The Proposed Lexi Daken Report.

A review of how the province of New Brunswick (Canada) hides massive liability related to systemic discrimination of the disabled.

Today (March 25, 2021), the Province of New Brunswick (Canada) announced a ‘Review’ of the issues surrounding the suicide of Lexi Daken.

Speaking in the video reference above is Minister of Health Dorothy Sheppard.

The author (Lance Lattrulo); As I live in this community, and have an intimate knowledge of disability issues in Canada, and the legal, healthcare, human rights and service delivery aspects of this issue (proposed scope of the report), I wanted to share my opinion of what is being done and said, and not….

TYPE OF AUDIT; Internal review

This is done to keep the findings confidential because there may be (is) criminal liability, which may (does) extend to the Province of New Brunswick. Many other options of a Tribunal exist.

SCOPE; Narrow

Designed from the start to (only) look at;

• the duty of care inside the ER
• only youth mental health issues within a hospital environment
• the treatment by staff, as a possible setup of the blame (limit of responsibility to the province) on Horizon Health.

SYSTEMIC DISCRIMINATION OF THE DISABLED;

This potential liability (degree of responsibility) to the province refers to, in this case, the treatment of youth in care, and or under guardianship by the Province and/or a 3rd party. 

Reference; United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)

NOTE; See the Human Rights section below (federal obligations related to the 'Accession' by the Parliament of Canada (2018) of the UNCRPD, and implementation of the Accessible Canada Act.

References;

• KingsClear Youth Reformatory
• the Youth (Indian) Indigenous day school programs
• the implementation of Jordan’s principle
• claims against an assortment of religious organizations in the province related to a range of child abuses, over a very long time (100 years).

HUMAN RIGHTS;

The staunch refusal by the Province to recognize the UNCRPD, UNDRIP, and UNCRC.

The inter-sectional liability of these UN Human Rights ‘Conventions’ may (is) directly related to systemic discrimination of the disabled, and so proving this in a legally binding tribunal, in the broadest context, would expose massive liability of the province, going back generations, and across a range of socioeconomic groups.

The 'accession' by the Parliament of Canada (2018) of the UNCRPD 'convention' implies there is an acknowledgement of harm, and that overt programs must be put in place to meet these international legal obligations (that means you New Brunswick).

Reference; Bill C-81 and the Accessible Canada Act.

Reference; Jordan's Principle, an agreement between the Government of Canada, the Assembly of First Nations, and the Canadian Human Rights Commission.

THE WRONG MINISTRY OF GOVERNMENT;

Based on current UN agreements with Canada, the Health Ministry of the Province of new Brunswick is not the correct ministry to be handling this file, it should be Social Services. 

Reference;

The UNCRPD is based around the idea of the ‘social model of disability, what Ms. Shephard is referring to is called the ‘medical model of disability', which was abandoned by the UN in the 1970s.