Friday, March 27, 2009

Budget and floods elbow Brian Sinclair questions off MSM radar

This past week, Premier Gary Doer paid tribute to the former Winnipeg Free Press legislative columnist Arlene Billinkoff, who had just passed away.

"(She) provided a lot of accountability for all members... because of her long institutional memory.", Doer told the Free Press. "I enjoyed reading her columns before I was in politics and respected her column after I was in politics."

Her forte, said former writing colleague Gerald Flood, was "as a writer of record rather than a reporter of news. She would exhaustively research her columns to ensure she had the whole story. It often meant that her columns appeared after much of the news had played out, but they also were always the best single source of information on a issue."

How fortunate indeed for Doer's government, that the latter-day version of the FP does not have the same commitment to research and being "the best single source of information" on the Legislature, that they lauded in Arlene's Under the Dome columns.

If it did, then readers would not only have been reminded about the Brian Sinclair emergency room death as a backdrop to a budget announcement.

http://www.winnipegfreepress.com/local/province-pledges-6m-for-ers-41963852.html


"One month after health officials came under fire for their botched explanation of Brian Sinclair's death, the province announced it will shell out close to $6 million to "strengthen" Manitoba's emergency rooms."

Despite recognizing the role of the Sinclair death as a motive for the ER improvements, the Freep failed to report the latest on the other side of the equation-

"In February, senior Winnipeg health officials and Health Minister Theresa Oswald incited public outrage for their explanation of the man's death. Security tapes released by the province's chief medical examiner revealed Sinclair did approach the triage desk."

So focused was the Free Press and other MSM outlets on the provincial budget, and the flooding crisis hitting North Dakota and Manitoba, no coverage was given to the issue of accountability for the "explanation" of his death that was left on the record in the House.

On Wednesday, both the Conservative opposition and Liberals asked hard questions of Premier Doer and Oswald for the public outrage their conduct of the file generated in February.

Rather than set the record straight as asked, the smear against Sinclair- that he did not seek help from the triage desk - remains the official record in Hansard.

Instead, the government ducked the issue and twisted the questions of the opposition, hiding behind "taking responsibility" for every other aspect of the case EXCEPT for the lies about Sinclair repeated in the House -- even after the Minister had received the internal review that refuted the version that sinclair was to blame for his own fate.


Or they tried to hide behind the notion that the remarks could be viewed as "preliminary" and should be revisited AFTER the judicial inquest that in all likelihood, will not even examine how the circumstances that resulted in Sinclair's death being distorted for months to the media and public by the WRHA and Health Minister.

Since no one in the MSM thought about following up on the public outrage, we will.

Here are the relevant portions from Hansard for Wednesday, March 25th, about Brian Sinclair (oh, and there's more about the brown envelopes as well):

Oral Questions
Brian Sinclair Death
Government Response to Subsequent Reports


Mr. Hugh McFadyen (Leader of the Official Opposition): Today is the first time the House has sat since the disclosures around the final tragic hours in the life of Brian Sinclair who was left to wait 34 hours in the emergency room before tragically passing away at Health Sciences Centre.

Mr. Speaker, the Premier, his Minister of Health (Ms. Oswald) and some of their officials repeated over and over again statements that later turned out to be false with respect to the circumstances leading up to Mr. Sinclair's death.

I want to ask the Premier if he wants to take the opportunity today to apologize for those statements and to set the record straight out of respect for Mr. Sinclair and his family.

Hon. Gary Doer (Premier): Yes, Mr. Speaker, out of respect for Mr. Sinclair, I would repeat what I said last September, that this was a tragic incident that took place in our health care system.

It was a preventable death. We accept responsibility, and for that, Mr. Speaker, we certainly are responsible to Mr. Sinclair and his family.

The facts are very straightforward in terms of what we said in the House, and, Mr. Speaker, our concerns, as they were in September, remain today, that this is a death that should not have taken place in the health care system. That's what I'd like to reiterate to the people of Manitoba again today.

Mr. McFadyen: Well, Mr. Speaker, if he had left the comments at that in the immediate aftermath of the death, then it would be a very different story. We might be able to accept today's comment without further question.

But the reality, Mr. Speaker, is that he and his minister went out on a campaign to create the impression that Mr. Sinclair didn't ask for help when he went to the emergency room. They said he didn't approach the triage desk. They said that the emergency room wasn't visible from the triage desk. They said that Mr. Sinclair wasn't somebody known to be in need of help.

We know it was all untrue now, Mr. Speaker. Why not just apologize for those falsehoods, set the record straight, in order to properly pay tribute to Mr. Sinclair and the tragic circumstances surrounding his preventable death.

Mr. Doer: Mr. Speaker, we took responsibility in September 13 times in Hansard, at least I did, and the Minister of Health (Ms. Oswald) did it beyond that.

Mr. Speaker, on 10 occasions I said that this was a preventable death.

The member opposite is trying to frame different statements in such a way to mislead what happened in Hansard. He'll take a word here and a word there, Mr. Speaker.

As I said, 13 times I stated it was a preventable death. The Minister of Health did the same thing.

We also stated, and I also stated, that the death was preventable. I said it was a tragedy 30 times in the House in September, and it was. I repeat it today, and, Mr. Speaker, we have said, even within days of this incident taking place, it was a preventable death.

I recall raising questions about baby death operations that took place in the Children's Hospital, and six years later we still haven't had a member responsible for that issue take responsibility.

Mr. Speaker, obviously, we feel that it was a tragedy, it was preventable, and we've said so over and over and over again, and I'm perfectly prepared to say it again in the House.

I'm prepared to say it on the next question in the House. I'm prepared to say it in the further questions in the House and will continue to do so, Mr. Speaker.

* (13:50)

Mr. McFadyen: Mr. Speaker, we all agree that it was a tragedy. There's no dispute over that point. These hollow words coming from the Premier with no action to actually address what happened and no apparent concern for the fact that he and his minister deliberately went on a campaign to create the impression and the media in this House and through the public of Manitoba that Mr. Sinclair didn't do enough to let the people at the Health Sciences Centre know he needed help; we know he was crying for help. He went to the triage desk. Security guards went on his behalf. They didn't disclose those facts until it came out through Dr. Balachandra.

Will he apologize for creating the impression that Mr. Sinclair didn't do enough when, in fact, Mr. Speaker, he was asking for help?

Mr. Doer:
Mr. Speaker, if the member opposite wants to apply for the counsel for the judicial inquest, he's quite entitled to do so, but the member opposite raises a question about what action took place following the tragedy and the death and the preventable situation at the Health Sciences Centre.

Mr. Speaker, we didn't wait four, five years. We took action right away. The Minister of Health (Ms. Oswald) took action through the Winnipeg Regional Health Authority.
I would point out that the first point of entry for Mr. Sinclair was at the Health Action Centre. Mr. Sinclair saw a doctor and a nurse. That referral did not go in a formal way to the Health Sciences Centre emergency room staff. We changed that protocol.

The member says no changes were made. He's wrong. Changes were made. In fact, Dr. Balachandra said that these are good steps forward when he was commenting to the media on September 24, 2008. So to say that no action was taken is wrong, Mr. Speaker. Dr. Balachandra confirms action was taken, and it took place at the first point of entry of Mr. Sinclair where things went tragically wrong.

Brian Sinclair Death
Government Response to Subsequent Reports


Mrs. Myrna Driedger (Charleswood): Mr. Speaker, this Minister of Health has ducked her responsibility and her accountability every step of the way as it relates to Brian Sinclair. First, she misled the public about what happened to Brian Sinclair, saying that he never presented to triage. Then, a month after his death, when she received the administrative report, the report said that he did present to triage, but the minister never corrected her record.

Can I ask the Minister of Health: Why, at that time, did she not correct the record?

Hon. Theresa Oswald
(Minister of Health): I can say to the member opposite and to all members of this House that we know that when the tragedy involving Mr. Brian Sinclair occurred, the facts are as follows: a critical incident review was started immediately, started immediately upon the discovery of the tragedy of Mr. Sinclair, before the media reported the story, before members opposite endeavoured to politicize it.

We know that immediately after, within three days, an independent, judicial inquest was called, and we welcome that judicial inquest for all of the facts of the case to come out. We know within four days, the RHAs were directed to change protocols. That's happened, Mr. Speaker.

Mrs. Driedger: Mr. Speaker, the Minister of Health doesn't seem to understand that under ministerial responsibility, she should have corrected the record. Instead, she sat on the truth for five months and continued to make and allow misleading statements to be made about Brian Sinclair's death. It became an ER cover-up.

So I'd like to ask the Minister of Health: Can she tell us why she sat on the truth for five months?

Ms. Oswald: Mr. Speaker, I'll say again clearly for the House. When the tragedy occurred, a critical incident review was taking place immediately. Incidentally, a review that took place as a result of legislation that we put in place that members opposite supported, that within four days, we directed the regional health authorities to change their system to identify any patients that might be waiting in an emergency room waiting area. Within five days, we established a new protocol to ensure that phone calls went from community clinics to emergency rooms. Within eight days, additional staff was added to HSC.

We've said from the beginning that we want all the facts in this case to come out. That's why we support the independent judicial inquest that's going to go forward. We want all the facts to come out and we've said so from the beginning, Mr. Speaker.

Mrs. Driedger: Mr. Speaker, the Chief Medical Examiner got so fed up and frustrated with the government's spin and misleading statements that he did something unprecedented: He put out a news release so that the truth would be put out there.

The Minister of Health was then caught. Did she demonstrate ministerial accountability? No, she did not. She went into hiding instead and refused to speak to the media. So can this minister tell us: Why did she go into hiding and refuse to speak with the media about this very important issue?

Ms. Oswald: Mr. Speaker, as the Premier (Mr. Doer) noted earlier today, immediately on this side of the House we took responsibility for the tragedy that happened to Mr. Sinclair. I think a decade has passed since the tragedies of the pediatric cardiac deaths. We've never heard one member opposite take responsibility for that.

Further, Mr. Speaker, we took action to ensure that this tragedy would not happen again. Do you know what a responsible Minister of Health would not do? He wouldn't blame the front-line workers. He wouldn't say in The Globe and Mail that the front-line workers could have had flashing lights on their head and they wouldn't have done anything.

I'm sure a responsible Minister of Health would never say that about nurses, about doctors, about health care aides, certainly not this one.

Brian Sinclair Death
Government Response to Subsequent Reports

Mr. Speaker: The honourable Member for Charleswood, on a new question?

Mrs. Myrna Driedger (Charleswood): On a new question, Mr. Speaker.

Mr. Speaker: The honourable Member for Charleswood, with a new question.

Mrs. Driedger: Mr. Speaker, this Minister of Health has ducked her responsibility and ministerial accountability every step of the way; instead now we have an ER cover-up.

She misled the public at the beginning. When she found out the truth months later, she failed to correct the record and continued to blame the patient for his own death. She sat on the truth for five months. She went AWOL instead of facing the media with some very, very significant questions that needed to be answered.

So we would like to ask this Minister of Health: Can she please explain her irresponsible behaviour as a Minister of Health?

Hon. Theresa Oswald (Minister of Health): I'll tell the member opposite again what a responsible Minister of Health does. A responsible Minister of Health ensures that there are critical incident review systems in place, check. A responsible Minister of Health ensures that immediately an investigation goes into place to find out what can be changed, like, for example, changing the process in the ER waiting room to identify all people, like, to change the protocol to ensure that phone calls are made from community clinics.

A responsible Minister of Health does not blame front-line workers like all the members opposite.

Mrs. Driedger: Instead, Mr. Speaker, she blamed the patient.

Mr. Speaker, this Minister of Health, when she stood up and made comments about her health care system being stellar, it was only hours after she had heard that Brian Sinclair died in an ER waiting room, and that's the minister that stood up and said she had a stellar health care system.

Art Schafer, an ethics professor at the University of Manitoba , said and I quote: The failure of the victim to approach the triage desk was the centrepiece of the story they fed to the public. If they knew it was false at the time they perpetrated it or if they discovered the truth and subsequently didn't correct the record, they are guilty of failure of openness, failure of honesty.

This minister is guilty of those accusations and we would like to ask her to explain: Why has spin become more important to her than patients?


Ms. Oswald: Mr. Speaker, the most important thing to me, and I believe for every member in this House, is to find out what went so tragically wrong on the day that Mr. Sinclair died. That is the most important thing.

It was a tragedy. It was preventable. We are going to welcome Chief Judge Wyant's inquest so that all of the information can come out, every bit of information which we have said we wanted from the beginning.

You know, the member opposite talks about quotes from the paper. A doctor from the Winnipeg Regional Health Authority recently referred to the Tory Health critic as either having a profound ignorance of health care delivery or a disturbing proclivity for fearmongering. Their quotes alarm, Mr. Speaker.

Some Honourable Members: Oh, oh.

Mr. Speaker: Order. Let's have some order. The honourable Member for Charleswood has the floor.

* (14:00)

Mrs. Driedger: Mr. Speaker, we're speaking about a situation where a patient died under this government's watch after waiting 34 hours in an ER without care. So what the minister stands up here and says are absolutely hollow words. Her actions throughout this whole process have spoken louder than anything she has said, and we've got an ER cover-up.

What did we get from this minister? We've got a lot of spin, but we've got zero leadership, zero accountability and zero responsibility. So can she tell us why she deserves to be in this high position? Does she feel she's entitled to be in this position of trust by the public when she is failing the public every step of the way as it relates to the death of this man?

Hon. Gary Doer (Premier): Mr. Speaker, I would contrast the accountability and responsibility that took place with this minister, with this tragedy, over the tragedy that took place in the 1990s where nobody accepted responsibility, nobody said it was a preventable death, nobody would answer a question. In fact, it took five years later for the 12 families to get an apology from the member from Seven Oaks.

Now, yes, a tragedy took place. Did the minister say no tragedy took place? No, she said a tragedy took place. Did the minister deny that it was a preventable death right away with preliminary information? No, she said it was a preventable death. Was action taken to make sure that this did not happen again? Yes. Did the Chief Medical Examiner say that action taken were the right steps forward? Yes. I am proud of the Minister of Health.

Brian Sinclair Death
Government Response to Subsequent Reports

Mr. Hugh McFadyen (Leader of the Official Opposition): Mr. Speaker, four months after the Minister of Health and Premier received the facts from their officials about what happened with Mr. Sinclair, and they learned that he had been vomiting in the emergency room, that security guards had been looking for help, that he approached triage, four months later, the Minister of Health told The Globe and Mail that, in her view, the outcome of the inquest was going to be that they were going to conclude that Mr. Sinclair died as a result of kindness. This is what the Minister of Health told The Globe and Mail.

Does the Premier share his minister's view that Mr. Sinclair died as a result of kindness or does he live here on planet Earth with the rest of us?

Hon. Gary Doer (Premier): The advantage of Hansard , Mr. Speaker, is that there is a record of what we said with preliminary information a couple of days after the tragedy became public. We made a number of statements. There is a choice at that point to just say, we'll wait for the judicial inquest until we comment, as was the case in the 1990s, or there is a fundamental choice to accept responsibility in terms of the general situation and accept responsibility for a preventable death. We choose to accept responsibility. The minister choose to accept responsibility.

Within three days of the tragedy, we've all said that this was a preventable death at the Health Sciences Centre. We didn't say you had to wait for an inquest, Mr. Speaker. Now we are more than willing and accountable to take the comments we said, within a day of the tragedy taking place, within two days of the tragedy taking place, and compare the results and findings for the judicial inquest. We want to take all the facts, there will be cross-examination, there'll be evidence presented and the judge will make a decision and a determination. At that point, we are more than willing to take what we said and take what members opposite said and look at what we said in a preliminary way.

If the members opposite want to join up with a judicial inquest, if they want to apply for jobs, if he wants to apply for a job to be the general counsel of the judicial inquest, he's quite welcome to do it. Go ahead, apply for the job. The judge may or may not hire you, I don't know. But, Mr. Speaker, I do know that a judge will make the decision and we will be judged by a judge, not by members opposite.

Health Care Services
Accountability


Mr. Hugh McFadyen (Leader of the Official Opposition): The problem with that rant, Mr. Speaker, is that his minister has already concluded that Mr. Sinclair died from kindness. She's already prejudged the outcome of the inquest. I don't know how anybody in their right mind could reach that conclusion based on what we know about the tragic final hours of Mr. Sinclair's life.

In addition to that tragedy, Mr. Speaker, we have heard from literally hundreds of Manitobans who have had terrible experiences in emergency rooms across the province, those that remain open, Mr. Speaker. We've heard tales of highway medicine, and we found out, around the same time that the facts came out about Brian Sinclair, that the Department of Health has a policy of allowing brown envelopes in the context of its tendering. The Minister of Health (Ms. Oswald) endorsed that policy. She said Mr. Sinclair died from kindness, brown envelopes are allowed in the tendering process, and that she's doing a stellar job days after learning about Mr. Sinclair's death.

How are they going to clean up the rot at the top of the health-care system when they don't even appear to be in touch with the reality of what's going on on the ground?

Hon. Gary Doer (Premier): Well, Mr. Speaker, we heard over and over again, in the last few weeks, about our record on health and the members opposite's record on health, and that's why it's always good to have this accountability.

Mr. Speaker, I would also point out that the article gives the impression that there's cash in envelopes. I know members opposite are sensitive to that, given the allegations against–well, not allegations–with the confirmations of the former Conservative Prime Minister, Brian Mulroney.

I understand, Mr. Speaker–

Some Honourable Members: Oh, oh.

Mr. Speaker: Order. Let's have a little decorum.

Mr. Doer: I have been advised–and the facts may come out differently with the Auditor General–but I have been advised that there was no, quote, cash in envelopes. I am aware in other tender processes, we always hear that the bids in tender processes are sealed and opened at the same time to ensure, whether it's in the Department of Highways, or whether it's bridge construction, or whether it's applying for a capital works in health care, you know, a number of times I've been involved where envelopes are sealed and opened at the same time so there can't be any allegation that bids are submitted, and then a lower bid is submitted and then there's a question of whether somebody had inside information.

So a sealed-bid proposal is something that I know that is often used by many public entities to ensure the integrity of the tendering process. We'll wait for the Auditor General again. The member opposite–I don't know whether he's condemned the Auditor General–I know most other officers of the Legislature he's condemned, but, oh, yes, I guess he has done that, too. But we'll wait for the Auditor General to report, Mr. Speaker.

Health Department
Call for Replacement of Minister of Health


Mr. Hugh McFadyen (Leader of the Official Opposition): Mr. Speaker, the fact is that it was the CFO of the health authority who said that we get cash in brown envelopes. We open the brown envelopes after the bids. Sometimes there's cash; sometimes there's nothing at all. Oh, we get together and find out what the prize in the brown envelope is after the bid. That was the CFO of the Winnipeg Regional Health Authority that said that on the record, and it's endorsed by his Minister of Health (Ms. Oswald).

In addition to that, Mr. Speaker, we have highway medicine around the province. We have a Minister of Health who misleads the public about the worst ER tragedy in our history, and we have a Minister of Health who has prejudged the Brian Sinclair inquest by already concluding that he died as a result of kindness.

Mr. Speaker, before any other Manitobans are killed by the kindness of the NDP, will he replace his Minister of Health with somebody who Manitobans can have faith in?

Hon. Gary Doer (Premier): Mr. Speaker, the answer to the question is no. Furthermore, he's wrong on all the facts in all his allegations. He's always wrong. He frames one word here and one word there and one word over there.

Mr. Speaker, let's deal with the facts. The member opposite said in this House, in 2006, that the rainy day fund in Manitoba would be fully drained in three years. Well, tonight, if the rainy day fund isn't drained, will he resign?

* (14:20)

Brian Sinclair Death
Government Response to Subsequent Reports


Hon. Jon Gerrard ( River Heights ): Mr. Speaker, the Premier has indicated that he has accepted responsibility for the death of Mr. Sinclair, and we in this House actually all know that the Premier, because he's done such a very poor job of running health care in this province, is the one responsible.

But, Mr. Speaker, the fact is that it was critical to understand quickly what went wrong and to correct it, and, yet, we waited many months for Dr. Balachandra to carefully review the tapes from the Health Sciences Centre emergency room before the basic details of what happened were known.

I ask: Why did the Minister of Health (Ms. Oswald) so badly fail Manitobans in not acknowledging the basic facts of what happened until Dr. Balachandra uncovered the truth?

Hon. Gary Doer (Premier): Well, Mr. Speaker, the basic facts on a preliminary basis were stated in this House that it was a preventable death. We took responsibility. I would point out that the first point of entry of Mr. Sinclair to the health-care system was not at the Health Sciences Centre; it was at the Health Action Centre where Mr. Sinclair was seen by a doctor and a nurse and the information was not formally transferred by protocol to the Health Sciences Centre. We took and changed that protocol and Dr. Balachandra has commented that it was a positive step forward.

Mr. Gerrard: Yet, when we look back at the painful last 34 hours of Mr. Brian Sinclair, desperately sick and vomiting in the Health Sciences Centre emergency room as recorded on that video, we see that the Premier and the Minister of Health are continuing to say, well, at some point in the future we're going to find out what happened because the inquest is coming. Well, you know, that's months and months away yet and while we wait months and months yet for some of these answers, the Premier and the Minister of Health continue to stonewall and to block the road to a better understanding and to improve functioning of the emergency room.

I ask: Why do the Premier and the Minister of Health continue to play cover-up and hide?

Mr. Doer: The member opposite uses the word "cover-up." I don't think anybody else has had their convention throw all the media out. He has no business lecturing this House, Mr. Speaker.

Some Honourable Members: Oh, oh.

Mr. Speaker: Order. I would like to remind members that when the Speaker is standing that all members should be seated and that the Speaker should be heard in silence. I've been standing and I've been saying order and the members are ignoring the instructions of the Chair. There is a penalty for that. So I'd be very, very careful in the future.

Mr. Gerrard: We are all too aware of those painful last 34 hours of Mr. Brian Sinclair, desperately sick and vomiting, recorded on video. As we all know, he came to the emergency room; he waited those 34 painful and desperate hours for the help which never came, and we are still waiting for answers.

I ask the Premier: Is he going to keep his Minister of Health in her present position until we get some of these answers or is he going to shuffle the Minister of Health in order to further cover up the situation and keep her from answering questions?

Mr. Doer: The information has been fully available to the public through our answers in a preliminary way in September. The first point of entry, Mr. Speaker, the members opposite forget to mention or ignore or omit to mention that the first point of entry was at the Health Action Centre. We've admitted that. We've admitted it broke down at the Health Sciences Centre. We said it was a preventable death. We said it was a tragedy. We took responsibility. All of the material was sent to the Chief Medical Examiner. It wasn't covered up. The inquest was requested and it will take place with a judge, and we'll be accountable for the judge's findings.

We hope that the action that the minister took last fall initially is deemed by the judge to be the proper steps. I'm sure there'll be other action that will be taken after cross-examination takes place. But what happened was a tragedy, and we've said that.

What happened at the Health Sciences Centre should not have happened. We've apologized for that. Why it happened and whether the procedures we've put in place could prevent that in the future, we'll await the judicial inquiry. We have taken preliminary steps. The Chief Medical Examiner said those are positive steps forward.