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Coroner still waiting for report

Adam Johnson
Northern News Services
Wednesday, July 25, 2007

YELLOWKNIFE - More than two years after two Yellowknife firefighters died on the job, the NWT's chief coroner is still waiting for the last piece of information he needs to decide if he wants to hold an inquest into their deaths - a report from the Worker's Compensation Board.

"My problem is I can't get anything from the WCB," said Chief Coroner Percy Kinney.

The issue is in the legal agreement that exists between the WCB and the City of Yellowknife.

In October 2006, charges laid by WCB against the city and deputy fire Chief Darcy Hernblad were stayed after the city agreed to put $300,000 into a fire department safety fund, report to the WCB every six months on how the fund was being used, submit Hernblad to a competency test and offer training to all officers in positions of command. The WCB will not move forward until it considers the case closed - when these requirements have been met.

"Until they do that, my hands are tied," Kinney said.

Susan Abernethy, acting public relations manager with the WCB, said the deadline for these compliance orders is October 2007.

"At that point, we will consider the process complete and we'll be able to release the documents," she said.

"If they don't meet (the orders), then we will consider our options at that point."

However, she added she believes the city would have no problem meeting those requirements.

"We have been working closely with them," she said.

The city was initially charged with failing to take all necessary and reasonable fire precautions during the fire and failing to provide adequate safety training beforehand.

The charges stemmed from the March 17, 2005 deaths of firefighters Cyril Fyfe and Kevin Olson. Both were killed when the roof of a shed at the Home Building Centre collapsed on them.

While Kinney said he could technically decide to call to call an inquest at any time, he preferred to have all the details first.

"Without (the report) I would be making an move to inquest in isolation of the all the facts," he said. "I like to have all the information before I render a decision."

Kinney said this sort of wait is not unusual when court cases are involved, citing homicide cases where years-long waits were normal to get final information from police.

"That's unfortunate, but that's how the system needs to work," he said.

"Sometimes so much time passes that an inquest doesn't seem appropriate anymore."