Timothy Henderson case review will not be public, says N.W.T. health minister
19-year-old's family says if minister has right to see private information, so do they
N.W.T.'s health minister says he has no legal right to make public the results of a review into a teen's death, despite the teen's parents' request for the information.
Glen Abernethy says a review into the health care treatment of 19-year-old Timothy Henderson received prior to death will not be made public or shared with Henderson's family because, as an adult, Henderson had a legal right to privacy.
Henderson died of self-inflicted injuries in April 2015.
Henderson's parents have said there was a lack of mental health resources available to the teen. They also have said there was a lack of adequate follow-up mental health care after the teen was discharged from Stanton Territorial Hospital earlier in April.
Abernethy recently called for a review to determine how Henderson fell through the cracks of the territory's health system.
"I wanted more information," he said. "I wanted to understand how an individual who was seeking help could end up in this situation."
A committee will review Henderson's health records, and conduct interviews with health care professionals involved in the teen's treatment, as well as with the teen's family.
"I want them to review the file, review the situation, and come back to me with an outline of what they feel happened and what improvements are necessary, if any," Abernethy said.
Parents will not see results of review
Abernethy said that under the Evidence Act, the results of the review cannot be made public.
"Nobody has given us consent, and the individual can't give us consent to release his personal treatment information to the public," Abernethy said.
But Henderson's stepfather James Boraski says "the family believes that if the Minister is entitled to see the 'private' information about our son that is contained in the report, then we, as Timothy's parents and next of kin, should have that very same right."
Boraski says, at minimum, the family should have the right to see the results of the review, any recommendations that are made, and how the minister will address them, "to ensure full accountability from the review — for us, and for the residents of the N.W.T."
Abernethy said he feels for the family, but his hands are tied.
"I can't imagine the pain of losing a child," he said.
"I'm deeply saddened by the loss of Timothy Henderson. But at the end of the day, as an adult, he has some rights and privileges ... And I'm not comfortable spreading this individual's information out in the public, this individual's personal mental health information.
"Plus, I don't have the legal right to do it, anyway."
The review is expected to be completed by October.