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Yukon Ombudsman Diane McLeod-McKay

Ombudsman to investigate school controversy

The list of investigations into the sexual abuse scandal at Hidden Valley Elementary School grew by one Monday afternoon.

By Tim Giilck on October 26, 2021

Revised - The list of investigations into the sexual abuse scandal at Hidden Valley Elementary School grew by one Monday afternoon.

The Yukon Ombudsman, Diane McLeod-McKay, announced she will investigate a complaint received earlier this month from a parent of a child at the school.

A news release issued by her office says the complaint “alleges that the failure by officials and employees of the Department of Education to inform parents of children attending the school until 21 months after learning about the abuse of a student by an educational assistant (EA) at the school was unfair to students at the school and to their parents.”

The complainant notes that this failure meant that other alleged child victims who have since been identified did not receive the necessary parental and professional supports in a timely manner.

“A complaint of this seriousness requires me to carefully consider its merits,” said McLeod-McKay.

“Given the fundamental need to protect the health and safety of our children in school, I am launching an Ombudsman investigation.”

The release stated the Department of Education and the complainant were sent notices of the investigation last Thursday.

“I am aware that the Yukon Ombudsman has launched an investigation,” Education Minister Jeanie McLean said in a short statement to the Star.

“We will be co-operating with the investigation.”

It will look at whether students of the school and their parents were treated unfairly by the department or school officials as a result of the parents not being informed until August 2021 about the abuse of a student by an EA working at the school.

The department learned about the abuse in or around November 2019, when he was charged with (and later convicted of) sexual interference involving a child.

McLeod-McKay’s investigation will also look at whether the Department of Education had an obligation to inform the parents or if a law prohibited this communication, including the effect of a court-imposed publication ban.

The government has recruited an Outside lawyer, Amanda Rogers, to conduct an independent review, and Annette King, the territory’s Yukon Child and Youth Advocate, is pursuing her own review.

The focus of King’s work, said the statement from McLeod-McKay’s office, “appears to be on the responses by both the Departments of Education and Health and Social Services to the abuse allegations, so that the Advocate can provide advice on ensuring that appropriate processes are in place and are followed in all schools.”

Rogers’ terms of reference “identify that she will look at internal and inter-departmental processes around operations, including police interaction, as well as the reporting and communication of serious incidents in Yukon schools,” McLeod-McKay’s statement noted.

“It may be that my investigation could overlap with other aspects of the Advocate and the government reviews, but I’m confident that my focus, together with my investigative independence and the power to compel the production of evidence, will serve the public interest at stake,” said McLeod-McKay.

On completion of the investigation, the Ombudsman will provide a report to the Department of Education, including any findings and recommendations.

She will also inform the complainant about her findings and recommendations.

In addition, since the matter is in the public interest, McLeod-McKay will issue a special report to the Yukon legislature.

The RCMP are also conducting a review of their investigation into the situation. Local Mounties have apologized for not investigating whether other children had been potentially victimized at the school after the ex-EA was charged in 2019.

Meanwhile, Yukon Party MLA Brad Cathers is calling for the resignation of deputy premier Tracy-Anne McPhee, who was the Education minister from late 2016 until earlier this year.

On Monday, he introduced a written notice of motion to the legislature making the request. The motion was a terse two-line document:

“THAT it is the opinion of this House that the Deputy Premier should resign from Cabinet due to her mishandling of sexual abuse at Hidden Valley Elementary School.”

It was scheduled to be debated in the house this afternoon.

On Tuesday, the Star asked McPhee to comment on the motion – but instead received an equally terse response from Premier Sandy Silver via email: “I have absolute confidence in minister McPhee.”

NDP Leader Kate White is calling for a public inquiry into the scandal. She gave notice to the legislature on Monday that she intended to table the following motion:

“THAT this House urges the Government of Yukon to establish a public inquiry into the handling of the sexual assault at Hidden Valley Elementary School from 2019 to 2021 that will be tasked with reviewing information and recommendations on:

(1) decisions made around the communications to parents by the Department of Education, the Department of Justice, and the Department of Health and Social Services;

(2) communications between the former minister of Education and the current minister of Education and their staff; and communications and decisions made once the information regarding the sexual abuse became public in the media in July 2021.”

Comments (8)

Up 10 Down 4

Cameron on Oct 27, 2021 at 7:21 pm

@Brenda - you are so right this is a complete repeat of the group home scandal. The ombudsman is the ONLY true independent and transparent reviewer in this cast of very shady characters. Everyone but the Ombudsman has an agenda. Minister McPhee if you had an ounce of integrity you would resign, if our Premiere had any other interest but his own he would demand resignations of the former Minister and current Deputy Minister. Alas, no such care, concern or integrity exists in the Yukon, government or its Premiere - disgusting, go have celebratory drinks with the “survivors” of the group home scandal all alive and thriving in government jobs.

Up 3 Down 1

Human Person on Oct 27, 2021 at 5:02 pm

A step in the right direction after fumbling that ball for negative yardage.
Progress?

Up 6 Down 4

Martin on Oct 27, 2021 at 4:36 pm

This Liberal Govt is not transparent or truthful in this disgusting and shameful coverup of this sexual abuse of these young students in Hidden Valley School from 2019 until 2021. If Sandy Silver has absolute confidence in his education Minister then he should resign as well and the NDP who are propping up and supporting this non-transparent Govt should look at themselves and ask themselves is it worthwhile

Up 20 Down 4

Brenda on Oct 27, 2021 at 11:21 am

The Ombudsman is really the only “independent” one of this bunch. The independent reviewer was hired by the government. The Child advocate is only concerned with optics and as she told CBC does not want to be “sidelined”. Does this not all seem familiar? The group home scandal- government hired Pam Constanza then didn’t release the report citing confidentiality, the Child Advocate was told to do a report by the Deputy Minister who ultimately was allowed to resign and the Ombudsman who actually was independent found wrongdoing and as I understand it is still fighting with the government to get cooperation for a reprisal investigation related to the group home scandal. Yep sounds very very familiar.

Up 19 Down 1

Groucho d'North on Oct 27, 2021 at 9:45 am

Yet another investigation for some aspect of this sad abuse of children in government's care. I'm sure there will be some good to result from this particular investigation, but I doubt it will produce the answers parents and the Yukon public want to know now: Why was the public not informed of these violations in an expeditious manner? Why was this important information withheld? Now the growing question appears to be: Why is this government so desperate to hide the simple facts away from Yukoners? Let's have an investigation into that one and only question.
I have a motion for the Legislature: Government ministers shall no longer be called Honorable until they have earned the title through their deeds and engagement with the Yukon electorate. Do the honorable thing Ms. Mcphee.

Up 13 Down 3

Groucho d'North on Oct 26, 2021 at 4:43 pm

I believe one of the key issues to be resolved is where the line is for Departmental responsibility and when the Cabinet authority is required to deal with an issue. Does the department speak to matters of the Criminal code or is that reserved for the big table of ministers? Lately I get the sense that Premier Silver and his cohort are attempting to push this responsibility down to the department so they can take the heat where it will not involve the Cabinet members. I doubt the members of Cabinet did not know about this matter as soon as it became an issue for the department, as a violation of this scale gets punted to the top offices quite quickly. It appears there is some effort by somebody in the executive to blur the difference between Responsibility and Accountability. More smoke and mirrors here folks.

Up 56 Down 9

Amos Westropp on Oct 26, 2021 at 3:15 pm

Why do we need three independent investigations? This seems clumsy and overly bureaucratic. Oh ya I forgot I live the Yukon.

Up 58 Down 5

Dave on Oct 26, 2021 at 2:54 pm

Oh good, I wonder how many government ministers and departments won’t co-operate with her and will stonewall this investigation like they’ve repeatedly done in the past?

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