What is this petition advocating for?

• Expanding who can access the protections of the Public Interest Disclosure Act.
• Amendment of criteria for claims of discrimination within the Human Rights Act.
• Jurisdictional and structural changes within the Canadian healthcare system for patient and workplace safety.
• Examination and changing of processes within regulatory bodies and unions in the interest of public safety.
• More effective protections and education for whistleblowers.
• Improvements in the management of disclosures and investigations.

Who is impacted?

Patients and healthcare professionals, especially front-line workers, are impacted. While patients are being put at risk of malpractice and negligence for the sake of profit, our healthcare professionals are being forced to violate their ethical and professional standards to facilitate these crimes, aiding and abetting malpractice and negligence, under threat of reprisal.

What is at stake?                    

Healthcare professionals are mute witnesses to malpractice and negligence as well as systemic failures to help them protect their patients which predisposes them to preventable and chronic moral injury. Moral injury is a trauma syndrome that can arise from witnessing, perpetrating or failing to prevent acts that violate one’s moral beliefs. The resulting psychological distress can contribute to significant mental health challenges, not only costing taxpayers money to fund any necessary treatment but also contributing to the continuing decline of the healthcare system as more healthcare professionals are forced to abandon their careers under the intense weight of the ethical and professional standards they cannot meet. This can also lead to other mental health conditions and in severe cases even suicidality. Our patients face enough adversity navigating the healthcare system we currently have at its best, never mind its worst, and the consequences of disallowing healthcare professionals to act in their best judgement and refuse to aid and abet the malpractice and negligence of others can be dire for their patients, leading to injury, temporary or permanent disability and death.

Why is now the time to act?

As a registered nurse who has experienced moral injury and reprisal for refusing to condone the gross malpractice and incompetence of a surgeon I worked with for several years up until recently, I am asking the public for their support in my advocacy for these changes. Please help us take better care of you and your loved ones by signing this petition which will then be sent to various governmental bodies to expedite these necessary changes, prevent undue harm and facilitate healthcare providers in meeting their ethical and professional obligations.

What specific changes are we advocating for?

Public Interest Disclosure Act

Extend the Public Interest Disclosure Act to all public bodies currently under the Ombudsperson Act, approximately 500 additional public bodies, including professional regulatory bodies such as the College of Physicians & Surgeons, local governments, and additional agencies, boards, and commissions.

Include municipal police departments and agencies, as well as administrative functions of the legislature.

Broaden eligibility to make a disclosure to include contractors and volunteers who, similar to employees, have inside knowledge but are subject to confidentiality obligations.

Ensure disclosers are protected from retaliation even if an investigation does not occur.

Require staff of public bodies with responsibilities under the Act to maintain the confidentiality of disclosers and witnesses.

Eliminate the assessment of whether disclosures are made in good faith so that the focus is on the content of the disclosure, not an assessment of the motivation of the employee making the disclosure.

Improve training for supervisors and designated officers.

Ensure the Ombudsperson has access to privileged information under Public Interest Disclosure Act in a manner similar to existing access under the Ombudsperson Act.

Human Rights Act

Amendment to the criteria of the Human Rights Act for discrimination to include personal ethics without the prerequisite of a conscientious objection being based in religious or political beliefs.

College of Physicians & Surgeons of British Columbia

Creation of and education on pathways for healthcare professionals to report any concerns of malpractice or negligence, especially where they cannot meet their own standards, where continuing to facilitate the practice of the reported individual would constitute aiding and abetting malpractice and negligence or where they may fear retaliation, litigation or other such consequences for coming forward.

A compulsory, legal obligation to investigate any complaints raised about the competence of physicians and surgeons by adjacent professionals and where there is reasonable belief that the claim being made will have evidentiary support even if it is not immediately accessible to the reporter at the time of the complaint but would become available through the course of the investigation.

Concerns may be escalated depending on the severity of the concerns raised or the number of complaints made by multiple colleagues and should require a formal response within a set timeframe or urgent response if there is an imminent concern for public and workplace safety.

Neglect to respond to reported concerns or conduct such investigations may be considered an indictable offense.

Protection of physicians and surgeons alleging the malpractice or negligence of another physician or surgeon with the involvement of an impartial investigator.

Disclosures made to CPSBC by physicians and surgeons who don’t feel they can meet their own standards of care in relation to a complaint of colleague malpractice or negligence will be met with support, thoroughly documented and the reporter directed to the Office of the Ombudsperson and to the Office of the Public Sector Integrity Commissioner for independent investigations if the regulatory body of the person accused denies responsibility to investigate.

British Columbia College of Nurses & Midwives

Creation of and education on pathways for nurses and midwives to report any concerns of malpractice or negligence, especially where they cannot meet their own standards, where continuing to facilitate the practice of the reported individual would constitute aiding and abetting malpractice and negligence or where they may fear retaliation, litigation or other such consequences for coming forward.

A compulsory, legal obligation to investigate any complaints raised about the competence of nurses and midwives by adjacent professionals and where there is reasonable belief that the claim being made will have evidentiary support even if it is not immediately accessible to the reporter at the time of the complaint but would become available through the course of the investigation.

Concerns may be escalated depending on the severity of the concerns raised or the number of complaints made by multiple colleagues and should require a formal response within a set timeframe or urgent response if there is an imminent concern for public and workplace safety.

Neglect to respond to reported concerns or conduct such investigations may be considered an indictable offense.

Protection of nurses and midwives reporting the malpractice or negligence of another nurse or midwife with the involvement of an impartial investigator.

Disclosures made to BCCNM by nurses and midwives who don’t feel they can meet their own standards of care in relation to a complaint of colleague malpractice or negligence will be met with support, thoroughly documented and the reporter directed to BCNU to follow their own pathway.

British Columbia Nurses Union

Creation of and education on pathways for nurses and midwives to report any concerns of malpractice or negligence, especially where they cannot meet their own standards, where continuing to facilitate the practice of the reported individual would constitute aiding and abetting malpractice and negligence or where they may fear retaliation, litigation or other such consequences for coming forward.

Automatic reporting of any concerns of malpractice and negligence to the Office of the Ombudsperson and to the Office of the Public Sector Integrity Commissioner for independent investigations if the regulatory body of the person accused denies responsibility to investigate.

Access to publicly funded legal consults and representation in the event of retaliation, litigation or other such consequences for making a report against a colleague.

Royal Canadian Mounted Police

Jurisdictional changes allowing RCMP to conduct investigations of healthcare professionals for concerns of malpractice and negligence, especially those raised by more than one person, if there is an imminent concern for public and workplace safety or when continuing to facilitate the practice of the reported individual would constitute aiding and abetting malpractice and negligence.

Creation and implementation of continuing education on trauma-informed protocols and procedures for conducting interviews with healthcare professionals reporting concerns of malpractice and negligence.