No cases being reinvestigated so far after Manitoba office slammed for dismissing claims of senior abuse

A government-ordered reviewof a Manitobaagency charged with investigating abuse and neglect inhealth-care facilities has so far determined the probes werehandled appropriately in stark contrastto a scathing recent report by the auditor general that said the agencywas dismissive of some claims.

Manitoba Auditor General Tyson Shtykalo released a report last Julyinto the Protection for Persons in Care Office, which found thatsome allegations of personal care home abuse including cases where criminal charges were laid did not meet the office's high threshold forabuse.

Following that, the thenProgressive Conservative government hired attorneyKimberley Gilson to re-examine some of the abuse allegations investigated by the embattled agency, which the Toriesvowed toreplace with an independent body to try andrestore the trust of Manitobans.

Gilson "felt confident" theProtection for Persons in Care Officeinvestigations she reviewed "were appropriately examined and scrutinized," so as of last week, "no cases were reopened," aprovincial spokesperson told CBC News in a statement.

The now NDP governmentlater added thatGilsonstill has "the ability to reinvestigate cases, pending new information," but"the decision remains with the independent investigator's office."

Gilsonsaid she couldn't comment on her findings thus far because has yet to issue her report.

The province gave her theauthority 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 wasappalled 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'sJuly report, in which a director with the Protection for Persons in Care Office overturned aninvestigator's finding of wrongdoing.

In that case, ahealth-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, thereport 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 andsexually assaulted didn't meet the agency'sthreshold for abuse, the report said.

"Deliberately crushing a seniorwith a liftis acrime; 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 Asagwarasaid 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 ministersaid the NDPgovernment 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 Officewitha newindependent investigation office reportingdirectly 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 byleadership at theProtection for Persons in Care Office in at least one case.

The province enlisted Gilson to re-examine someabuse allegations.

It also said last July that it had hiredWilliam 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.

Asagwarasaid they expectto 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 ahealth department briefing from November, obtained through a freedom of information request, that said Gilsonwould provide "objective assurance to the public and to government" that the officewas 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 provideoversight into effortsto 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 beinvestigated by October2022, according to the briefing, but the province says the backlog has been virtuallyeliminated since then.

In the fall of2023, more than 30 files remained, thebriefing states. A government spokesperson said last weekthe backlog has been whittled down to one file.

Lamoureux is encouraged by the government's progress inreducing the backlog, but hopes each allegation will be appropriately investigated by the Protection for Persons in Care Office orthe independent body slated to replace it.

Asagwarasaid the NDP government remains committed to establishing an independent seniors' advocate. The province has yet to introducelegislation to do so.

Manitoba office charged with investigating senior abuse handled claims appropriately: Review

4 months ago

Duration 2:00

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 which is in stark contrast to a recent scathing report by the auditor general that said it was dismissive of some claims.