IQALUIT
New allegations regarding former Cape Dorset nurse Deborah McKeown have come to light.

Nunavut News/North reported July 18 that McKeown's lawyer was at the Nunavut Court of Justice July 12 to stop an investigation into a complaint with 19 allegations brought forward by the executive director of the Registered Nurses Association of the Northwest Territories and Nunavut.

In fact, there are two separate complaints initiated by executive director Donna Stanley-Young, with a total of 24 allegations dating to McKeown's time working at the Cape Dorset health centre in 2012 and 2013.

In the first letter, dated April 7, Stanley-Young writes to director of professional conduct Jan Inman advising her that a review of conduct is enabled by the Nursing Profession Act of the Northwest Territories and Nunavut.

Attached to that letter are 18 allegations that make up that complaint, detailing actions or lack of actions by nurse-in-charge McKeown regarding specific patients, and instances of failing to follow procedure.

This includes, among others, details about:

• failing to see clients as per policy
• failing to follow up with care for chronically ill clients
• refusing to treat clients, and
• misdiagnosis

For example, allegation #4 states:

"The same patient as allegation #2 (a 69-year-old woman) was on the chronic disease program and was to have blood work done every two months as ordered by Dr. Lee. This blood work was to be done at the health centre. On Feb. 3, 2012, the home care nurse approached Deborah McKeown regarding this as the chronic disease program was Ms. McKeown's responsibility.

"The home care nurse advised Ms. Mckeown that the blood work had not been done in months and Ms. McKeown responded by saying the patient is responsible for booking her own appointments and keeping track of her blood work."

The allegation goes on to quote McKeown as saying she thought there was "too much enabling going on."

In describing the 69-year-old woman, the allegation states she "is a diabetic, had a below the left knee lower leg amputation, osteoarthritis of the left hip, ambulated with crutches and suffered numbness to both hands and at the time of this incident had a healing lesion on the left leg stump."

McKeown's lawyer, Austin Marshall, is seeking to have that complaint, with its 18 allegations quashed.

In the second letter from Stanley-Young dated May 3, this time addressed to the chairperson of the professional conduct committee, seven allegations are brought forward, again citing the Nursing Profession Act.

"I have evidence to indicate the conduct of Deborah McKeown is likely to pose a significant threat to the health or safety of the public," states Stanley-Young in the May 3 letter.

The allegations in this complaint, dating to 2013 after McKeown was made supervisor of community health programs at the Cape Dorset Health centre, include, among others

• a violation of the immunization policy and protocol affecting 37 clients
• failure to stock specific pharmaceutical supplies, such as emergency drugs and anaphylaxis kits in each of the examination/treatment rooms, or discard out-of-date pharmaceutical supplies, such as medications and vaccines
• failure to supervise community health programs to ensure clients were receiving adequate screening, treatment, care and followup, citing 82 clients affected, and
• claiming "overtime for a patient she did not see, advise, treat or consult with."

There is also an allegation that, in 2012, McKeown sold the personal belonging of a nurse who died, without the "authority from any member of the family of the late Susan Validen, any legal representative of the estate of the late Susan Validen or the court."

McKeown is alleged to have said she donated the proceeds of the sale to a school in the community. A health centre staff, who was a member of the school committee, said this had not been done.

"Shortly after this Deborah McKeown did not renew Ittusujak Manning's casual employment at the Cape Dorset Centre," according to the list of allegations.

Marshall is also seeking to have that complaint, with its allegations, quashed.

As well, he is seeking to have both investigations initiated by the chairperson of the professional conduct committee quashed.

None of these allegation have been proven, but are included in court documents.

In Nunavut and the Northwest Territories, registered nurses are part of a legislated self-regulating profession. As such, complaints of professional conduct go to the chairperson of the committee who determines whether the complaint, with its allegations, merits an investigation. If there is an investigation, the chairperson must then decide if there is sufficient evidence for a hearing.

In both applications to the court for judicial review, Marshall outlines the reasons the complaints and the investigation should be quashed:

• the (association's) delay in making the complaint is unreasonable
• the (association) has abused its authority
• certain grounds of the complaint are beyond the (association's) authority

"They've had their crack at Ms. McKeown. And now they're back for a third and fourth time over problems that have been around for a number of years," Marshall said in court July 12.

The association's lawyer, Adrian Wright, sought to dismiss the court action, saying the association's process is legislated. He also noted in court July 12 that Marshall would have an opportunity to address the complaints once the investigation was completed.

"The process should run its course. The court should not get into deciding at this stage whether or not there is any abuse of process. The process is set up to deal with this," said Wright.

Justice Paul Bychok, however, requested the matter be rescheduled for a special chamber session at a later date, saying Marshall had raised serious issues, one of which was whether or not the executive director of the nurses association was acting in bad faith when she filed her two complaints.

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