IQALUIT
The nurse at the heart of a 2012 Cape Dorset baby-death scandal is seeking a judicial review in the Nunavut Court of Justice to have the suspension of her nursing licence quashed.
Deborah McKeown, represented by Yellowknife attorney Austin Marshall, is seeking a variety of orders from the court.
McKeown's licence was suspended by the Registered Nurses Association of the Northwest Territories and Nunavut in May 2014 as a result of an investigation into a complaint.
But the application to the court states that McKeown received notice of the complaint against her in February 2012 and that she agreed to a resolution through the association's alternative resolution procedure.
"(McKeown) agreed to a condition on her licence that she take certain courses. (She) completed the courses to the satisfaction of the (association). In July 2013, the (association) removed the conditions from her licence," states the application to the court.
The application then states that in January, 2014 the association began a "re-investigation into the same complaint," which resulted in an interim suspension in May, 2014.
Also, in January 2014, internal communications at the Department of Health show that Elise Van Schaik, then director of health programs for the southern Baffin region, was just learning about a situation in Cape Dorset as it involved McKeown.
"Yesterday, without any previous knowledge of the existence of this letter, we were provided with a copy of a letter by Jan Inman, director of professional conduct review of the (Registered Nurses Association of the Northwest Territories and Nunavut)," states Van Schaik in an e-mail dated Jan. 12, 2014 and addressed to Roy Inglangsuk, regional director of health, Baffin region.
In that letter, it was revealed that there were restrictions to McKeown's certificate of registration, notably that she was not to "provide health care to any patient who is younger than 10 years of age other than emergency situations."
Van Schaik stated the letter was not copied to anyone in the department.
In her e-mail, Van Schaik goes on to say, "The decision made by Heather Hackney (Van Schaik's predecessor as director of health programs for the southern Baffin region) to opt to have this employee continue to practice with these restrictions was not only neglect, but grossly incompetent.
"Heather Hackney not only had a responsibility to strictly enforce a workplace setting to closely monitor this employee, but failed in her responsibility to ensure that a thorough investigation of the facts was undertaken and that the safety of the public was given top priority."
Van Schaik, who was then in Cape Dorset conducting a "360 review" of McKeown, then states, "It is my professional position, that at this time, I cannot ensure the safety of the public with Debbie McKeown in her role as supervisor and health care provider at the Cape Dorset Health Centre."
She recommends McKeown's termination.
"There is no margin for error when it comes to human life."
In the application for the judicial review of McKeown's suspension, Marshall states that the association had "no authority to re-investigate the complaint" against his client. Marshall and McKeown are also seeking a mandatory order that the association be restrained "from inquiring further into the complaint," an "order quashing the decision of the chairperson of the professional conduct committee," and an "order quashing the decision of the professional conduct interim panel."
The request for a judicial review is to resume in court in March.
