Eight drug researchers fired as part of a flawed Health Ministry investigation in 2012 are unhappy with the province’s decision to have B.C.’s independent ombudsperson probe the matter.
The seven researchers, and the sister of an eighth man who killed himself months after being fired in 2012, say they prefer a fully independent public inquiry.
In a joint statement Monday, the eight researchers said they appreciate that B.C. Health Minister Terry Lake has accepted the need for further investigation of the firings and their aftermath.
“However, a review by the Office of the Ombudsperson is problematic because the office suffers from an inadequate mandate, issues of perception of conflict and bias, and insufficient resources and experience for this type of investigation,” reads the letter.
The B.C. government has dismissed mounting calls for a public inquiry, which began in the fall from the Opposition NDP. On Friday, Lake said the province’s independent ombudsperson, Jay Chalke, will investigate instead.
Chalke assumed his position of ombudsperson on July 2, having worked as a top official in the Justice Ministry since 2011.
The Office of the Ombudsperson has much of the same powers to investigate as a commission of inquiry — mainly to subpoena witnesses, take testimony under oath, and obtain documents — but the government views it as a faster and cheaper way to get the answers sought.
Lake said Friday that all current government employees or MLAs will voluntarily co-operate and others can be subpoenaed.
However, critics fear an investigation by the ombudsperson will be less independent and suggest Chalke, may have trouble distancing himself from the Justice Ministry which would have been dealing with issues around the firings.
“Nothing short of a fully independent inquiry or investigation will satisfy the right of the public to understand how research done to increase the safety of prescription medicines and to protect the public purse could be terminated in such a manner,” the group said, in a statement.
The eight researchers were fired in 2012, after a Health Ministry investigation into allegations of health data mismanagement, privacy breaches and contracting irregularities. The use of public health data was also suspended.
The government has since called some of the firings heavy handed, rehired two of the employees, settled with four, and apologized for its flawed investigation. Data sharing with universities and researchers was restarted. The RCMP has not investigated and ruled out doing so. Two cases remain before the courts.
Lake said the ombudsperson will be asked “to investigate the events leading up to the decision to terminate the employees, the decision to terminate itself, and the actions taken by government following the terminations, in addition to any other matters he may deem worthy of investigation.”
In addition, the fired researchers want government to cover the full legal costs of those interviewed.
Questions should also include who if anyone benefited from the firings and stalled research, was it in the public interest, and did the pharmaceutical industry have any influence, according to the joint statement.
In the joint statement, the researchers continue to call, as they did in June, for a public inquiry.
The researchers do not say whether they’ll participate in an investigation by the province’s ombudsperson.
Others calling for a public inquiry and concerned about Chalke's perceived conflict include the NDP, the B.C. Government and Service Employees’ Union president Stephanie Smith, former deputy health minister Graham Whitmarsh who fired the researchers, as well as the original Health Ministry whistleblower, Alana James, and the former auditor general who took the allegations to government, John Doyle.
An all-party legislative committee of MLAs are scheduled to meet Wednesday. The committee must first refer the investigation to the ombudsperson, before anything starts.
The Liberals have a majority on the committee. The NDP continue to push for a meeting when the legislature resumes sitting the week of July 13.
This story was first posted in the Times Colonist.
