Two wrongly fired Health Ministry drug researchers and the sister of a third say they will oppose a summons from B.C.’s Ombudsperson to appear for questioning if they do not get the legal support and documents they need.
B.C. Ombudsperson Jay Chalke is probing a botched 2012 Health Ministry investigation that led to the firing of eight drug researchers to make recommendations to government so that such an event isn’t repeated.
The researchers have been told to expect a summons this month.
The Vancouver law firm Caroline & Gislason has told the Ombudsperson’s Office that the three unionized fired researchers deserve more than the $1,000 for legal fees all witnesses will receive. The lawyers argue “those who wronged them” will likely be eligible for up to $25,000 — the amount that will go to those named in and adversely affected by the Ombudsperson’s report.
The fired drug researchers want at least the $25,000 indemnity and access to all necessary documents, including their emails and employee performance records.
“They don’t want to be re-victimized and they will not take part in a process that basically treats them worse than the people responsible for their firing and the ruining of their reputations in the first place,” lawyer Gary Caroline said in a phone interview.
With respect to disclosure of documents, in a letter to the Ombudsperson’s Office, the law firm wrote: “Unless the following procedural issues are rectified, our clients will be opposing your summons and asking that you cease your investigation.”
Caroline said if the Ombudsperson’s Office insists on issuing summons “in the absence of any documents and any funding for legal representation, we will request the Ombudsperson get a court order and we will oppose it.
“If there is no provision of documents and if there is no funding for legal representation, then we will argue a summons is totally inappropriate in this case and is simply re-victimizing people who have already faced severe consequences in terms of government conduct in the workplace.”
The current government employees asked to testify will not be covered under their regular indemnification plan for legal fees.
Brad Densmore, spokesman for the Ombudsperson’s Office, said the government’s indemnity for legal advice prior to an interview is available to all witnesses called.
“It consists of $1,000 towards any legal fees they may incur in preparation for the interview,” he wrote in an email. “Individuals who we later determine may be adversely affected by the report or recommendations that result from our investigation will ... be eligible for this additional government indemnity [$25,000] to assist them in paying legal fees they may incur in responding to that notice.
“At this stage in our investigation, no one is entitled to the separate government indemnity of up to $25,000.”
The Health Ministry’s investigation that led to the firings was deemed deeply “flawed” in a review in December 2014 by Victoria lawyer Marcia McNeil. But she said she could not determine who was responsible because of a lack of documents.
The Ombudsperson’s Office said in a letter that witnesses do not obtain “blanket disclosure” and that documentary disclosure will be made on “a case-by-case basis.”
In September 2012, the Health Ministry launched an investigation into allegations related to privacy breaches, data mismanagement and contracting irregularities. The government said the RCMP had been asked to investigate. A criminal investigation never took place.
Eight drug researchers were eventually fired. One of them, Roderick MacIsaac, later committed suicide. In December 2015, the B.C. government settled with the last of the eight.
Unlike the cash settlements and jobs given to others, the unionized employees — Ramsay Hamdi, David Scott and MacIsaac — had their cases handled through arbitration. They were simply “unfired.”
Hamdi remains out of work. Scott works sporadically. MacIsaac was a PhD student at the University of Victoria. He was fired three days before his co-op term ended. His family was sent a cheque for $482.53, the pay he was owed.
