No cases being reinvestigated so far after Manitoba office slammed for dismissing claims of senior abuse
Independent expert felt 'confident' investigations 'were appropriately examined and scrutinized': province
A government-ordered review of a Manitoba agency charged with investigating abuse and neglect in health-care facilities has so far determined the probes were handled appropriately — in stark contrast to a scathing recent report by the auditor general that said the agency was dismissive of some claims.
Manitoba Auditor General Tyson Shtykalo released a report last July into the Protection for Persons in Care Office, which found that some allegations of personal care home abuse — including cases where criminal charges were laid — did not meet the office's high threshold for abuse.
Following that, the then Progressive Conservative government hired attorney Kimberley Gilson to re-examine some of the abuse allegations investigated by the embattled agency, which the Tories vowed to replace with an independent body to try and restore the trust of Manitobans.
Gilson "felt confident" the Protection for Persons in Care Office investigations she reviewed "were appropriately examined and scrutinized," so as of last week, "no cases were reopened," a provincial spokesperson told CBC News in a statement.
The now NDP government later added that Gilson still has "the ability to reinvestigate cases, pending new information," but "the decision remains with the independent investigator's office."
Gilson said she couldn't comment on her findings thus far because has yet to issue her report.
The province gave her the authority to refer any potentially criminal cases to law enforcement. Neither the province nor Gilson would confirm whether any cases have been referred.
Justice lacking, Liberals say
Cindy Lamoureux, the interim leader of the Manitoba Liberals, believes criminal charges should be laid in some instances, and says she was appalled to learn the agency's work is being defended.
"This would not fly if these stories [of alleged abuse] were happening to politicians here at the legislature, children within schools," she said.
"The fact that we're allowing them to go unfounded because these are seniors in our care homes is dismissive. It's not treating Manitobans with dignity whatsoever."
Lamoureux recalled one example from the auditor general's July report, in which a director with the Protection for Persons in Care Office overturned an investigator's finding of wrongdoing.
In that case, a health-care aide hit a personal care home resident who had severe dementia in the face with a remote control for a transfer lift. The health-care aide then lowered the transfer lift onto the resident's abdomen. The resident sustained injuries to their face, as well as bruising and swelling on their abdomen and shoulders.
Police laid assault charges against the health-care aide, the report said. An investigator with the office deemed it a case of abuse, but a more senior director with the agency made the investigator change their finding to "unfounded," according to the report.
Other instances where personal care home residents had been punched, slapped, kicked and sexually assaulted didn't meet the agency's threshold for abuse, the report said.
"Deliberately crushing a senior with a lift is a crime; sexual assault of anyone, including vulnerable seniors here in Manitoba, that is a crime," Lamoureux said.
"For the NDP government to simply wash their hands of this is extremely disturbing, and I would strongly suggest that the government revisit their decision instead of being complicit in these crimes."
Health Minister Uzoma Asagwara said they met with Gilson and have faith in her work.
"Her role is to act as an independent expert and she was hired to review these cases," said Asagwara.
"I respect her autonomy as an independent expert. I respect her approach in meeting with the families, in meeting with folks who have been directly impacted by the previous government's negligence on this file and the handling of these issues."
The health minister said the NDP government is moving forward on certain recommendations, but didn't elaborate.
Guiding creation of new office
In July 2023, the PC government responded to the public release of Shtykalo's report by promising to replace the Protection for Persons in Care Office with a new independent investigation office reporting directly to the legislature, instead of a government department.
Kelvin Goertzen, the justice minister at the time, said the report documented abuse that is "sickening and repulsive."
He also said it was "very, very troubling" that investigators were pressured to change the findings of their investigations by leadership at the Protection for Persons in Care Office in at least one case.
The province enlisted Gilson to re-examine some abuse allegations.
It also said last July that it had hired William Burnett, a former justice on the Manitoba Court of King's Bench and Court of Appeal, to guide the creation of the new independent office over an 18- to 24-month period. That agency would, after a transition period, replace the existing one, the PC government said at the time.
Asagwara said they expect to receive Burnett's recommendations in the "coming weeks."
The PCs didn't make an MLA available to comment.
The Manitoba Liberals raised questions about Gilson and Burnett's work during question period earlier this month.
Lamoureux presented a health department briefing from November, obtained through a freedom of information request, that said Gilson would provide "objective assurance to the public and to government" that the office was complying with, and meeting the objectives of, the Protection for Persons in Care Act through the nine to 12 months of her work.
It also said she'd provide oversight into efforts to reduce a backlog, which is any case that takes longer than 172 days to be completed.
Backlog down to 1 case
More than 200 files were waiting to be investigated by October 2022, according to the briefing, but the province says the backlog has been virtually eliminated since then.
In the fall of 2023, more than 30 files remained, the briefing states. A government spokesperson said last week the backlog has been whittled down to one file.
Lamoureux is encouraged by the government's progress in reducing the backlog, but hopes each allegation will be appropriately investigated by the Protection for Persons in Care Office or the independent body slated to replace it.
Asagwara said the NDP government remains committed to establishing an independent seniors' advocate. The province has yet to introduce legislation to do so.
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