Government failed to seek its own legal advice during cancer retesting process
May 23, 2007

Kelvin Parsons, MHA for the District of Burgeo-LaPoile and Opposition Justice Critic, says the health minister=s confirmation that his department did not seek government=s own legal counsel after being briefed on the errors in breast cancer tests, and instead relied on Eastern Health Authority=s legal advice, is both incomprehensible and irresponsible. 

Eastern Health confirmed in briefing sessions with MHAs this week that ongoing briefings were held with the various health ministers on this issue between July 2005 and November 2006. The Opposition questioned the minister of health in the House of Assembly today on who knew what and when during the unfolding controversy and if  the department had sought advice from the Department of Justice regarding possible courses of action.  

AThis government committed a fundamental error in this whole affair in that it failed, after receiving updates on the inaccurate testing results, to step back and turn to government=s own counsel for direction,@ says Parsons. ARather, they passively accepted the advice of the legal  guidance  provided by a private law firm to the Eastern Health Authority that is now involved in a class action law suit because of these false testing results. 

AGovernment, in particular the department of health, had a legal and moral responsibility to ensure that the public in this province was made aware of this serious problem and not be left in the dark for a 16 month period as they were.  

AI find it perplexing and disturbing that the department, through successive ministers of health did not engage in some level of  dialogue with justice officials. It further reinforces the overall irresponsible approach that this government has taken with respect to this issue.  The department of Health deferred to the legal advice of Eastern Health and simply forgot about its responsibility to the general public and its leadership role in being responsive and accountable to the people of Newfoundland and Labrador   The ministers involved in this debacle acted irresponsibly and incompetently and it is time they face up and admit their failures in this controversy.@

Media Contact:
Kim Ploughman
Caucus Communications
Office of the Official Opposition
709-729-6427



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