Breast cancer inquiry could ruin N.L. health system: minister

10.05.2008 18:01 Health - Source: cbc.ca

Newfoundland and Labrador's breast cancer inquiry could destroy the province's health care system if it runs too long, the justice minister has warned.

In an unusual move, Jerome Kennedy phoned an open line program on VOCM radio on Friday afternoon to complain about the Cameron inquiry's costs, just a day after Premier Danny Williams used the phrase "witch hunt" to describe what he saw as "inquisitorial methods" at the inquiry.

Kennedy noted that two pathologists have tendered resignations in recent weeks, and another is on stress leave. He said the inquiry could cause further damage to medical service delivery if the inquiry continues at the same pace.

Kennedy revealed that Justice Margaret Cameron is seeking an extension of seven months to her inquiry's original deadline.

"Our concern is not only the human cost in terms of the individuals and the patients and their families, but that the medical system is going to become so unstable in this province that if this inquiry is not completed expeditiously, yet thoroughly, then we won't have a medical system left," Kennedy told the station's Backtalk program.

Cost 'causes concern,' minister says

Kennedy said that the inquiry has already cost $750,000 in fees paid to lawyers who have standing at the inquiry, and could cost significantly more.

"It causes concern," Kennedy said of the mounting costs.

When it was appointed last year to study flawed hormone receptor tests given to hundreds of breast cancer patients, the inquiry was given a mandate to complete its work by July 30, 2008.

Kennedy said Cameron has asked for an extension until Feb. 28, 2009, and added that cabinet has not yet made a decision on whether to grant the extension.

VOCM host Bill Rowe, though, pointed out that the inquiry's start was delayed by about two months because Eastern Health tried — and failed — in Newfoundland Supreme Court to block the public release of external reviews of the pathology lab that found significant troubles with how they operated.

As well, testimony at the inquiry, which eventually began hearing evidence in March, was delayed by almost a week when government officials realized in April that dozens of e-mails and other documents had not been turned over to the inquiry.

Rowe, a St. John's lawyer who is also a former Liberal party leader and a former provincial cabinet minister, challenged Kennedy over why a sitting justice minister would criticize an ongoing inquiry.

Kennedy maintained that he had the highest respect for Cameron, who sits on the Newfoundland Supreme Court of Appeal, but said the inquiry is taking too long to do its work.

Kennedy also said that the inquiry should abide by its terms of reference, but rejected Rowe's suggestion that Kennedy was implying that Cameron was ignoring those instructions.

Cameron and counsel for her inquiry declined comment Friday.

NDP attacks 'political interference'

New Democratic Party Leader Lorraine Michael said she is disturbed by what she sees as "political interference" from Williams and Kennedy.

"I'm quite shocked by a statement like that from Mr. Kennedy," Michael told CBC News.

"Both the premier and Mr. Kennedy know that a commission of inquiry has its own life once it's set up, and no matter what they're dealing with, they have to go to the depths of the issue that they're making inquiries about," she said.

"I've never heard of government interfering in an inquiry once it's gotten started."

Judicial inquiries often take longer than expected. With the Lamer inquiry into the criminal justice system, for instance, three years and three months passed between its appointment to the release of its final report, in June 2006.

As well, judicial inquiries often come at significant cost. The Lamer inquiry cost about $7 million, while an inquiry into the 1982 sinking of the Ocean Ranger offshore oil drilling rig cost $14 million.

'If they step on people's toes, so be it'

Cancer survivor Lorraine Hudson, who is following the Cameron inquiry closely, said government leaders should step back and let the inquiry do its work as it sees fit.

"They have to ask questions, and if they step on people's toes, so be it," she said.

"These questions have to be answered. We have to get to the bottom of this so that something like this never, ever happens to anybody else."

The premier, meanwhile, made his "witch hunt" comments about the inquiry Thursday evening, minutes after leaving a meeting with pathologists, oncologists and other health professionals. During that meeting, Williams and other government officials committed to improve pay and working conditions for the specialists, and to improve retention and recruitment problems.

Rowe said Williams may have made his comments to help medical professionals who feel they are under siege, but the tactic backfired.

"What he did in effect was not pass an olive branch to the doctors and the specialists, but undermine the credibility of his own public inquiry," Rowe said in an interview.

"[This] is the most bizarre thing I've seen," said Rowe, whose political career began in the 1960s.

Kennedy criticizes length of witness testimony

Meanwhile, Kennedy, a former defence lawyer in St. John's who had standing at the Lamer inquiry on the criminal justice system, said it's taking too long for evidence to be collected at the Cameron inquiry.

"The spectre of a witness being on the stand for four days is simply unheard of," Kennedy told Rowe's program, referring to lengthy examinations of such witnesses as former deputy health minister John Abbott, and George Tilley, the former chief executive officer of Eastern Health.

However, the final report of the Hughes inquiry — which heard evidence in 1989 and in 1990 on complaints of sexual abuse at the former Mount Cashel Orphanage and a subsequent quashed police investigation — shows that no less than 10 witnesses at the inquiry testified for at least four days. Four of them, including a former director of child welfare and a high-ranking member of the Royal Newfoundland Constabulary, were on the stand for six days each.

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