London, Ont. long-term care home charged in relation to COVID-19 outbreak that killed nurse
A long-term care facility in London, Ont. is facing charges under the Occupational Health and Safety Act after a COVID-19 outbreak that killed a registered nurse.
The Ontario Nurses Association (ONA) welcomes the charges, but says the tragedy could have been prevented with greater oversight.
Brian Beattie was 58 years old when he died of COVID-19 in May of 2020. He was diagnosed with the disease two weeks prior to his death and was the first pandemic-related death of an Ontario nurse.
ONA President Vicki McKenna said, "It is heartbreaking and it's tragic but what the real tragedy will be is if nothing changes."
Beattie had been working overnights at the Kensington Village long-term care home for about 18 months, but had been a nurse for 23 years. He was among eight staff to test positive.
Five residents also died during the outbreak in the spring of 2020. Now the operator of Kensington Village, Sharon Farms and Enterprises Limited faces three charges under the Occupational Health and Safety Act.
"These charges are important, they're very serious. It is uncommon for employers to have charges laid against them," McKenna said.
Beattie is the only member of the 70,000-member ONA to have died from COVID-19.
In a statement, ONA said Beattie had raised concerns about PPE, but at the time of his death Kensington officials issued a statement saying all staff were being given appropriate personal protective equipment.
McKenna added, "He was the guy out front of this and he is the guy that succumbs to COVID-19. It's just…there's no other word to describe it other than tragedy."
The charges issued by the Ministry of Labour, Training and Skills Development include:
- Failing to provide one or more written notices of occupational illness to a director under s. 52(2) of the Act.
- Failing to provide information, instruction and supervision to a worker or workers to protect the health or safety of the worker or workers contrary to s. 25(2)(a) of the Act.
- Knowingly furnishing an inspector with false information, contrary to s. 62(3)(a) of the Act.
The ministry says these are the first COVID-19-related charges against an Ontario long-term care home.
They carry a maximum fine of $1.5 million per count, plus a surcharge. The next court date is set for Dec. 6 in London.
Minister of Long-Term Care Rod Phillips said he can't speak directly to the charges against Kensington Village because it's a matter before the courts.
But he did add, "This is exactly the kind of cooperation I've talked about before. The Ministry of Labour, public health, and the Ministry of Long-Term Care will be working together, collaboratively."
Tracie Klisht, executive director of Kensington Village, released a statement by email Tuesday evening, but referred any future inquiries to their counsel. The statement is below in its entirety.
Kensington Village statement
"Sharon Village Care Homes has always strived to provide, and maintain, a safe workplace for all our employees. During COVID we welcomed MOL inspections and recommendations.
"We are evaluating the charges that have been laid and are working with Counsel on our formal response. It is important that we let this process unfold.
"It is important to note, that the charges that have been laid are not related to any employee’s death nor are they related to the availability of PPE for staff and residents. Any suggestion otherwise is misleading and a disservice to our staff and families.
"We'll continue to work with our healthcare partners in our community to provide a safe and comfortable home for our residents and a safe and rewarding workplace for our staff."
- With files from CTV News London's Justin Zadorsky
CTVNews.ca Top Stories
AS IT HAPPENED Wildfire reaches Jasper Wednesday night, causes 'significant loss'
One of two wildfires threatening Jasper National Park reached the townsite Wednesday night and caused 'significant loss.'
Alberta calls in army to assist with wildfire situation
Alberta has called in the Canadian Armed Forces to help assist with the worsening wildfire situation in the province.
Biden explains why he ended re-election bid in Oval Office address
U.S. President Joe Biden on Wednesday delivered a solemn call to voters to defend the country's democracy as he laid out in an Oval Office address his decision to drop his bid for reelection and throw his support behind Vice President Kamala Harris.
Barrie-Innisfil MPP 'blacked-out' and crashed car into window of child care centre
Staff at a Barrie child care centre say they are frustrated by what they call a local MPP's inadequate response after a car crashed through a window in one of the toddler rooms.
Norad intercepts Russian and Chinese bombers operating together near Alaska in apparent first
The North American Aerospace Defence Command (Norad) intercepted two Russian and two Chinese bombers flying near Alaska Wednesday in what appears to be the first time the two countries have been intercepted while operating together.
2 Canadians being 'sent home immediately,' removed from Olympic team after drone incident
An analyst and an assistant coach with Canada Soccer are being removed from the Canadian Olympic Team and 'sent home immediately,' according to the Canadian Olympic Committee.
An unwelcome attendee has joined the Paris Olympic Games: COVID-19
After a handful of Australian water polo players tested positive for COVID-19 this week, questions have emerged around how the spread of the disease will be mitigated at the Summer Olympic Games in Paris.
Vacations, meals, booze: Contractor used $100K of charity's money for personal expenses, B.C. court finds
A B.C. man who was hired to help a non-profit build a food hub but instead spent the money on personal expenses – including travel, restaurants, booze and cannabis – has been ordered to pay more than $120,000 in damages.
Male, female killed, 2 others injured in 'gun battle' outside Toronto plaza: police
Two people are dead and two others suffered serious injuries following a shooting that police have described as a 'gun battle' outside a plaza in Scarborough, Ont. early Wednesday morning.