Fatality Investigations Act Introduced

Justice Minister Michael Baker today introduced the Fatality Investigations Act, which will change the way sudden or unexplained deaths are investigated in Nova Scotia. The act replaces the Fatality Inquiries Act. It updates and clarifies the legislation governing the Office of the Chief Medical Examiner.

"These changes are long overdue and are the result of a great deal of consultation and discussion," said Mr. Baker.

The new act clearly specifies the roles and responsibilities of the Office of the Medical Examiner and police in dealing with sudden or unexplained deaths.

The chief medical examiner will be able to appoint physicians as medical examiners and to appoint medical investigators. He or she will also supervise medical examiners and investigators. The act recognizes the independence and autonomy of the Office of the Chief Medical Examiner and clearly outlines the method in which the office may access records relating to a sudden death.

"It is vitally important that the chief medical examiner has access to all relevant records," said Dr. Vernon Bowes, Nova Scotia's chief medical examiner. "These changes will take away any ambiguity regarding access issues and will make clear which records must be supplied to the office."

The act outlines when the medical examiner's office should be notified regarding a death. The office must be advised immediately when a person dies as the result of violence, accident or suicide; unexpectedly when in good health; when not under the care of a physician; where the cause of death is undetermined; and if improper or negligent treatment is suspected.

The medical examiner's office must also be notified:

• when an individual dies in custody or in a health care facility if the death is the result of violence, suicide or accident or if negligence is suspected;
• in the case of stillbirth or neonatal deaths when the mother has been or may have been injured; and
• if a death occurs within 10 days of an operation.

The act changes the process regarding fatality inquiries. Previously, the chief medical examiner made recommendations to the chief judge as to whether an inquiry was needed. That recommendation will now be made to the Minister of Justice. If the minister is satisfied that an inquiry is consistent with the purpose of the act, is in the public interest or in the interest of public safety, the minister may direct that an inquiry be held. A judge would then be appointed by the chief judge to conduct the inquiry.

The steps to be taken regarding the appropriate disposal of an unidentified or unclaimed body -- once it is determined that the body is not required for further examination -- are outlined.

"When a tragic death occurs, it is important that investigative processes and policies are clear," said Mr. Baker. "This legislation ensures that the authority of the medical examiner's office is well defined and its autonomy respected."

"Our legislative framework was badly in need of an update," said Dr. Bowes. "This is a progressive and important step forward."