stay at arm’s length from the government,” she said.

She added she hopes the survey will ask how to best achieve that “good balance to keep our independence and still be able to meet the needs of Yukoners.”

The public input, Jones continued, will likely focus more “on how the Coroners Services should be run as opposed to our investigative techniques.”

The qualification of a chief coroner and the powers they hold to call inquests - as well as who can preside over them - is something up for discussion, the release noted.

“There are also thoughts about how an inquest should be run and whether a legal person should appoint us as opposed to a presiding coroner,” Jones said.

For her part, McPhee commended the coroners for making the best out of a tough situation.

“Our current acting coroner and those before her have done an excellent job with an outdated piece of legislation,” the minister said.

The online survey will remain open until Aug. 24 after opening late last week.

“We’re not a moment too soon for addressing the concerns in the act, is my perspective,” Jones said.

“I sure hope we can meet the timeline – the timeline is tight.”

McPhee said some preliminary drafting has begun, and she hopes to table any amendments by the time the legislature reconvenes in October, with the aim to have it passed “in the very near future.”

Yukoners can access the survey through the Engage Yukon webpage here.

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