Questions, Inquiries, and not Forgetting Injured Workers

Questions, Inquiries, and not Forgetting Injured Workers

By: Ryan Young

I think that I speak for most people in this province when I say that I was pleased to see the announcement today regarding the public inquiry into the death of Don Dunphy. Supreme Court Justice Leo Berry, a man with 26 years of experience on the bench, will head up the inquiry. The terms of reference were also released, stating that the purpose of the inquiry is too determine:

-The circumstances of Dunphy's death;

-The reason RNC officer Joe Smyth visited Dunphy, whether he was directed to do so, and if so, by      whom;

-What information was provided as the reason for the RNC officer's visit, as well as its reliability;

-The reason an RNC officer visited Dunphy in the RCMP's jurisdiction;

-The facts surrounding police operations on the day of Dunphy's death;

-Whether use-of-force protocols were properly followed;

-Whether Dunphy's use of social media played any part in his death.

These terms of reference should give Justice Berry a wide enough scope to fully investigate the matter, and hopefully provide some much needed answers in this ongoing tragedy. With the recent comments by retired justice David Riche circulating in the media, we have even more questions about the case and answers must be forthcoming if the Dunphy family and indeed, the whole province, are ever to have some closure in this matter.

Riche’s comments covered a number of concerning issues in the case and have raised more questions than they have answered. Many people are calling for Riche’s independent report to be released to the public but the RCMP maintains that the report will not be released prior to an inquiry. When asked about Riche’s comments, Justice Berry said that Riche was not acting under the purview of legislation, such as the Public Inquiries Act, and as such his opinions were his own. He went on to say: “I will say that I will be dealing with evidence that's presented under oath.” In other words, if Riche’s report is admitted as evidence and/or Riche is asked to testify during the inquiry, Justice Berry would consider the evidence at that time.

Credit must be given to Minister Andrew Parsons for ensuring that this inquiry be realized and for committing to give the truth to the family and the people of Newfoundland and Labrador. It is important to note that Parsons also announced that the Citizen’s Representative would be tasked with examining the history and treatment of Dunphy’s case with Workplace NL. This should be considered a key part of the inquiry process, as it is Dunphy’s ongoing issues with Workplace NL that caused him to become angry and outspoken. Like so many injured workers in this province, Dunphy felt that he was not being treated fairly and demanded better from our elected officials.

I never knew Don Dunphy, but I know plenty of people like him. People that worked hard and were unfortunate to have suffered an injury that resulted in them no longer being able to work. You don’t have to go to far to find someone in a similar situation. It is a broken system that is set up to treat each and every injured worker like a crook. The sheer number of appeals claims should be evidence enough that the system is not working in the best interest of the workers. The process is long and drawn out, with obstacles and barriers at each step along the way. For many it not only means a loss of income and quality of life, but also the loss of everything they had worked so hard for in life up to that point. Mandatory reviews are completed every few years, with Minister Eddie Joyce saying that his government is reviewing the recommendations outlined in the last review in 2013. I urge Minister Joyce and his government to pay more than lip service to this promise and to ease the burden of those who are suffering under the current system.

We really need to do better for our injured workers. Labeling them all as crooks and scam artists and greatly reducing the amount of funds available to them during such traumatic times is wrong and it needs to stop. I am very glad to see the Dunphy inquiry moving forward but I plead to our government that you remember the cause that Don Dunphy died for and do better for our injured workers. Fix the broken system that Mr. Dunphy and so many others have been speaking out about for so long. A fitting tribute to the life of Don Dunphy would be to ensure that no injured worker in Newfoundland and Labrador would ever again be forced to suffer at the hands of an ineffective and uncompassionate system. We can make it happen, we must make it happen. What are we waiting for?

No Justice for Injured Workers

No Justice for Injured Workers

By: Ryan Young

While many of us will celebrate the Easter holiday today with friends and family, there will be one man in particular in the hearts and minds of many Newfoundlanders and Labradoreans. This man will not be having dinner with his family this year. This man was killed in his home on Easter Sunday by a member of Premier Paul Davis’ personal security team. This man was Donald Dunphy.

It is doubtful that we will ever know the full story of what went down that fateful day last Easter. The details of the shooting are still not well known. Other than the fact that Mr. Dunphy was in possession of a weapon, and that he was killed, presumably in defense of what the officer felt was a deadly threat, we don’t really know much at all about the case. The subsequent RCMP investigation has now been turned over to police in Alberta for a full review and we will have to wait until that report is completed until we are given any details about the conclusion of the investigations. Justice Minister Andrew Parsons has promised a public inquiry into the shooting and many people in this province are anxious to find out how a few vague tweets that were being investigated by Paul Davis’ personal security detail, ultimately led to the shooting of Mr.Dunphy in his own home on Easter Sunday, 2015.

It is hoped that a public inquiry would shed light on the chain of events that led to the officer visiting Mr. Dunphy’s home by himself on Easter Sunday. It might also offer some insights into what happened inside the house before events took such a dramatic turn. What neither the police investigations nor an inquiry will provide, however, is justice for injured workers in this province. Don Dunphy was well known to politicians as a vocal advocate for injured workers and as being a constant gadfly on social media. His tweets, which were ultimately perceived as threats by the Paul Davis security team, were only the latest in a constant barrage against government members who were doing nothing for people like him. The investigation and the inquiry may or may not give us a glimpse of what happened last Easter, but it is clear that Don Dunphy will not get the true justice that he so desired.

The way our province treats our injured workers is no less than shameful. The stories of poverty and unimaginable bureaucracy are startling and difficult to listen to. Indeed, Newfoundland and Labrador has higher per-capita administration costs than any other province in Canada for Worker’s Compensation. Despite these high costs, the system has lagged behind to the point that they had to add even more administrators to deal with the current backlog of appeals. The bureaucracy is so bad that many people simply give up and go back to work, despite the inherent risk to their personal health. It is simply better to take their chances than to lose everything trying to make your way through the broken system. In many cases they are the lucky ones. For people like Don Dunphy and many others who are unable to work at all, the system just becomes a never-ending nightmare of poverty and despair.

I am sure that each and every MHA elected last fall heard the same story over and over at the doors. There is certainly no shortage of people speaking out about their own personal situations. Yet neither party included in their election platforms, any type of a plan to deal with this inefficient and unjust system. For the thousands of people suffering at the hands of Worker’s Compensation, there needs to be action now. Dwight Ball promised a government that would remove inefficiencies and ensure better accountability to the residents of Newfoundland and Labrador. This would be a golden opportunity for this government to take charge on an issue and prove that they are willing to take action when the bureaucracy becomes too bloated and inefficient. Legislation reform for injured workers is long overdue in this province and if the Liberals are serious about their promise of a more efficient government, taking a good hard look at the Worker’s Compensation system might just be a good place to start.

Nothing we can do will ever bring back Don Dunphy, but we all bear the collective responsibility of ensuring that his death was not in vein. As much as we want to know the truth about what happened last Easter, I think it is just as important that we remember the cause that he would ultimately fight to his death for. By all accounts Mr. Dunphy was a kind and hardworking man that felt betrayed that his government would let him down. His desire to see changes made to the system were what drove him to openly criticize his elected representatives and demand accountability for their continued injustices. All the man ever really wanted was a little bit of dignity.

I will be taking the time to write Premier Dwight Ball today to remind him of what Mr. Dunphy died for, and to ask him not to forget his ultimate sacrifice. I will ask him to stand up for our injured workers and to ensure that they are able to live with the dignity that they deserve. As you all enjoy your holiday, I hope that you can take a few minutes to do the same. The memory of Don Dunphy deserves no less. In the face of all he has given, I think we owe it to Mr. Dunphy to pick up his fight and demand justice for injured workers.

You can reach Premier Ball at premier@gov.nl.ca