THUNDER BAY — “In this country, when wanton disrespect of life is displayed, people get investigated,” says Julian Falconer.
A criminal investigation into public officials and the delivery of a program is “exceedingly rare” said Falconer, the human rights lawyer representing the family of Miranda Mamakwa as they seek just such an investigation.
The 31-year-old mother from Fort Severn First Nation died on Sept. 8 after the federal Non-Insured Health Benefits (NIHB) program did not provide the mandated transportation for her to receive follow-up care for open-heart surgery.
“The First Nations are absolutely captive to this program,” said Falconer, explaining that four different requests for transportation to already scheduled appointments, made by proper channels and supported by a doctor’s letter, were not scheduled for Mamakwa.
Falconer has personally participated in detailed interviews with those who submitted the applications for transportation and reviewed the papers supporting them, determining that it was not a problem within the applications themselves, he said.
“I have not seen this level of complete recklessness.”
Although the kind of investigation he’s calling for is rare, said Falconer, this case is “extraor-dinarily troubling” as Mamakwa was “completely left stranded … despite repeated formal requests in writing for medical transportation.”
On behalf of the Mamakwa family, Falconer’s office wrote the commissioner of the OPP seeking a investigation for criminal negligence causing death. The request has been as-signed for further consideration, said Falconer, after “Commissioner (Thomas) Carrique was extremely prompt and respectful in acknowledging the correspondence on behalf of the Mamakwa family.”
Further details of the investigation are private, as to allow investigators to do their jobs, he said.
The NIHB transportation program is the only option for people living in remote First Nations, stressed Falconer, including Fort Severn, the northernmost community in the province.
Using the analogy of person who drives under the influence of alcohol, subsequently hit-ting and killing a person with their vehicle, Falconer said that if an investigation reveals dis-respect for life, people are charged, tried, and jailed if found guilty.
“Why would we behave differently in relation to the death of Miranda Mamakwa?”
Minister Mandy Gull-Masty of Indigenous Services Canada, the ministry that runs the NIHB program directed a review of the program on Sept. 9 following Mamakwa’s death.
As of November, Falconer said there has been “absolute crickets from the minister to the family about the review,” which is not surprising he said, as one generally doesn’t ask the targets of an investigation to investigate themselves.
On June 9, months before Mamakwa died, while she was still awaiting the second of four missed apointments, hundreds rallied in Sioux Lookout to raise awareness about the flaws in the NIHB program.
“It’s a deliberate and systemic destruction of our people. This is what you call genocide,” said Christopher Moonias, former chief of Neskantaga First Nation, at the rally. He called on First Nations to launch a class-action against the provincial and federal governments.
Days earlier, an award-winning pediatrician called for a complete overhaul of the NIHB pro-gram, saying “people should lose thier jobs.”
Wunnumin Lake First Nation, Matawa First Nations Management and Windigo First Nations Council have all started human rights complaints through his law office, said Falconer.
“Over the fact that their communities systematically are being deprived access to medical care. And I’m talking about chemotherapy appointments, dialysis, we’re not talking about somebody (who) bruised their knee,” he said.
“Do we or don’t we value the sanctity of life? Is the fact that she’s First Nations create a different standard?” said Falconer.
The Ontario Provincial Police confirmed to Newswatch that they have received the request for an investigation and are reviewing the information provided in the correspondence with legal counsel for the Mamakwa family.
Indigenous Services Canada told Newswatch Tuesday afternoon that they agree it is im-portant to understand Mamakwa’s interactions with the system and the circumstances sur-rounding her death.
Carolane Gratton, a spokesperson for Indigenous Services Canada, said that a comprehen-sive patient safety review is underway and moving as quickly as possible, and that findings will be shared with relevant parties including her family.
“Once the patient safety review is complete, ISC will work with its partners to address any findings and implement the review recommendations. These recommendations will play an important role in strengthening systems and improving the delivery of essential health services,” Gratton said, adding that they will fully cooperate if an investigation proceeds.
