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andrew.weaver.mla@leg.bc.ca

Today in the legislature we debated Bill 9: The Workers Compensation Amendment Act, 2018 at second reading. This bill updates the Workers Compensation Act for eligible occupations (correction officer, an emergency medical assistant, a firefighter, a police officer, a sheriff or other as prescribed by regulation) who are exposed to one or more traumatic events over the course of their employment and are subsequently diagnosed with a mental disorder. The disorder will be presumed to have been caused by the nature of their work rather than having to prove that it was work-related. British Columbia is one of the last such jurisdictions in Canada to have such legislation.

In speaking to this bill, I articulate why I’m convinced that it doesn’t go far enough. I provide examples as to why I believe teachers, social workers, nurses, office workers, construction workers and others need to be included in the presumptive language. I will be introducing an amendment at committee stage tomorrow to extend this presumptive clause to all workers. Doing so would bring us up to the standards already in place in Alberta and in Saskatchewan.

I conclude by reading into the record (with permission) a tragic, yet illustrative, story sent to me by a 911 call receiver. I cannot understand, nor accept, the fact that when NDP MLA Shane Simpson (Vancouver Hastings) was in opposition he included 9-1-1 communications officers in his Private Members Bill (both in 2016 and on February 16, 2017,  just prior to last year’s election) yet now, when the BC NDP have the chance to update the legislation, they have not included them. I can only assume it was an inadvertent oversight and I will be asking the Minister about this tomorrow.

Below I reproduce the text and video of my speech.


Text of Speech


A. Weaver: Thank you to the minister for bringing this bill forward, Bill 9, the Workers Compensation Amendment Act, 2018 — a bill which I clearly strong in strong support of, with my colleagues in this House.

As was mentioned by my colleague from Chilliwack, this bill updates the Workers Compensation Act so that those working in eligible occupations — we’ll come to that in a minute — who are exposed to one or more traumatic events over the course of their employment and are subsequently diagnosed with a mental disorder…. We’ll come to that as well in a second. They will be presumed to have been caused by the nature of their work rather than having to prove that it was work-related.

Now, this particular bill is targeting the eligible occupations — namely a correction officer, an emergency medical assistant, a firefighter, a police officer, a sheriff or other as prescribed by regulation. Now, that’s important, that other as “prescribed by regulation,” and we’ll come to that as well.

The term, as I also mentioned in that introduction, “mental disorder” is actually a term that is defined by the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders. Right now that’s in its 5th edition. It’s termed DSM-V. That fifth edition was published in 2013 and is presently in the process of being updated.

I’ll start here, because it’s a very important interjection that I’d like to do right off the bat to highlight one particular difference between the present legislation and that legislation which was brought in by the member for Vancouver-Hastings, the now the minister…. I’m having slight trouble with the title of the ministry. I do apologize. He brought in, in 2016, Bill M203, the Workers Compensation Amendment Act, 2016. It was a private member’s bill.

I sat in the legislature as the member then read it in. We passed first reading, of course. It wasn’t brought for discussion. Why that’s important is…. I’ve mentioned the eligible occupations already. If we refer to this previous bill and we look at the eligible occupations in that case, we see a number of differences. We see here, when we look at first responder it means the following: an individual who is a emergency medical assistant, licensed by the emergency medical assistants licensing board, a full-time firefighter or part-time volunteer firefighter, an individual appointed as a peace officer, police officer, sheriff or corrections officer. All of those are covered.

But most importantly, section 5.2(e) of the private member’s bill brought in by member for Vancouver-Hastings says this: “(e) a 9-1-1 communications officer employed by any of the above organizations or by Emergency Communications for British Columbia Inc.” That’s important, because that one distinction is a difference between the private member’s bill that clearly his party was supporting back in 2016. It does not appear here in Bill 9. It’s specifically excluded.

I suspect that the minister, through the Lieutenant-Governor, orders-in-council, will prescribe this profession, coming into the future. But I will be, as we move forward, proposing a number of amendments to this bill, and one of those will be specifically to deal with 911 dispatchers for reasons and rationale that I’ll describe shortly.

Only Quebec, Nunavut, Northwest Territories, Newfoundland and Labrador, British Columbia and the federal government, Canada, do not already have some form of presumptive language or legislation for mental health concerns.

In particular, at the federal level, recognizing some of the concern with respect to our military coming home — the preponderance of PTSD and the unacceptable and sad rise in suicide amongst our military personnel, people who put their lives on the line for all of us — the federal government last year — done, actually, by a British Columbian…. The MP for Cariboo–Prince George, Todd Doherty, introduced a private member’s bill called Bill C-211, an act respecting a federal framework on post-traumatic stress disorder. He was looking to create this federal framework to address PTSD in general.

Right now — it’s actually good news; I’m hoping it follows through — it’s passed through the House of Commons. It was passed through third reading on June 16, 2017. It’s presently sitting before the Senate at second reading and is being debated this year, in fact. If we come to some of the language from the government’s backgrounder in the press release….

I think it’s important to read this into the record, because it highlights some of the background for why I will be bringing forth some amendments for discussion at committee stage. The backgrounder for the Workers Compensation Amendment Act states as following. It states: “Currently the Workers Compensation Act provides any worker with workers’ compensation” — the term “worker” is actually defined under the act, and I encourage people to see how it’s defined — “for a mental disorder” — again, that’s described in terms of the American Psychiatric Association’s Diagnostic and Statistics Manual — “caused by their work, including PTSD.”

There are two recognized situation for work-related mental disorders. This is critical. “There are two recognized situations of work-related mental disorders: (1) a reaction to one or more traumatic events at work, or (2) one primarily caused by significant work-related stressors, such as bullying and harassment.” In both of these situations, I’ll cite some examples of why I think that we need to be a little more inclusive in this legislation.

It’s quite clear to me that this legislation is targeting professions that you might get a lot of 1 — that is, a reaction to one or more singular or multiple traumatic events — but less so to No. 2, even though it still would apply to No. 2, which is primarily caused by significant work-related stressors, such as bullying and harassment. It would apply to those same professions.

It continues in the backgrounder and says: “In order for the claim to be accepted, medical and/or scientific evidence must be provided to establish that the condition arose out of their employment, in addition to a diagnosis by a psychiatrist or psychologist.”

That’s in the current one. That puts the onus of proof on the sufferer of the mental disorder. That, in and of itself, can be profoundly troubling and creates great mental anguish for the person who’s actually been exposed to the issue causing them a mental disorder.

In some cases, they might choose not to pursue it, because of having to relive the experience. In other cases, they might try to pursue it, to their frustration, and adding to the compounding of their mental disorder because of the fact they feel the system is not listening to them. Indeed, I have examples of that too.

A presumptive clause…. “A presumption under the act,” as here, “provides that, if a worker has been employed in certain occupations” — again, coming back, those are a correction officer, emergency medical assistant, firefighter, police officer, sheriff or others as prescribed by regulation — “and develops a disease or disorder that is recognized as being associated with that occupation, then the condition is presumed to have been due to the nature of their work unless the contrary is proved.”

So it switches the onus of burden. You still have to go through the process of meeting with doctors, qualified psychologists and psychiatrists, and having this condition professionally assessed and determined to be a result of a certain cause or causes or systemic problems in the work environment. Now, though ,with a presumptive condition, there is no longer a need to prove that a claimant’s disease or disorder is work-related.

“The proposed legislative amendments,” it further says, “will establish a new mental disorder presumption when the condition is a reaction to traumatic events at work.”

A secondary thing. I’ll very briefly touch upon another…. It’s a very welcome addition, and frankly, I think it’s an oversight to previous additions to this act. It’s not going to be the dominant discussion within this House, but it’s profoundly important, particularly for some of my friends who actually work on the Esquimalt DND firefighters. The amendments in this act will expand existing cancer presumptions to federal firefighters.

In our area, it’s very specific to DND. The DND firefighter comes in to help out, in Esquimalt, Victoria and elsewhere, when there are large calls, They are very active and, in fact, exposed to the same chemicals, particularly if they’re working side by side with Victoria or Esquimalt or View Royal or Colwood firefighters.

This new legislation is going to bring existing cancer presumptions to these federal firefighters employed on military. Federal firefighters currently who qualify for the heart disease and injury presumptions…. While they do already qualify for that that, they’re not qualified for the cancer presumption. So this is a good addition, because at present, it’s limited to local government firefighters under the provision.

This act, again, is a direct response, in my view, as was the previous private member’s bill, to a Union of B.C. Municipalities call for an amendment to the Workers Compensation Act to include a presumptive clause for first responders.

In 2015, the UBCM, the Union of B.C. Municipalities, which represents the local governments across British Columbia, specifically passed a resolution. I thank the good municipality of Central Saanich, embedded within the provincial riding of Saanich North and the Islands, where my friend who’s not here right now is from — my friend to my right here.

This is the motion that they put that was passed at UBCM. It says this. “Whereas first responders will include 911 operators….” Again, the motion specifically refers to 911 operators. They’re talking there about call receivers as well as call dispatchers. It says here, “Paramedics, firefighters, peace officers, police officers, sheriffs, correction officers and many first responders have been affected by mental health injury/disorder” — thus replacing “PTSD” with “mental health injury.” It says: “Whereas there is a need to change the Workers Compensation Act, under section 5.1, to add a presumptive clause as it is possible that within first responders’ duties, they will encounter horrific acts and develop a mental health injury.

“Therefore, be it resolved that a two-month maximum deadline be implemented when making a decision, at any decision point of the claim regarding a mental health injury claim, based on one psychologist’s and/or one psychiatrist’s report, and be it further resolved that upon receipt of a mental health injury claim, the worker should receive immediate financial benefits and treatment, with the understanding and agreement of the worker, their specialist and WorkSafe B.C., that if it is proven that the injury was not as a result of their duties of employment, there will be a repayment plan for the costs.

“Be it further resolved that when the worker is fit to return to work or retraining,” there will be a follow-up plan, to be agreed upon by WorkSafe B.C., the specialist and the worker.

“And be it resolved that under policy 97.34…” — Those of you who’ve been to UBCMs will realize that there are many, many policies. I challenge people to find this. They will, but there are a lot of them to go through. — “…a conflict of medical opinion, the probable difference of opinion shall be discussed with the physicians or referred to the treating physicians or specialists involved. If it is concluded that there is doubt on any issue, the board must follow the mandate of section 99 of the Workers Compensation Act and resolve that issue in a manner that favours the worker.

“And be it resolved that the province of British Columbia adds new legislative action to section 5.1 of the Workers Compensation Act, adding a presumptive clause for mental health injuries as set forth in the resolution to ensure the well-being of all first responders who have sustained a mental health injury.” Coming back again to that specific motion passed at UBCM in 2015, the first one that was included, for 911 operators.

Continuing back to the motion, it says: “A motion duly moved and seconded to amend the resolution by replacing the five enactment clauses with one enactment clause, reading: ‘Therefore, be it resolved that the provincial government work with WorkSafe B.C., first responders and other stakeholders to review and amend the Workers Compensation Act with the goal of supporting the well-being of first responders who have sustained a mental health injury….'”

That’s just getting complicated. It says it was not endorsed there. But that was a bunch of sub-motions within it. Nevertheless, we have that coming out of UBCM. It’s good to see that the government has responded to that.

But what’s more important as well here, of course, is that we have to ask the question: why is it that B.C. took so long to actually deal with this issue? We are really, other than Quebec, one of the large, major provinces to move forward with it.

We have two shining examples in Canada, those being the provinces of Alberta and Saskatchewan — we’ll come back to that in a second — who actually recognized, coming earlier to the government’s backgrounder, that there are two situations of work-related mental disorders: a reaction to one or more traumatic events at work and one primarily caused by significant work-related stressors such as bullying and harassment.

Recognizing that, the provinces of Alberta and Saskatchewan now cover all psychological injuries defined by the Diagnostic and Statistical Manual, and they do so for all professions. Why is that important? Most other provinces — Manitoba, Ontario, New Brunswick, Nova Scotia, Yukon, Prince Edward Island, for example — largely cover PTSD, although in Ontario, there’s some new legislation coming forward adding nurses as well. But why is it that we have more progressive provinces actually going further?

Let’s go directly to the Workers Compensation Board fact sheets from both Alberta and Saskatchewan. Alberta has two such fact sheets that are relevant here — the traumatic psychological injury fact sheet and the post-traumatic stress disorder fact sheet. That’s the PTSD fact sheet. Let’s focus on what it says is the difference.

Effective December 2012, Alberta actually covered firefighters with PTSD presumptive clauses as well as emergency medical technicians and police officers appointed under provincial regulation. Also, effective April 1, they’ve added correctional officers and emergency dispatchers too.

If we look at the traumatic, psychological injury within Alberta, we see that that extends…. Effective 2018, it says “All workers covered under the Workers’ Compensation Act who have been: a) exposed to a traumatic event during the course of employment that could lead to PTSD, and b) diagnosed with a psychological injury by a physician or psychologist are eligible for presumptive coverage through WCB-Alberta, unless the contrary is proven.”

This in Alberta applies to every worker in Alberta — whether you be a teacher, a nurse, an emergency dispatcher, or whether you happen to be a social worker. Let’s imagine some cases. We see this legislation here as a direct response to very effective lobbying by police, by firefighters, and we thank them for their lobbying. But as legislators, we must not stop there and say that those who have lobbied are the only ones who have the issue.

I would argue that they are very efficient and effective lobbyers, and they are lobbying not only on behalf of their profession but for the broader society as a whole. I have a cousin who is a firefighter. I understand what it’s like to…. I don’t understand to be there, but I want to understand what it’s like to witness someone come home after they’ve scraped someone off the road following a significant car injury.

Over the years I have done some expert witnessing myself in forensic meteorology, and I’ve seen horrific pictures. But I’ve only seen them as pictures. I cannot imagine what people — firefighters, paramedics or first responders — would actually see when they go there, and having to scrape this off. Or in Oak Bay, those police who had to show up at the home of the two young children who were murdered by their father — can you imagine what they went through? I understand this.

But let’s also think about that social worker, that social worker who has to go into a home, and goes into a home and sees systemic child abuse happening in a home. Suppose that social worker who’s seeing systemic child abuse tries to get their superior to take steps to deal with it, and they’re not. That can be a problem. That can lead to profound problems down the road.

What about teachers? What about a teacher who is standing up and teaching the class for years, and then all of a sudden, they have a child in the class that’s clearly coming from a troubled home. The teacher has a duty to report a corresponding report, and teachers are professionals. They will and do all the time. But there are times, and I’m dealing with some in my own constituency, when nobody listens. The administration is not supportive. The system starts to protect itself. Yet the teacher is the one who has to deal with this on the front line. This can lead to down-the-road and ongoing systemic issues with respect to depression and anxiety.

Again, I come to a case that’s going on in my constituency right now, a very serious case that falls right in that definition. Where is WCB for them? Where is WCB for the person who now has to prove that their illness comes from the work environment?

When the system is trying to protect itself, that can be very hard, because your superiors are not going to be writers of letters saying “yes, we understand this person.” This is why it’s critical to include the….

What about nurses, who are front-line responders in many cases? Why are they not included in this? They would be in Alberta — I’ll come to Saskatchewan in a second. They would be in Alberta.

What about heavy truck drivers working on-site, where a major accident, a construction accident, occurs? It can have devastating effects on the workers on that construction site. It could have devastating psychological effects, which can be, through proper medical intervention, assessed and attributed to that accident. But they’re not covered under workmen’s compensation. Yet in Alberta, they would be.

What about somebody working in an office in downtown Kelowna, in an abusive work environment? But that person happens to be a single mother or a single father, and they’re earning just enough to make ends meet, because at home, they have an autistic child, and they have no family in town. They’ve got this one job, and they can’t quit this job, because if they quit this job, they’ll be on welfare.

Yet they’re in a systemically abusive environment that leads to depression and anxiety disorders or other such mental illness. They go to their psychiatrist, they go to their psychologist, and it’s very clear that it comes from the recommendations there. But again, they have to prove this. And as somebody going forward to workmen’s compensation has to prove it, they have to relive everything. They have to relive all of those experiences as they try to prove that their illness is a direct consequence of their work.

Progressive jurisdictions like Alberta — and let’s go to Saskatchewan — recognize this. They recognize that it doesn’t stop the due medical process from still occurring. It doesn’t stop workmen’s compensation from challenging an assessment, but it does provide a presumptive clause that would ensure that workers actually don’t have to relive every incident in order to prove it before workmen’s compensation.

Let’s go to Saskatchewan, another progressive jurisdiction. Now, Saskatchewan has a two-page fact sheet. If you go to page 2 on this fact sheet entitled Psychological Injuries, it says this: “Does the psychological injury presumptive clause guarantee that my WCB claim will be accepted?” It says this: “The WCB” — that’s Workmen’s Compensation Board — “will gather information to determine if you’ve been exposed to a traumatic event or series of traumatic events that occurred during work and if it is acceptable under the presumption.”

So they’re still able to gather evidence. They’re still able to make an assessment and a potential challenge if they don’t believe this was a result, but the presumptive language is there. The presumptive language is in the legislation that would protect the worker from actually having to relive that experience.

This doesn’t cost a lot at all.  I suspect that government will step forward and suggest that in the case of some of them…. WorkSafe B.C. undertook these projections, and they suggested that the total cost for the presumption of the group of workers considered here would be $6.3 million a year across all of B.C.

It’s not clear if that’s going to have any effect on actual premiums, because WorkSafe B.C. doesn’t actually spend all the money they’re bringing in at this stage. So that could just be zero cost. And of course, any increases in WCB would actually go down to the local government and the municipal level, and the impacts depend on the size or the payroll.

For example, Terrace. Terrace is a small municipality, and it’s estimated that the presumptive clause, for all included classes, would have cost about $4,000 a year. That’s $4,000 for the entire city of Terrace. I think it’s worth it. Kelowna is a medium-sized city. In Kelowna, it’s $32,000 a year to cover all of these in presumptive clauses — $32,000 a year alone. It’s not a lot. In Surrey, it would be $86,000 a year — a large metropolis city there. So we’re not talking about a lot of money in these.

However, it’s critical to also think about not only the upfront costs but also the costs avoided — again, not only with the specific case of the people who are eligible workers but also with broader society. If you can avoid long-term costs of health care, long-term costs associated with frustration compounding mental disorders because of a lack of ability, feeling out of control from an inability to actually advocate for yourself when no one’s listening to the job environment, you could save money in the long term.

Not only that, but with a presumptive clause it gives WCB a little bit of power — a little bit of power that’s absolutely critical, particularly in larger institutions. Why that is critical is that if we come back earlier, to the two classes that are covered now in the present Workers Compensation Act, the two classes of coverage…. The two classes — I want to get them exactly right for Hansard so that I’m not misquoting. Here we go. The two classes — two, three…. I seem to be filibustering my own time here. I don’t mean to do that. Here it is.

The first one is, of course, a reaction to one or more traumatic events at work. That’s the first class. The second is one primarily caused by significant work-related stressors, such as bullying or harassment.

I’m the designated speaker, Hon. Speaker.

Coming back to No. 2, No. 2 is critical — one primarily caused by significant work-related stressors, such as bullying or harassment. Now, why is that important? We all know about people who work in larger institutions. Whether they be government, hospitals or hospital boards, universities, school districts or colleges, or whether they be large places of work — we all know, and have many a story to tell, about workplace bullying and harassment that goes on. In these institutions, very often, people feel that nobody is listening. The reason why they feel that nobody is listening is because you have to prove that a mental health issue would be a direct consequence of your work.

With the presumptive clause, the onus then comes on the employer: rather than to cover something up, to actually deal with the systemic problem. Otherwise, their Workers Compensation Board fees are going to go up. There’s an incentive to actually deal with workplace bullying, if you actually include a presumptive clause for all types of workers covered under the act.

I find it odd that I am the leader of the B.C. Green Party and that I’m arguing better labour policy to the NDP. This is a very odd situation. I can only hope that they see the light and recognize what Alberta and Saskatchewan did — that this is about incentivizing safe work environments. Two years ago now I stood in this House and introduced a bill that would require university campuses to add sexualized violence policies, to insist that they have them. The culture on campuses, from small to big, was one of: “It’s not our problem.” It’s one of not dealing with the problem.

These universities and colleges and smaller institutions want to be perceived as safe places for students. So if there’s an issue of sexualized violence, it’s kept under the table. It’s quiet, and policies aren’t really implemented. The Premier at the time stood up and agreed that this was an important issue, and we saw that legislation pass. It’s led to good policy being put in at many, but not all, institutions. All institutions have it, but not all have that as good policy, as we’ll hear about in the weeks and months coming, ahead.

Nevertheless, it required institutions to recognize that a problem exists. The ultimate penalty that they would have would be the stick of advanced education funding, which could ensure that they actually dealt with it.

In the case of workmen’s compensation, they too have a stick. If you are in an unhealthy work environment, one that’s conducive to bullying and harassment…. We all know examples of this going on. If your management does not step in to deal with it and workers start to go on leave and, following the presumptive clause, that reason for leave is actually pinned on the work environment — without having to relive it and prove it — then there’s an incentive to actually stop, to intervene, because your premiums will go up. You can bet that when it starts to affect your bottom line, it will make a difference.

I will not accept arguments from government that somehow this is going to cost, oh, so much to everyone. In fact, it should not cost anything. If institutions step up to deal with the problem, they should actually not cause it to rise. It’s there to protect workers. It’s there to save the health care system. And it’s there to ensure that institutions step in to deal with systemic bullying and harassment that too often is ignored in larger institutions across our province.

In Alberta and Saskatchewan…. Again, one government, an NDP government, and another government — well, Saskatchewan Party — is, let’s call it, the Conservative government. Across the spectrum. This isn’t a partisan issue. It’s a recognition of good public policy that employers need to be responsible and not everybody has the ability to quit a job and go somewhere else.

I want to come back…. I’ve talked about nurses. I’ve talked about teachers. I’ve talked about construction workers. I’ve talked about 911 dispatchers. And I’ve talked about office workers, but there are many other professions. I want to focus right now, a little bit, on 911 operators. I’m going to focus that on a story, because I think a story says it all.

I cannot accept that government has any rationale not to have 911 operators named in this act. I cannot accept that. We know, according to the Canadian Journal of Psychiatry, that public-safety personnel — including paramedics, police, firefighters, dispatchers and correction officers — are four times more likely than the general population to screen positive for clinically significant symptoms consistent with one or more of the mental disorders that we’ve been talking about.

If we need the research on that for 911 dispatchers, I have some right here. It’s not a prop. It’s just white paper. I have in my hands a document that I won’t read in its entirety into the record, but it’s a thesis that was from the University of the Fraser Valley. A fine institution from down in the valley.

Interjection.

A. Weaver: Thank you to the member for Chilliwack-Kent. He recognizes it is a very fine institution.

It’s a master of arts in criminal justice. Actually, hon. Speaker, I suspect our Speaker might be aware of this particular article, because it was from his former department, there, at the University of the Fraser Valley.

Its title is “Prevalence of PTSD Symptoms in Canadian 911 Operators.” We have an entire study here — and it’s B.C. focused — that points out the obvious issues with respect to mental illness, particularly PTSD and others, that are associated with emergency dispatchers and call receivers.

Let me finish with a story that I’d like to read into the record. This is a story that I’ll read, and I’ve been given permission by the person who got it to read it. She or he has given me that permission. What I’ve done here is — I don’t want to give out any names — I’ve removed identifying markers in this. It’s a story that I can vouch to be true, from a very real person in a very real part of British Columbia that had very profound consequences. This person, now, has told me about how she or he has consulted at least six dispatchers from not committing suicide.

The stories I heard — not only from nurses, not only from teachers, but from emergency dispatchers. One of these stories was a caller, a caller who received a 911 call from a passenger who was in a car in motor vehicle accident, reporting that. That passenger sees a head rolling by, a dismembered head. Can you imagine that? The caller is on the phone, dealing with this passenger, as this passenger is in hysterics. That had a profound effect, because that person is the first responder.

I hope government listens to this story and reflects upon it, prior to us debating this in committee stage. The story goes like this:

“Mr. X was his name. He lived on the second floor of a four-storey apartment building, about a block or so away from ‘YYY.’ I don’t remember the street name anymore, although I do remember that it has exterior stairs that go up to each floor, because ERT used them” — that’s emergency response team — “and I remember hearing them stomp up them, clanging on the metal stairs outside his open window.

“I received a 911 call, where all I heard was a muffled sound of pain and then a hangup. When I called back, a male with a thick accent answered, and he didn’t want to talk to me, but clearly he was crying and/or in pain. I worked hard to establish a conversation with him to find out what was going on.

“Eventually, he trusted me and told me that he had already committed hara-kiri by stabbing himself in the stomach with a large knife and was currently sitting on his bed, with his entrails hanging out. He tried to kill himself and now was really scared and didn’t want to die alone — not that he didn’t want to die. He just didn’t want to die alone.”

“I created the priority-one call and advised the chief dispatcher, who then continued to listen, for a bit, off and on through the call.

“His apartment door was locked, and so this became a barricaded man with a weapon call, and ERT was called out. He refused to talk to the officer at the window, but when talking to me, he would go back and forth between wanting to live and wanting to die. I convinced him that I cared and that if he wanted to live, then he needed to come outside so the officers and the waiting ambulance could get him to hospital for help.

“He believed me and was going to come out. Then he heard the ERT officer ask for a member at the parking lot to bring him the spud gun. This set Mr. X off on a tangent of terror. He didn’t want to be shot. He wanted to live, but he refused to talk to the ERT member at the window.

“At this time, he was still bleeding, and the knife was still in his stomach. He kept telling me he was going to just pull out the knife and let himself bleed to death if the cop at the window wouldn’t leave.

“On my end, I had my team manager telling me to hang up — the chief dispatcher telling me to hang up. Common sense told me to hang up, but I couldn’t. I couldn’t be the person who caused this man’s death.

“I told Mr. X that he needed to talk to the cop at the window, that they were there to help him. He went really quiet and then wouldn’t answer me when I asked him if he was still there. So I clicked on my mute button so he would believe that I had hung up — and then just listened.

“All this time, I was typing as well, letting the officers know what was happening and the dispatcher was doing the same with their stuff. I saw, in the call, the request for the spud gun and that there wasn’t one on scene, but it was on the way. They were waiting and still trying to establish contact with Mr. X, trying to strike up a rapport with him. He kept crying and denying them, accusing them of trying to kill him and asking them to let him talk to me.”

Remember, at this juncture, she’s on the phone with the mute button, unable to speak.

“He blamed them for making me hang up and told them that he was going to die because of it. Car number, number” — I won’t say what number it was — “was there as well, and he asked the chief dispatcher where the call-taker was. He was advised that I was still on the line but was being silent on mute. They were also still waiting for a negotiator to arrive. He was at least another 30 minutes away at this point.”

Hon. Speaker, you’ve got the picture now. A man — knife in his stomach, entrails hanging out. Because he has a knife, we have an ERT team. We now have to wait 30 minutes for the ERT team to come because he’s an armed person in there.

And who’s on the phone? This one emergency dispatcher.

I continue with the story:

“I knew that Mr. X wasn’t going to live that long. If he was bleeding badly from his belly, then we didn’t have much time. I don’t know who it was, but I heard through my headset an officer yell at the dispatcher to tell me to hang the f… up.”

I’ll let Hansard fill that in if they choose to. I don’t think it’s parliamentary to do so, but I’m reading directly here from this thing:

“I do know, though, that it wasn’t car X because it wasn’t his voice. I know his voice. I felt the horror, the terror of impending death, the helplessness of having my hands tied, incapable of doing anything for this man, and I could not hang up. I was frozen. I was convinced that if I hung up, he was going to die. I also believed at that point that if I said anything more, I would be in big trouble. So I sat there for about ten minutes, listening, vibrating physically, and tears running down my face. I saw in the call that the spud gun had arrived, and I could hear the dispatcher’s comments that an ERT member was trying to get a clear shot from the window. They were going to shoot him.

“Now, common sense tells me that this won’t kill the average man” — it’s a spud gun, hon. Speaker — “but this man already had his guts hanging out of his belly, had already lost a lot of blood and was already traumatized by all this.” I’m quoting again: “F…!”

No need to fill it in. It’s in the text here. This is a direct quote that was given to a psychiatrist in terms of what happened.

“I looked over at the dispatcher, who was looking at me. She very slowly nodded her head at me in my tears. She knew that I could change this around if I was allowed to try. I think she was telling me to go ahead and do it anyways. At this point, I had created the call almost 40 minutes ago.”

That’s 40 minutes this woman, this call receiver, sat through this traumatic event. And there wasn’t much time left to get any help at all.

“I made the decision and typed into the call that I had established a trust with the man and that I was going to re-establish contact with him now. At this point, Mr. X was yelling at the cops to all go away and leave him alone to die, that he was going to die and it was their fault. I started saying his name over and over until he stopped yelling and he heard me. I started talking with him again, got him to listen to what I was saying and trust me again. I talked him into coming outside with his hands up and letting the officers get him the help he needed, and he did. I typed this into the call, and the chief dispatcher came back on the line. She coordinated it with the ERT while I talked to Mr. X. He was scared, but he did it. He unlocked the door. Then we counted to three, and he opened it and stepped outside.

“I heard the officers take him down and him screaming all the way through it. They got him into the ambulance and off to hospital. I then hung up and just about collapsed. I had to leave the room. But on my way out, I heard the chief dispatcher talking on the phone with someone that I could assume was car X. She was defending me, telling that person, ‘Well, she did, so it doesn’t matter….  Well, she did….’ as I walked past her out of the room.

“When I came back into the room about 20 minutes later, car X was there talking to my team manager. He was visibly angry and told me in a very stern voice: ‘I don’t ever want to hear of you doing that again. ‘ But then he stuck his hand out to shake mine and said: ‘Good job. You should take negotiator training.’ What? I was left with the feeling of not knowing whether I was in trouble or being congratulated, whether I was coming or going.

“I never found out whether or not Mr. X lived. I tried to find out a few months later. The officers didn’t know, and victim services was unable to confirm he survived — equals, he did not.

“I feel the guilt and responsibility for this young man’s death. It is a moral injury that I will likely never recover from. The kicker here: my employer and X inspectors wrote me an ‘attaboy’ for a job well done. They congratulated me for successfully causing a human being’s death. I didn’t sign up for that. I’m not a police officer. I was never prepared for this possibility.”

Now, that is just one of many, many such stories that I have received over the last few weeks. I’ve got stories like this from nurses, and I’ve got stories like this from teachers, and I’ve got stories like this from a diverse array of professions.

But one thing I cannot accept is that when in opposition, this government delivered a private member’s bill that included specifically 911 dispatchers and callers and now, when in government, they leave out 911 dispatchers and call receivers.

They are first responders. In many cases, they are the first responder and the last person to hear someone alive, the last person to be the first responder while someone’s alive. They listen to cases like this. There are many, many other examples.

I understand that some emergency dispatchers are paramedics and so would be covered and that some are police officers and so would be covered, but not all. Many are just civilians and need to be covered under this legislation.

So over the course of the estimates, I have a series of amendments to bring forward — one of which I hope is passed, which I’m putting in; it’s on the order paper — to extend this legislation across other jurisdictions, all other workers, as defined in the act, just like they’ve done in Alberta, just like they’ve done in Saskatchewan, to actually protect workers from abusive work environments as well as to provide presumptive clauses not only for systemic harassment and bullying but also for traumatic events.

That’s the first, and I hope government sees the wisdom in that. As people look at the order paper amendment that I’ll bring in at committee stage, you’ll note that I recognize that government may have done some back work. So royal assent with the amendment would remain the same now, as proposed here, but would be extended a year so that we would give government a time to have royal assent for all other workers not already defined in the amendment here.

That’s the first one. I have some subsequent ones, hoping it will not be necessary to raise, under the assumption that government recognizes that we can do better. We can do better, and at least, we’ve got to do as well as Alberta and Saskatchewan. We’re a western province.

We value our workplace. For the first time in a very long time, we have a progressive, democratic government here, a government that actually brought in private members’ bills to do this and, in my view, are timidly responding in a populist fashion only to those who have directly lobbied without thinking about the broader consequences and the broader opportunity that is sitting before us now.

I thank you for your attention, and I look forward to debating it further at committee stage.


Video of Speech


One Comment

  1. James Melrose-Reply
    April 17, 2018 at 9:38 am

    I’m probably first person leaving a comment because most injured workers (including myself) aren’t even aware that this bill currently exists and is being read in parliament. I am extremely concerned that this bill is going to be passed (for emergency responders only) without addressing all the mental health claims being denied by WorkSafeBC from nurses, teachers, office workers, 911 operators etc. who are exposed to negative, abusive, or intolerant work environments etc. The presumptive clause should be applied to ALL workers with diagnosed mental health disorders like in Alberta and Saskatchewan. Judy Darcy, Minister of Mental Health and Addictions, is the MLA in my constituency. However, I do not specifically know her position regarding the presumptive clause. I would hope and pray that the NDP government and each MLA (on all sides of the floor) listens to and fully considers your submissions. Any amendments should not segregate and prioritize mentally injured workers by their individual professions. Most of these injured workers have already been abused and or traumatized in their work environment, then by the unfair bureaucracy and protracted adjudication process at WorkSafeBC. I can share my individual story, but I can only share it in confidence with someone that I can trust. Based on your public stand on this particular issue, I know I can trust you.

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