Inquest likely in Manitoulin Lodge fatality

by Jim Moodie

GORE BAY-The recent death of a 65-year-old resident of the Manitoulin Lodge in Gore Bay has prompted the firing of one worker, launched a closely-guarded police investigation, and could result in an inquest.

At the same time, the incident has caused ripples throughout the broader long-term care sector, which is presently under the microscope due to proposed legislative changes that would impact on standards of care.

Myles Patterson, a resident of Manitoulin Lodge since suffering a stroke earlier in his life, was outside the facility on the evening of January 16, reportedly having a cigarette with two other residents. Staff later found him alone in the courtyard, "some time after the established smoking period," according to a press release from the Lodge.

Temperatures on the evening of January 16 ranged from -10 to -12 degrees Celsius, with the wind chill factor making conditions an even chillier -19 C.

The senior was treated on site and subsequently transferred to the Mindemoya Hospital, where he died a day later.

Results of a post-mortem conducted in Sudbury last week were not available by press time. Dr. Bert Lauwers, acting supervising coroner for Northeast Ontario, said he wasn't at liberty to divulge the cause of death, pending completion of a full coroner's report.

Asked if an inquest might be ordered in relation to the tragic event, Dr. Lauwers said, "That's a good question, but it's still under investigation. I can tell you we haven't arrived at a firm decision regarding the facts of the death. It will be a discretionary call."

An inquest isn't automatic in this case because the Coroner's Act stipulates that inquests are mandatory only when deaths occur while an individual is in custody, or working in a mine or quarry, or at a construction site.

But one thing that could spur an inquest is "if the circumstances surrounding the death are incompletely understood," which remains the case at this time, allowed Dr. Lauwers. And while an inquest jury would be limited to studying the basic facts of the mortality-who died, where they died, when they died, and the cause and manner of the death-a jury "can make recommendations towards preventing deaths in the future," the coroner noted.

On Monday, police reported that an investigation of the incident was ongoing, under the direction of an inspector with the OPP's crime unit from Orillia. Constable Al Boyd, community services officer with the local detachment, said that, as of two days ago, it was almost impossible to get any information on the progress of the investigation.

Repeated efforts were made to reach Karen Lehoux, administrator of the Lodge, but calls were not returned. While the facility hasn't confirmed the release of a worker, the Expositor was able to establish that an individual is no longer in the employ of the Lodge.

For many who have a close association with the home, the death is being viewed as an isolated and highly unusual event that shouldn't reflect on the otherwise fine reputation of the facility. "From anything I have ever seen, the care has been excellent," commented Marian Sloss, a long-time volunteer at the Lodge, both of whose parents, as well as a parent-in-law, spent their later years at the home.

She said she didn't know the circumstances of the death, having not been present in the home that week due to a flu outbreak, but stressed that, "whatever happened, it was out of the ordinary." She reiterated that, "over all these years, with all the many relatives I've had in there, the care has always been excellent, and any problems we ever had were quickly remedied."

Others feel, however, that the tragedy underlines a general need for enhanced staffing and increased hours of hands-on care at long-term care facilities.

Without going so far as to directly blame understaffing for this particular incident, Nickel Belt MPP and NDP health critic Shelley Martel noted that it was somewhat uncanny that it would occur just as hearings were being held across the province on Bill 140, which concerns changes to the provision of care in seniors' residences. And a subsequent death in a Sudbury long-term care facility last week, resulting from a fight between two residents, only added to the perception that homes are not able to provide sufficient care and security with the resources that are presently at their disposal.

"These two incidents are timely-in the most unfortunate way," Ms. Martel told the Expositor. "Over the last week, I've been involved in public hearings on this issue, and everywhere I went, I heard from front-line staff and residents that there is not enough staff to provide care and meet the needs of the residents."

Ms. Martel said that, "whether the facility is municipal or for-profit, I'm hearing that there isn't enough staff. People are also short-shifted when one or two people are away (from work) and are not being replaced."

Apart from the impact that such manpower constraints can have on care of clients, it also compromises the health and safety of workers, said Ms. Martel. "They're hurrying and scurrying because they're so rushed, and taking shortcuts to try to meet residents' needs. You need two people to perform a mechanical bed lift, but you'll have one PSW (personal support worker) doing it themselves."

The NDP is alarmed that the current legislation being proposed by the province fails to include a stipulation for a minimum period of care, and is advocating a minimum of 3.5 hours of hands-on care per resident per day.

Ms. Martel noted that a minimum standard (2.25 hours at the time) was implemented by the NDP government in the mid-1990s, but it was subsequently scrapped by the Harris administration. "The Liberals promised to reinstate it, but to date no regulation, in law, compels any operation to offer any set standard," she said.

David Spencer, a spokesperson for Health and Long-Term Care Minister George Smitherman, defends the province's commitment to long-term care. "I'm not sure it's appropriate to make a link (between Mr. Patterson's death and staffing levels), and those who would make such a statement need to recognize that this government has made significant strides in increasing staffing," he said.

Mr. Spencer pointed out that, "at last count, 5,453 positions had been created provincewide for front-line staffing, with 1,101 of those being registered nurses. This was part of a standard we set for ensuring 24/7 RN coverage."

In regard to the Manitoulin Lodge tragedy, Mr. Spencer said the ministry has responded by having "our compliance advisor in touch with the home to conduct an inspection," and this individual has been "in daily contact with the home to monitor measures put in place to address the situation."

With incidents such as these, "our advisors are there to directly investigate," he noted, as well as "co-operate with the OPP on their investigation."

In light of the unfortunate death, Mr. Spencer indicated that "our deputy minister, Ron Sapsford, has also been in communication with all our long-term care homes in the province to stress the necessity for having procedures and protocols in place to ensure safety of residents, particularly with the cold weather."

Efforts were made to reach the family of Mr. Patterson, but of those direct relatives that we were able to contact, none desired to make a comment. Debbie Gibson, one of two daughters, said, "I'd prefer not to comment until the investigation is done and we know all the facts."

Marylou Patterson, the wife of Mr. Patterson's elder brother Colin, did share some thoughts on the subject, however. She said that her husband, while not willing to speak himself, was quite shaken by his sibling's passing, noting, "they were very close when they were younger, and worked in the bush together."

In her view, "the government needs to smarten up and do something with nursing homes, because they're so understaffed."

She noted that her own father was a resident of the Lodge in Gore Bay, and she knows "a lot of people who work out there," and the impression she receives is that more staffing is required.

Mrs. Patterson further believes that this incident points to a need to revisit smoking policies in long-term care facilities. "I think the smoking laws in nursing homes are ridiculous," she said. "Why should they have to go and smoke outside? They could at least have a heated place to have a smoke."

Long-term care facilities, like all buildings in the province, were forced to ban indoor smoking last spring when Ontario introduced its Smoke-Free Ontario Act.

Robert Beaudin going to trial on fraud charge

by Margo Little

GORE BAY-After a two-day preliminary inquiry, the former executive director of the Kenjgewin Teg Educational Institute (KTEI) was committed to stand trial on alleged fraud charges. Justice Y. Renaud made the ruling on January 23 after examining Crown and defence submissions.

Charges were laid against Robert Beaudin after an investigation by Ontario Provincial Police in September of 2005. The Crown accuses Mr. Beaudin of using monies from KTEI programs to operate the former Manitoulin Wild Junior A hockey team.

It is alleged that between April 1, 2003 and October 31, 2004, the accused defrauded KTEI of funds in excess of $5,000.

Justice Renaud imposed a print and broadcast publication ban on evidence presented at the hearing.

According to an annual report issued in November of 2003, Kenjgewin Teg is an Anishnaabe controlled and directed education organization based in M'Chigeeng First Nation. It provides direct training and academic counselling to students from eight member communities.The organization's board is made up of representatives from Zhiibaahaaasing, Sagamok, Aundeck Omni Kaning, Sheguiandah, Sheshegwaning, M'Chigeeng, Whitefish River and Wikwemikong. Services include Native studies curriculum development, professional development for First Nation teachers, psycho-educational services and speech and language pathology services. Kenjgewin Teg also provides a high school to meet the needs of students who cannot attend mainstream secondary school.

The pre-trial held in Gore Bay January 22-23 examined the financial relationship between KTEI and the Northern Ontario Junior Hockey League (NOJHL) franchise formerly known as the Manitoulin Wild. The team was brought to Manitoulin in September 2003. The NOJHL is one of ten junior A hockey leagues across the country. It has been around in various forms and sizes since 1962.

Mr. Beaudin was arrested on August 30, 2005 at the request of the United Chiefs and Councils tribal police after Kenjgewin Teg reported financial losses of nearly $170,000. At that time KTEI was reportedly acting as an administrative body for the Manitoulin Wild.

On the first day of the hearing Sudbury crown attorney Susan Bruce presented witness statements to the court. Her colleague Andew Slater continued the process in the second phase of the inquiry. Defence lawyer Terry Waltenbury cross-examined several witnesses.

At the conclusion of the pre-trial, Justice Renaud ruled that there was sufficient evidence to send the matter to trial. No date has been set.

Court settlement benefits Animal Welfare Fund

$10,500 will help pets in need

MANITOULIN-The Manitoulin Animal Welfare Fund, created in the spring of last year, has recently received a significant boost through payments made as part of court judgments. 

Ruth Frawley, clerk of Central Manitoulin Township, which administers the fund on behalf of local veterinarians, confirmed that two donations had been received, one in the amount of $10,000, and another totalling $500.

The larger of the two contributions stemmed from a federal case prosecuted by local solicitor Joe Chapman.

While Crown Attorney Lorraine Ottley could not speak to the particular cases that resulted in these contributions, as they were not tried in Ontario court, she noted that, in general, "an offender may be ordered by a judge to make a donation to charity in lieu of a fine."

She said that judges typically will not dictate which charity should benefit from the donation, although "if it is part of a probation order, the court might suggest that it is best to make a donation to a charity related to the offence."

Dale Scott of Scott's Veterinary Services said that, in the past, "fines were sometimes directed to the SPCA (Society for the Prevention of Cruelty to Animals) in Sudbury, but now that there's a fund here, I understand one of our lawyers has suggested that this is a way to keep it on the Island."

Money contributed to the Animal Welfare Fund is handled by Central Manitoulin, since both Island veterinary services are located in the township, then doled out as needed to the local vets, according to certain criteria, for use in tending to stray and needy animals.

Dr. Scott noted that the recent infusion of funds "certainly gives a good foundation of resources to work with through the trust, and it's wonderful to have those resources because we don't have to deny people who want to adopt a pet but can't afford to pay for their treatment and shots."

The intention of the fund, he stressed, is to support the costs incurred by vets for the care, vaccination, and spaying and neutering of homeless animals, in preparation for sending them to a good home.

"An abandoned animal is often in rough shape, and this helps cover the initial vaccinations, getting them dewormed and deloused, and treatment and medication if they're injured or sick," he said.

Electoral Reform for Ontarians?

Part I of a series

Youth seem to favour major election change

EDITOR'S NOTE: Ontario has embarked on an examination of the practices by which MPPs are elected to govern at Queen's Park. Over the next few weeks, this series will examine in detail each of the options under consideration. If any option other than the existing system is recommended by the Students' or Citizens' Assembly on Electoral Reform, it will be put to the voters of Ontario in a referendum this October when citizens will also vote in a provincial election. Part one examines each option in brief.

by Alicia McCutcheon

MANITOULIN-The system by which Ontario voters send their MPPs to Queen's Park is under serious review and the young people involved in the process-including a young woman who is a student at Manitoulin Secondary School-are recommending a process hugely unfamiliar to Canadians but popular in many countries worldwide.

Tiffany Doucet of Sandfield is a member of the Students' Assembly on Electoral Reform. She is one of 103 young people (one from each provincial riding) who have been involved in a parallel process to the Citizens' Assembly on Electoral Reform. The Citizens' Assembly also has 103 adult members, one from each riding.

Of the four options under consideration, the youth favour a system of election called "mixed member proportional" (MMP) which has electors vote for the party and member seperately in a two-ballot process.

Sujit Choudry, author of 'Is Every Ballot Equal?,'  appeared on TVO's 'The Agenda with Steve Paikin' last week and agrees with the youth in that there needs to be a change and that Ontario's  first-past-the-post (FPTP) system isn't working, since guaranteeing people equal representation.

According to his calculations,  an urban elector's vote is actually only worth 0.96 percent while the rural voter has a 1.22 percent vote, as there are less people in the ridings. Mr. Choudry says the solution lies in forming 19 new seats in the fastest growing parts of Canada, in order to have a House of Commons that reflects Canada.

In 2006, Ontario saw its first Citizens' Assembly for Electoral Reform. An Ontario government initiative, it entailed 103 citizens being randomly selected to participate  (one person from every riding, 50 percent men, 50 percent women and one Aboriginal) and eventually come to a decision whether to keep the current first-past-the-post system or make a recommendation to change to another system. The assembly will then have to detail the system of their choice for the government, which could then sanction a referendum on the electoral system.

The assembly has held meetings all over the province, listening to the thoughts and opinions of other citizens while being taught the different voting systems, as well as learning more about the FPTP system.

The three systems being discussed are single transferable vote (STV), the list system, and mixed member proportional voting (MMP).  The assembly assesses each type based on eight principles: legitimacy, fairness of representation, voter choice, effective parties, stable and effective government, effective parliament, stronger voter participation and accountability.

While FPTP is a very basic, winner-takes-all approach,  it can be less than proportional. As the number of candidates increases, the proportion of votes needed to win a riding decreases. If there are three parties, one party could finish second in every riding, win the largest overall vote share, yet win no seats, according to an example cited in 'From Votes to Seats: Four Families of Electoral Systems.'

The STV system has each electoral district elect more than one member to the legislature. The number of representatives is proportionate to the population of the district. An ordinal ballot is used where the voter ranks the candidate running in the district, regardless of party. The winners are calculated by dividing the votes by the number of seats, plus one, then adding one.

All the ballots are allocated to the candidates with first preference and the total compared with the quota. Any candidate who has reached the quota is elected. If there are surplus votes (votes surpassing the quota), they are transferred to the other candidates according to their preference on the ballot.

The list system is the most common electoral system in the world with over 70 countries that use it. With this format, each district elects more than one member to the legislature.

Voters are given a set of ballots, one for each party, and vote by placing one of the ballots in the ballot box. The types of lists seen on the ballot may differ. With a 'closed' list, voters cannot rank the members on the ballot; if the list is 'open,' voters may re-order the candidates to their liking; while a 'free' list allows voters to vote for and rank any of the candidates, regardless of party. Winners are determined by either a method of quotas or averages.

The final option is MMP. The text says that MMP systems have two types of electoral districts that are organized into two tiers of elected representatives. Each district in the first tier elects one member to the legislature while a second tier of proportional, at-large seats is drawn from a single national district or regional districts.

With MMP, voters receive a double ballot where they choose from candidates representing their constituency and choose from a list of political parties  seeking representation in the legislature. The composition of the legislature will be determined by the party vote.

This last system is the one that has been chosen by the Students' Assembly on Electoral Reform which includes Ms. Doucet of Manitoulin Secondary School.

Last November, Ms. Doucet spent five days in Muskoka with 103 other students from across the province to participate in what she calls an "amazing experience."

After five structured days, sometimes not ending until 11 pm, the students decided that because of the strong local representation, more parties in parliament, and higher instances of coalition governments, MMP was their favourite choice.

On February 17, five of the students from the assembly will be making a presentation to the Citizens' Assembly on their findings.

"For some people who have heard about what was happening and thought it was a waste of money, it was not," she says. "Individuals were informed and inspired."

The youth are 10 percent of the present but are 100 percent of the future," she adds.

Ms. Doucet says she's proud to be making a difference in society and, perhaps, changing the way we vote in Ontario.

EDITORIAL

Tragedy underlines need for review of care levels

The death of the resident of the Manitoulin Lodge nursing home in Gore Bay is tragic.

The fact remains, though, that in a very caring institution, a resident died, and the OPP continues to investigate the circumstances surrounding this death.

Over several days last week, the CBC reported back-to-back happenings at regional nursing homes: the OPP investigation into the death at the Manitoulin Lodge, and the fact that a resident of the Extendicare York Nursing Home in Sudbury had died and the Sudbury Regional Police had charged another resident in connection with this Sudbury death.

People who choose to work in nursing homes or homes for the aged are genuinely caring individuals, interested in doing the best they can at whatever level their work touches residents to ensure a comfortable life while they are in care.

All nursing homes and homes for the aged, certainly those on Manitoulin Island, quickly weed out staff whose motives are not consistent with the best interests of residents.

Caring for the elderly, who are often incapacitated by physical illness and infirmity, or conditions like Alzheimer's Disease, is not a calling for everyone, and just as these institutions' administrations routinely remove staff, especially new staff, for whom this work is unsuitable, similarly it is not uncommon for veteran staff to simply burn out and to take themselves off the active work roster. This is not the sort of work that one can make oneself do over the long run without positive self-motivation and high staff morale in the workplace.

What we know about the death at Manitoulin Lodge is that it happened after the resident had been left outside, in a cigarette smoking period, in cold weather for an extended period.

Little more than a year ago, nursing homes and homes for the aged in Ontario had the option of providing ventilated smoking rooms for residents who wished to smoke. This meant that, in cold weather, they could stay indoors to smoke.

The ban on smoking in Ontario that came into effect almost a year ago was total, and effected virtually every place except private homes.

The smoking rooms that institutions such as the Manitoulin Lodge, Wikwemikong Nursing Home and Manitoulin Centennial Manor featured for their residents were deemed to be unsafe because of the risk of ill effects from second-hand smoke for staff members who might have to enter the smoking rooms either to take a resident there, or to take them out following their smoking period.

The upshot is outdoor smoking on cold days. And while it is clear that it is the institution's responsibility to ensure safety, monitoring people outside is nevertheless another job to do and the pool of available labour is sliced that much finer while a member of the patient care staff is on duty with the smokers.

The per diem, per patient budgets allowed by the province to assist in the financing of these institutions remains largely unchanged, but there is always a little more (not a little less) work to somehow accomplish on the same budget.

Of course residents, and their families who entrust their care to institutions like nursing homes and homes for the aged, have every reasonable right to expect that no-one will be hurt because of inattention or any other manner of negligence.

But, especially in the light of these two incidents in our region, it is imperative for the Ministry of Health to immediately review the minimum levels of care required by these institutions to operate effectively and without cutting corners and to factor in any responsibilities, such as accompanying outdoor smokers on cold days, that have crept into the list of responsibilities that are the mandate of nursing homes and homes for the aged.

Further, we urge the Ontario Attorney-General's department and the regional coroner see fit to call an inquest and convene a coroner's jury to look at all of the circumstances, immediate and underlying, that contributed to the unfortunate death of the Manitoulin Lodge resident.

LETTERS TO THE EDITOR 

Scrapping beautiful Norisle ferry would be a shame

We live in a throw-away society

To the Expositor:

I was saddened to read of  the potential demise of the Norisle in the January 24 edition of the Expositor. I can remember traveling on the Norisle with my dad as a boy in the '60s when we owned property on Ice Lake.

I again began visiting your beautiful Island-which is now my favorite destination in the whole world-in 2001 with my family for a vacation at Red Lodge. We have returned to Red Lodge every summer since, and have also purchased acreage which I use primarily for hunting and to just "get away from it all." On one of our vacations we made a visit to the Norisle and it brought back a lot of fond memories to see it again. It's a beautiful boat, with the type of detailed craftsmanship you just don't see anymore. We will make it a point to visit it again this summer.

I travel to Manitoulin via the Chi-Cheemaun as much as possible, depending on the season, rather than making the long drive through Michigan to Espanola. I usually end up making three or four round trips each year. One idea I have to raise money to restore and maintain the Norisle would be to work with the Owen Sound Transportation Company to add a minor surcharge to the price of their fare to be used for the care of the Norisle. Personally I would gladly pay an extra $5 to $10 each way for money to be routed to the care of the Norisle. Our trips are already fairly expensive anyway, so a few more dollars spent would not be a big deal. I don't think many people would object to this if the historical significance of the Norisle was explained, such as with a video which could be played on the Chi-Cheemaun, or a special exhibit displayed on the ferry.

Also I don't really recall much advertising about the Norisle and being able to tour it. We just sort of stumbled upon it. Perhaps developing some type of pamphlet for distribution on the Chi-Cheemaun would help generate awareness and interest in visiting this beautiful vessel.

It would be a shame and a waste to see this fine ship turned into scrap. We live in a throw-away society and every effort should be made to preserve items of historical value.

Chris Wenz

Grosse Pointe Woods, Michigan

There are ways to promote, preserve Norisle

Sending it to the torch a last resort

To the Expositor;

I have to agree with Mr. Ham about his comment on the Norisle and the possibilities that it possesses. The Norisle can have a lot of potential if we all put our minds together. The people who care about the old ship need to get together and do something about it. Money can be raised for it with the right ideas, and constant dedication. There are grants out there for this, and how do we know if we're not going to get anymore funding unless we try? You need the right people to volunteer and the dedication to keep something like this going.

The Norisle needs to be advertised more, and kept open during the summer months to recieve any revenue that it can. Post cards, pamphlets, a website, or calendars specifically for the Norisle, could be a form of advertisement.  I would even volunteer my time for the construction of the website, and assist in a calendar to promote the Norisle. There are ways!

We do have to remember that the ship is not only the old ferry, it is, in fact, one of the last passenger steamships ever used on the Great Lakes. I'm sure that the council could have found ways to keep the Norisle open last summer if they really wanted too. I would also like to know what happened to the Haunted Ship? This was a big money-maker for the ship and now it has been stopped.

Sinking the Norisle, I think, would prove to be too costly and would be classified as a navigational hazard. I don't think most divers would take the time from Fathom Five National Park to travel to Manitowaning to dive on one wreck, when they have several to choose from over in Tobermory.

Sending the Norisle to the torch would be a last resort. If you don't want to take care of it anymore, but you would like to see it salvaged, then I suggest either going back to the drawing board and finding some people that care about it, or spending more time advertising it and find a buyer for it that will look after it. I always thought that the Town of Collingwood would be a good place for it. There is the drydock area to house the Norisle; it would have tourist traffic all year round; and it is perfect for the heritage of Collingwood due to the fact that it was constructed there in 1946.

The Norisle is a big part of your town, and I think that if you're going to give up on it, then you are giving up on your town and its future and heritage.

Bryan Morgan

Spring Bay

Stray rescued thanks to Animal Welfare Fund

Please make a donation to this worthwhile fund

To the Expositor:

We would like to take this opportunity to say thank you to the person(s) who started the Animal Welfare Fund on the Island and to everyone who has continually supported it. In early December we had the chance to rescue a small female cat from the Manitowaning Co-op, likely a drop-off or stray. We had no intention of acquiring another pet as we already had two dogs and a cat. It was cold outside and she looked so thin. We took her home and made arrangements to take her to the vet. She had already been a mom and needed to be spayed and get her needles. We asked if there was any financial assistance provided and found out there was. We are very grateful for the help provided and recommend anyone wanting to make a donation to this worthwhile fund please do so.

Bev and Richard Lynch

Tehkummah