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Alberta ethics commissioner finds no fault in Hinshaw contract termination

Alberta Premier Danielle Smith speaks in Edmonton on Wednesday Nov. 8, 2023. Alberta’s ethics commissioner says no rules were broken when the former chief medical officer of health was hired — then promptly fired — for a new job with the province. THE CANADIAN PRESS/Jason Franson

Alberta’s ethics commissioner says no rules were broken when the former chief medical officer of health was hired and then fired from an Indigenous-focused position with Alberta Health Services.

In a letter to Health Minister Adriana LaGrange dated Dec. 18, which was provided to Global News by Premier Danielle Smith’s office on Tuesday, ethics commissioner Marguerite Trussler said in the course of her investigation that’s now been closed, she found no evidence that former AHS official administrator Dr. John Cowell directed the termination of Dr. Deena Hinshaw’s employment.

“The evidence showed that Dr. Hinshaw’s employment was terminated through proper process,” Trussler wrote.

The ethics commissioner noted that Cowell’s dismissal after a new seven-person AHS board was named on Nov. 8, removed him from the auspices of the Conflict of Interest Act, which was another reason to cease the investigation.

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Trussler also said she received complaints alleging Smith was involved in rescinding Hinshaw’s contract with the Indigenous Wellness Core.

“However, given the evidence in the investigation of Dr. Cowell, I did not pursue an investigation of the premier,” Trussler wrote.

At an unrelated press conference, Opposition Leader Rachel Notley said she was concerned about the scope of the investigation, given the allegations raised by multiple doctors shortly after Hinshaw’s June contract was rescinded.

“The Conflict of Interest Act is very narrow in scope, but the allegations that were raised by the physicians are very real and very serious. So regardless of whether the ethics commissioner did or didn’t find that there was a breach, that doesn’t really matter,” Notley said on Tuesday.

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“The ethics commissioner did not contradict the assertions that were laid out by Dr. (Esther) Tailfeathers and by the other physicians.

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“And what we see is a disturbing pattern of politicization around what should be independent and public service-based hiring for people who are best qualified to provide care to Albertans and in this case, best qualified to provide important public health services to vulnerable indigenous communities.”

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Notley also said Smith’s actions were politically motivated to appease a support base that largely objected to the public health measures put in place early in the COVID-19 pandemic and announced by Hinshaw.

In a letter resigning from his post as an interim vice-president at AHS, Dr. Braden Manns said shortly after the internal memo confirming Hinshaw’s hiring on June 1 was sent out, he was informed by then-CEO Mauro Chies that Cowell wanted to put a hold on the contract.

Later that day, Cowell told Manns that hiring Hinshaw was a “major problem” and Cowell took a call from the premier, Manns’ alleged in his letter.

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Manns said a meeting after the call had Cowell reveal “the premier is firm that there can be no hiring of Dr. Hinshaw.”

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“In response, I expressed my concern that the premier was reaching down four levels into AHS and instructing us to rescind an approved contract after a comprehensive search and selection committee process,” Manns said, adding it was a process he had been overseeing and one that took months to complete.

The following day, Manns said he was advised that, despite reassurances Cowell could change Smith’s mind about the contract reversal, the direction was “clear” and Manns was instructed to rescind Hinshaw’s contract.

In late June, more than Alberta 100 doctors called for an investigation into the “integrity and ethics of Dr. Hinshaw’s dismissal” and for “the official administrator to publicly apologize to Dr. Hinshaw and Dr. Tailfeathers.”

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On Monday, Smith again denied allegations she called for the contract to be pulled.

“I talked with Dr. Cowell all the time about staffing decisions, and he always made it clear that the decisions by AHS were made by AHS, so for him, in conjunction with the CEO,” she said.

On Tuesday, Smith reiterated that her government was doing a “major transformation” of the province’s health-care system, a transformation that would require people in management positions “who aren’t up to the job to depart.”

“Alberta Health Services gets its mandate from us. They get its money from us,” Smith said.

The premier was asked if Hinshaw was persona non grata in the province.

“I’ve made my position very clear when I chose a new chief medical officer of health. I knew we needed new leadership there,” she said. “We’re going to continue making changes in personnel so that we can make the changes in health care that we need to.”

She said those personnel changes were to “get the outcomes that we want.”

Notley said the Alberta NDP will be reaching out to the public service commissioner to see if additional steps can be taken.

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