INSTITUTION BETRAYAL--Freedom of Information --- completely useless


INSTITUTION BETRAYAL

A PRIMER ON THE LAW OF DEFAMATION IN ONTARIO


"Defamation is comprised of two subcategories between libel (libel refers to written defamatory statements)and slander(broadcasting of spoken defamatory words)

Proving a Claim in Libel and/or Slander
"the statement must be false!"

Defences to Actions in Libel and Slander 

 
TRUTH--
"The first defence is the defence of truth. The defence can be made that the statement was truthful and therefor there was nothing false about the statement, meaning therefore, that the statement was not defamatory."


FAIR COMMENT--
"The second defence to an allegation of libelous statement is that the statements made were made as a fair comment. The defence of fair comment would be considered by the Court in situations where, by looking at the statement made, the facts and the situation, a conclusion can be made that the statements made were in actuality a fair commentary on the situation at hand and that the comments were fair and were not malicious."


QUALIFIED PRIVILEGE--
"The defence of qualified privilege arises normally in situations where the individual publishing these statements will escape any liability if it can be proven that the public good could be furthered in open debate.  --     especially considering the numerous deaths which occurred after my daughter's death and the one in Dec of 2012.  Who really knows the real total being concealed by all?

*******************************************************


Freedom of Information                                                   Ontario                                                                                    April 15, 2013
Mr. Arnold Kilby 888 Country Road 2 Lansdowne, ON KOE 1LO
Dear Mr. Kilby:
SUBJECT:    REQUEST NUMBER CSCS-A-2013-01084
This letter is in reference to your request submitted to the Ministry of Community Safety and Correctional Services under the Freedom of Information and Protection of Privacy Act (the Act) in which you seek access to records held by the Office of the Chief Coroner (OCC).
As you will recall, you have requested to access the following information:
OCC records of any death investigations involving a named physician from July 2006 to 2013 The requester does not require the names of the deceased individuals.
OCC records containing the specifics related to the Humber River Regional Hospital Review that took place in 2010 - information sent to the hospital by the OCC and/or received by the OCC from the hospital.
In accordance with Section 27 of the Act, please be advised that an extension of time is required in order for the Ministry to process your request. The time extension is required for the purposes of external consultation.
Your request is being extended by 60 days. The Ministry anticipates responding to your request by June 24, 2013.                                                                                                                                                                                                   
                                                                                                  ..12                                                                                                                
Mr. Arnold Kilby
Page two
The decision to extend the time limits of your request was made by the undersigned. You are entitled to appeal this decision within 30 days to:
Information and Privacy Commissioner/Ontario (IPC) 2 Bloor Street East, Suite 1400 Toronto, ON M4W 1A8 (416)326-3333
Should you decide to file an appeal, please provide the IPC with:
1.                  a copy of this decision letter;
2.         a copy of your original request for access to information;
3.         the mandatory appeal fee of $25.00 in the form of a cheque or money
order made payable to the Minister of Finance.
Should you have any questions regarding the foregoing, please do not hesitate to contact the undersigned at (705) 494-3077.
Sincerely,
Marlene Gillis Deputy Coordinator Freedom of Information and Protection of Privacy Services


Marlene Gillis                                                                                                   March 21, 2013
Deputy Coordinator,
Freedom of Information and Protection of Privacy Services
Re:  Request Number CSCS-A-2013-01084
Dear Ms Gillis,
With respect to your two phone calls, I have an answering machine and there were no messages left from you.
With respect to the first part of my request. 
There is no way I can believe that the Chief Coroner’s Office or any local coroner’s office would not know the surgeon’s name with regard to a death investigation taking place within 30 days of a surgery taking place.

The Chief Coroner’s Office would know the name of the surgeon even if it were coded.  They would have that information and it should be accessible to the public.
I am seeking access to the records of any death investigations involving this surgeon, Dr. Klein, by the OCC from after my daughter’s death in July of 2006 to the present.  I do not require the names of the deceased.

Why will the OCC be less than cooperative?My daughter bled to death within 12 hours after being released from the Humber River Regional Hospital (Finch Street Site) in July of 2006.  The local coroner, Dr. Hinton from Kingston stated that my daughter’s death had been identified as being unusual and that the Chief Coroner’s Office would be further investigating it.  He had stated that my daughter should not have died!!  Now, I did not know until a couple of years later, when it publicly announced that this hospital had the second highest in-hospital mortality rate in all of Canada.  So, one can presume this is why the Chief Coroner’s Office was investigating my daughter’s death

In 2010, I was contacted by someone within the hospital that informed me that during 2009 to February of 2010, the Coroner’s Office was coming to this hospital numerous times--- like a revolving door!!
Now, the Chief Coroner’s Office expected me to be satisfied with its findings that were extremely flawed.  So, I suspect that this Office was covering up pre and post- operative neglect by this surgeon and have done so ever since.  I do have a complaint in with the Death Investigation Oversight Council that has been stalled for over two years.  You will find that the Chief Coroner’s Office will be less than cooperative with any request by you for information concerning this surgeon and other deaths after my daughter’s which there have been many.  
This Office is covering up its own neglect!

My complaint against this Office is:

They failed to:




  1. Conduct a death investigation in a manner that is effective and accountable.

  1. Conduct a high quality death investigation to ensure that no death will be over looked, concealed or ignored.  (By basing all of their decision on a medical expert consultant whose report omitted numerous crucial factors)

  1. To help improve public safety and prevent deaths in similar circumstances (apparently there were 6 more deaths by the bariatric department of this hospital during 2009 and up to Feb. 2010 under similar circumstances—it is almost impossible for me to obtain the details but the Chief Coroner’s Office and the hospital would have them-----these deaths may have been prevented if my daughter’s death was thoroughly investigated) by denying my request for my daughter’s death to go before the Patient Safety Death Committee and denying my daughter’s death be looked into by the Eastern Ontario Coroner through a review.  (I know that legislation prohibited me from questioning the denial of a public inquest which I feel definitely limits a citizen’s right to appeal a wrong decision)

  1. Making sure their concerns and needs of grieving families are met as this office has refused repeatedly to answer specific questions and concerns I have had and relayed to them.  They have also refused to communicate with me via telephone, faxes, e-mails.
They failed by:
5.   Overlooking, concealing and ignoring crucial factors related to my daughter’s  care or lack of care which in turn did factor into her death
This office could have prevented further deaths if they had of granted any of the following:
1.  Declined my request for a public inquest.
2.  Declined my request for my daughter’s death to go before the Patient Safety Death Panel.
3.  Declined my request for an Eastern Ontario Coroner’s Review
4.  Declined MPP, now Senator, Robert Runciman’s request to reconsider the public inquest.
5.  Declined my request for the Chief Coroner to assemble a Chief Coroner’s Panel to look into Dr. Lauwer’s decision and death investigation
6.  Declined the Ombudsman’s Office of Ontario’s request to meet with me.
7.  Declined an OPP Detective’s request to meet with me. 
With respect to the second part of my request. 
I know that the COO were involved in the external review by HRRH in some manner or another (perhaps by putting forth “friendly pressure” on the hospital to initiate one before the COO took over and did one)
So, what I am requesting is specifics related to the Hospital’s review that took place in 2010 involving information sent to the Hospital by the OCC and/or received by the OCC from the hospital.
Again, you will find that the Chief Coroner’s Office will be less than cooperative with any request by you for information concerning this surgeon and other deaths after my daughter’s which there have been many. (last one—Dec, 2012—a 27 year old girl.

Respectfully yours,
A W Kilby
Ministry of Community Safety and Correctional Services
Freedom of Information and Protection of Privacy
200 First Avenue West
North Bay, Ontario
P1B 9M3
Facsimile 416 -212-6769
Telephone (705) 494-3080
Toll Free 1-855-273-3080

 

Marlene Gillis Deputy                                                                                                                                  July 22, 2013
Coordinator Freedom of Information and Protection of Privacy Services
Dear Ms Gillis,
According to your letter of April 15, 2013, I was expecting the information but thus far have received nothing. 
Your request is being extended by 60 days. The Ministry anticipates responding to your request by June 24, 2013.”
Could you please e-mail me at:  awkilby@hotmail.com as to when I will be receiving the information requested.  ASAP
Since my request, Dr. Andrew McCallum is no longer the Chief Coroner of Ontario and Dr. Lauwers has also left the CCO.
As well, I am apparently going to have the Death Investigation Oversight Council’s decision with respect to my complaint against the two parties mentioned above by late July or early August.  I was hoping to have the Freedom of Information request received prior to their final decision.  I guess it’s too late for that, but I still need the information as this surgeon has another young patient die at his hands this past December.  There has been a cover-up involving all the institutions that are supposedly responsible for transparency and accountability for patient safety in Ontario.  My MPP is waiting for me to send him a copy, as well.
Respectfully yours,    Arnold W Kilby
***************************************
With respect to my request under the Freedom of Information Act.
Description of Records or Correction Requested.

I would like access to all records pertaining to deaths investigated by the Chief Coroner's Office and/or Coroner for Humber River Regional Hospital, Finch Street Site.  Only the deaths whereby Dr. Laz Klein was the surgeon.  Included in this request should be all informtion to the temporary shut down of this Hospital Department in 2010 due to numerous deaths which occurred between 2009 and February of 2010 and an external expert brought in to evaluate.  I do not require the names of the deceased.

Dr.John Hagen, Dr. Klein's partner in MIS surgery operating out of Humber River Regional Hospital, delivered this presentation during May 2010 in Montreal as part of a symposium on diabetes.
  "Over a six month period Septemeber 2009 - February 2010 there were five deaths within 30 days of surgery.
With the help of the coroner's office, the program was shut down while an external review was done by an outside expert."

 The Chief Coroner's Office will fight this request with all their might.  Why? They did an absolutely inept death investigation of my daughter in 2006.  I have a complaint against them and it is being heard by the DIOC.
Their inept death investigation allowed the above surgeon to continue as is and this obviously led to more deaths that could have been prevented had the Chief Coroner's Office acted on my concerns.
PLEASE SEND A COPY OF YOUR DECISION TO MY MPP, STEVE CLARK

******************************************************************
Most of what was sent was absolutely useless.  The first 50 pages had to do with bariatric surgeries----basically from some medical journal or article--- nothing to do with my request.  The remaining pages contained numerous “whitened out” sections.
****************************************************
However some important material as below:

From Dan Cass, Regional Supervising Coroner, Toronto West

Meeting to Review Bariatric Surgery Deaths
Humber River Regional Hospital
January 12, 2010

“A meeting was held between the Office of the Chief Coroner and Humber River Regional Hospital (HRRH) to discuss the recent cluster of bariatric surgery post-operative deaths.
Present were:
-Dan Cass, Regional Supervising Coroner, Toronto West
-Dr. Jack Barkin, Chief of Staff
-Scott Jarrett, VP, Patient Services (responsible for the bariatic surgery program)
-Barb Collins, Chief Operating Officer
-Mary Latter,k Administrative Director, Medical Affairs

We reviewed the scope and history of the HRRH bariatric surgery program(they are doing 350-400 cases / yr,”

The remainder was “whitened out”

The recommendations / next steps coming out of today are as follows:
(1)               The remainder was “whitened out”
(2)               The remainder was “whitened out”
(3)               The remainder was “whitened out”
Dan Cass MD FRCPC
************************************************************************
Cass, Dan (JUS)
From Cass, Dan (JUS)
Sent:  November, 10, 2009  7:31 AM
To: Dan Cass (JUS)
Subject:   Note to File re: Bariatric deaths –HRRH
November 9, 1610h – spoke with Dr. Jack Barkin, (Chief of Staff, HRRH)
The remainder was “whitened out”
November 9, 1700h –spoke with Dr. Lauwers
The remainder was “whitened out”
November 9, 1715h –spoke again with Dr. Barkin (after attempts to page him via locatine between 1715 and 1830h
The remainder was “whitened out”
November 9, 1900 hours –spoke with Dr. Lauwers and related the outcome of my discussions with Dr. Barkin. Will discuss further on November 10,
The remainder was “whitened out”
Dan Cass BSc, MD, FRCPC
Regional Supervising Coroner
Central Region – Toronto West Office
Office of the Chief Coroner
26 Grenville Street     Toronto, ON, M7A 2G9    Tel: (416) 314-4105   Fax: (416) 314-4030
*******************************************************************
Cass, Dan (JUS)
From Cass, Dan (JUS)
Sent:  November, 10, 2009  7:31 AM
To: Dan Cass (JUS)
Subject:   Note to File
Spoke with Dr. Barkin this afternoon and reviewed his plan for investigation and follow-up of the bariatric deaths:
(1)  A QCIPA review had already been initiated for one of the cases  Whitened Out  this will proceed as soon as possible
(2)  The remainder was “whitened out”
(3)  The remainder was “whitened out”
(4)  Dr. Barkin will iniate an external review  whitened Out
      I have asked Dr. Barkin to provide me with the names of these  whitened Out  cases in order to determine if the Coroner’s Office has already done investigation in these cases

Dr. Barkin has committed to providing me with information on the outcome of these measures.
Dan Cass BSc, MD, FRCPC
Regional Supervising Coroner
Central Region – Toronto West Office
Office of the Chief Coroner    26 Grenville Street    Toronto, ON, M7A 2G9
Tel: (416) 314-4105    Fax: (416) 314-4030   e-mail:  dan.cass@ontario.ca
************************************************************************
From Cass, Dan (JUS)
Sent:  January 3, 2010  4:10 PM
To: Lauwers, Bert (JUS), Pollanen, Michael (JUS), Rose, Toby (JUS)
Subject:   Post of bariatric death
Trevor Gillmore called me this afternoon; he is investigating a post-op death following bariatric surgery at HRRH – Finch.  I believe this is a whitened out
Trevor is in the midst of reviewing this at present.
The remainder was “whitened out”
In terms of follow up    whitened out      I have had a number of discussions with their Chief of Staff.  They have done internal QCIPA reviews.
The remainder was “whitened out”
Dan Cass BSc, MD, FRCPC
Regional Supervising Coroner
Central Region – Toronto West Office
Office of the Chief Coroner   26 Grenville Street   Toronto, ON, M7A 2G9
Tel: (416) 314-4105    Fax: (416) 314-4030    e-mail:  dan.cass@ontario.ca
*************************************************************
February 8, 2010
Memorandum
To:  Bert Lauwers, Deputy Chief Coroner, Investigations
From:  Dan Cass, Regional Supervising Coroner, Toronto West
Re:  Bariatric Surgery Death
____________________________________________________________
Bert
The remainder was “whitened out”
Let me know if I can help in any way; otherwise look forward to meeting tomorrow to discuss the cases and our approach to our meeting with HRRH
********************************************************************
February 11, 2010
Via Fax No. 416 -243-4547
Dr. Rueben Devlin
President and CEO
Humber River Regional Hospital    200 Church Street    Weston, ON    M9N 1N8
Dear Dr Devlin:
As you know, the Office of the Chief Coroner has been investigating  whitened out post-operative deaths which have taken place in patients following laparoscopic bariatric surgery at Humber River Regional Hospital
whitened out  we have been working closely with Dr. Jack Barkin and your leadership team in an attempt to better understand these deaths and to assist in preventing subsequent deaths in this patient group.  Throughout these discussion, the team has been open and responsive and has clearly demonstrated a commitment to this goal.

From our perspective, we are focusing specifically on  whitened out deaths which have taken place between  whitened out
In addition to these whitened out deaths, we have also reviewed whitened out  additional post-operative bariatric deaths which took place between whitened out
Yesterday, Dr. Dan Cass, Regional Supervising Coroner for Toronto and I met with the leadership team of the Bariatric Surgery Program at Humber to review the most recent death and to discuss next steps.  There were five points on which there was full agreement:
  1. whitened out
  2. whitened out
  3. whitened out
  4. whitened out
  5. whitened out
It is understood that as part of the external review, the retained reviewer would have to observe individual surgeons conducting these procedures.
The Office of the Chief Coroner remains committed to working with Humber River Regional Hospital to address this issue.  This includes, but is not limited to, providing
Humber River Regional Hospital with the detailed post-mortem examination findings from these deaths as permitted under Section 18(3) of the Coroners Act, for the purposes of assisting with the external review.
In closing, thank you for the ongoing cooperation that our Office has received from Humber River Regional Hospital, and we look forward to working closely on the plan set out in the letter.
Yours truly,
AE Lauwers, MD, CCFP, FCFP
Deputy Chief Coroner—Investigations
  1. Ms Kim Baker CEO 
Central Local Integration Network
Ms Kathryn McCulloch
Director
LHIN Liaison Branch
************************************************************
Now, within the papers I received through the Freedom of Information request there are four sheets with the exact same exemption statement.  I believe since my request was about deaths associated with Dr. Klein, these would have been deaths investigated by the Chief Coroner’s Office after Terra’s death I 2006. 
Should the public not be made aware of pertinent information that has been concealed by all?
REQUEST NUMBER:  CSCS –A- 2013-01084    --my request number
Pages 110 to 123 have been exempted pursuant to sections 21(1), 21(2)(f) and 21(3)(a) of the Freedom of Information and Protection of Privacy Act.
Type of Document:  Coroner’s Note
Completely whitened out
____________________________________________________
REQUEST NUMBER:  CSCS –A- 2013-01084    --my request number
Pages 125to 162 have been exempted pursuant to sections 21(1), 21(2)(f) and 21(3)(a) of the Freedom of Information and Protection of Privacy Act.
Type of Document:  Coroner’s Investigation Records.
Completely whitened out
_________________________________________________________________
REQUEST NUMBER:  CSCS –A- 2013-01084    --my request number
Pages 163 to 167 have been exempted pursuant to sections 21(1), 21(2)(f) 21(2)(h) and 21(3)(a) of the Freedom of Information and Protection of Privacy Act.
Type of Document:  Correspondence

Completely whitened out

REQUEST NUMBER:  CSCS –A- 2013-01084    --my request number
Pages 168 to 213 have been exempted pursuant to sections 21(1), 21(2)(f) and 21(3)(a) of the Freedom of Information and Protection of Privacy Act.
Type of Document:  Coroner’s Investigation Notes
 Completely whitened out
               

SO, IT IS QUITE EVIDENT THAT THERE WERE AT LEAST FOUR DEATHS
The public has the right to know much of the information which has been redacted in order to protect the reputations of the Chief Coroner and Deputy Chief Coroner. 
THIS IS AN ABUSE OF THE FREEDOM OF INFORMATION ACT!



Access or Correction Request

Freedom of Information and Protection of Privacy Act

Municipal Freedom of Information and Protection of Privacy Act


Please see instructions on page 2 before filling out this form

A.

Type of Request


   Access to general records (non-personal information)                
  Access to own personal information                                               
  Access to other’s personal information by authorized party
  Correction of own personal information
Name of institution request made to
MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES
Freedom of Information and Privacy Coordinato

B.

Requester’s Information

Last name
Kilby
First name
Arnold
Middle initial
W

Unit/Apt. no.
     
Street no.
888
Street name
Country Rd 2
PO box
     

City/Town
Lansdowne
Province
Ontario
Postal code
K0E 1L0

Home phone no. (include area code)
1-613-659-2906

Business/Mobile phone no. (include area code & extension)
     

C.

Description of Records or Correction Requested


I would like access to all records pertaining to deaths investigated by the Chief Coroner's Office and/or Coroner for Humber River Regional Hospital, Finch Street Site.  Only the deaths whereby Dr. Laz Klein was the surgeon.  Included in this request should be all informtion to the temporary shut down of this Hospital Department in 2010 due to numerous deaths which occurred between 2009 and February of 2010 and an external expert brought in to evaluate.  I do not require the names of the deceased.

Dr.John Hagen, Dr. Klein's partner in MIS surgery operating out of Humber River Regional Hospital, delivered this presentation during May 2010 in Montreal as part of a symposium on diabetes.
  "Over a six month period Septemeber 2009 - February 2010 there were five deaths within 30 days of surgery.
With the help of the coroner's office, the program was shut down while an external review was done by an outside expert."

 The Chief Coroner's Office will fight this request with all their might.  Why? They did an absolutely inept death investigation of my daughter in 2006.  I have a complaint against them and it is being heard by the DIOC.
Their inept death investigation allowed the above surgeon to continue as is and this obviously led to more deaths that could have been prevented had the Chief Coroner's Office acted on my concerns.
PLEASE SEND A COPY OF YOUR DECISION TO MY MPP, STEVE CLARK



Time period of the records
Method of access
 Receive copy             Examine original (on site only)


From (yyyy/mm/dd)
2008/01/10
To (yyyy/mm/dd)
2013/03/01

D.

Payment and Signature

$5 application fee
 Cheque            Cash (in person only)
Signature
Date (yyyy/mm/dd)
2013/03/10

Personal information contained on this form is collected under the Freedom of Information and Protection of Privacy Act or Municipal Freedom of Information and Protection of Privacy Act and will be used to answer your request.
Questions about this collection should be directed to the Freedom of Information and Privacy Coordinator at the institution where you make the request.

E.

Institution Use Only

Date received (yyyy/mm/dd)
Request no.
Comments













Dr Laz Klein, responsible for numerous deaths at Humber River Hospital!  And no one will ever know about them!

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