Open letter by Linda Kayfish to Premier Christy Clark

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An open letter by Linda Kayfish to Premier Christy Clark, dated July 7, 2015.

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  • July 6, 2015

    Linda Kayfish, sister of the Late H. Roderick MacIsaac Okanagan, BC

    Hon. Christy Clark,Premier for Province of British ColumbiaParliament BuildingsVictoria BCV8V 1X4

    Premier Clark,

    On June 24 2015, in an open letter to Hon. Mr Lake, Minister of Health for British Columbia, myself, on behalf of my late brother and seven of his colleagues called for a public inquiry regarding the Ministry of Health firings of September and October 2012. I am requesting you to support our cause and call for a independent and through inquiry into the matter. To date the ministries have spent a lot of money performing investigations that, while useful, do not get to the bottom of this.

    After long thought and much soul searching I would also like to make you aware of a related event. This matter involves the decision by the government, through the Coroner, to delete Roderick MacIsaac's final note from his computer before it was returned to his family in October 2013.

    Roderick created a document as a private citizen on his personal equipment. He was no longer a government employee. He took steps to ensure this document was easily read. It is a view of what happened to him in a process where he was wrongfully dismissed, a fact subsequently admitted, acknowledged and apologized for by your government. Shorty after my brother was found deceased, in Jan 2013, we were made aware of this document written by him and left up on the desktop of his laptop computer. When we asked about it we were told they could not disclose it's contents to us until the investigation was complete.

    Over the course of the next few months we were informed the investigation would take longer then expected to complete. Being anxious for any understanding we again asked about the contents of the document left up on the laptop and were told it was possible it would never be disclosed to us and mostlikely be deleted. There was no specific explanation as to why at the time. We were left speechless and confounded.

    Late June of 2013, after having asked several times regarding the document, the Coroner's office arranged to read the document to us over the phone substituting letters of the alphabet for names.

    Giving thought after that call, we felt that not only did the document have personal value to us and our family but that given there was an RCMP investigation there must surely be some value to it for any investigators to follow. We felt we should have at least a copy in some form and sent an email to that effect. In response the Coroner's office, three weeks later, emailed us two links to large documents, the Coroner's Act and Freedom of Information and Protection of Privacy Act.* There was no mention as to exactly what paragraph in these large documents the Coroner was referring to.

    *see attached p3 lk p.1 of 3

  • September 24, 2013 the Coroner completed the investigation with the final report and released the equipment. In October we collected the equipment the Coroner used in the investigation. No signature required.

    Looking at the equipment, the document was indeed not there. Imagine our disappointment. A man's last words, meant to be read by family and friends regarding his abrupt departure were no longer available.

    Given the recent revelation that no RCMP action is or was required, determined to find some understanding, we undertook recovering the document. Retrieval proved to be much less difficult that we had expected.**

    In my view, Roderick would have wanted those reviewing the matter to see it and for his family to have it. It is not necessarily accurate nor correct. It reflects his frustration with the public dismissals at the Ministry of Health. There is no mention of the TI, its work or projects or any contracts. Though little in detail, it is clear and concise. There was no personal message to me or anyone other than those meant to be found by the investigators that I can discern.

    We do not dispute the Coroner's right to access it as part of the investigation. However, once the investigation was complete, the private writings, thoughts and ideas of my brother, whether or not they concerned his associates or government officials belonged to his estate. We are waiting for an inquiry to share it and would submit this document for purposes of an independent inquiry.

    The decision to suppress this document raises serious concerns for us and another issue to be dealt within a public inquiry. It is part of a continuing pattern to cover up mistakes and actions by the powerful, while exposing those, such as Roderick, to the full force of government power. Rod had rights, they were not respected and continue to be disrespected after his death.

    Further, we note your government is attempting to pursue the matter with an investigation by the Ombudsperson office. In our brief review of the Ombudsman's Act, I cannot see how the Ombudsperson could conduct a meaningful investigation of the Coroner's action in this matter, another reason why the matter requires a full public inquiry.

    Regarding costs surrounding a public inquiry, the simplest and easiest way to avoid further cost would be to provide the answers we are all looking for. Those are the who, the why and accountability. Many months, costly man hours, huge outlays of tax dollars have not yet provided these answers. The matter still requires investigation without prejudices and interference.

    The strength of our governing system depends on trust, in truth and justice for all.Sincerely,

    Linda Kayfish

    lk p. 2 of 3

  • *from Coroner's Office

    7/15/13

    to me Ms. Kayfish:

    Further to our telephone conversation on June 21, 2013, I am writing to confirm that release of the computer and phone equipment I have seized, and any information thereon, is governed by the Coroners Act and is subject to the requirementsof the Freedom of Information and Protection of Privacy Act. As I have indicated in our earlier conversations, and have confirmed with senior officers of the Coroners Service, the equipment cannot be released until the conclusion of the investigation. At that time, your request for information as it relates to any documentation located on the computer equipment, will be processed in accordance with the provisions of the Freedom of Information and Protection of Privacy Act.

    Please be assured that I am doing my upmost to conclude the investigation into your brothers death as expeditiously as possible without compromising the integrity of the investigation. To that end, inquiries are being made as to how analysis of the equipment can be completed more promptly. As the previous estimations as to timing that I have been provided, and relayed on to you, have proven not to be accurate, I do not want to convey another date that is not realistic. I will contact you as soon as I can provide any further details.

    Sincerely,

    , Coroner BC Coroners Service, Island Region PO Box 9272, Stn Prov Govt Victoria, BC V8W 9J5 Phone 250 356-9133 Fax 250 356-9289Pager 1 866 232-0002

    This electronic mail message is from the B.C. Coroners Service and is intended only for the person or entity named in the addressee field. This message may contain information that is privileged, confidential or exempt from disclosure under applicable law. If you are not the addressee or an employee or agent responsible for delivering this message to the addressee, please notify the sender immediately and destroy any copies you may have. Any unauthorized distribution, copying or disclosure is strictly prohibited.

    ** With considerations to the FOI and POPA, experts in this field should have made it impossible for this to occur. Permanent deletion from a hard disk drive requires specialist software.Studies have revealed that as many as 35 overwrites are required to completely delete a file and make it unreadable by forensic experts - this is known as the Guttman Standard, and a file deleted this many times would be irretrievable.

    lk p3 of 3