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
'They needed people inside Air Canada:' Police announce arrests in Pearson gold heist
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
House admonishes ArriveCan contractor in rare parliamentary show of power
MPs enacted an extraordinary, rarely used parliamentary power on Wednesday, summonsing an ArriveCan contractor to appear before the House of Commons where he was admonished publicly and forced to provide answers to the questions MPs said he'd previously evaded.
Leafs star Auston Matthews finishes season with 69 goals
Auston Matthews won't be joining the NHL's 70-goal club this season.
Trump lawyers say Stormy Daniels refused subpoena outside a Brooklyn bar, papers left 'at her feet'
Donald Trump's legal team says it tried serving Stormy Daniels a subpoena as she arrived for an event at a bar in Brooklyn last month, but the porn actor, who is expected to be a witness at the former president's criminal trial, refused to take it and walked away.
Why drivers in Eastern Canada could see big gas price spikes, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
Doug Ford calls on Ontario Speaker to reverse Queen's Park keffiyeh ban
Ontario Premier Doug Ford is calling on Speaker Ted Arnott to reverse a ban on keffiyehs at Queen's Park, describing the move as “needlessly” divisive.
'A living nightmare': Winnipeg woman sentenced following campaign of harassment against man after online date
A Winnipeg woman was sentenced to house arrest after a single date with a man she met online culminated in her harassing him for years, and spurred false allegations which resulted in the innocent man being arrested three times.
Woman who pressured boyfriend to kill his ex in 2000s granted absences from prison
A woman who pressured her boyfriend into killing his teenage ex more than a decade ago will be allowed to leave prison for weeks at a time.
Customers disappointed after email listing $60K Tim Hortons prize sent in error
Several Tim Horton’s customers are feeling great disappointment after being told by the company that an email stating they won a boat worth nearly $60,000 was sent in error.