The Dupont/Daniel Inquest Commences

By Janina Fogels

Lori Dupont was a Registered Nurse working at Hotel Dieu-Grace Hospital in Windsor, Ontario when she was murdered by Dr. Marc Daniel, on November 12, 2005. Daniel, an Anaesthesiologist at the same Hospital, was found unconscious in his car from a drug overdose shortly after, and died a few days later. A Coroner’s Inquest began on September 24, 2007 and is expected to last eight weeks. Approximately 50 witnesses will testify, including nurses and doctors who worked with Dupont and witnessed Daniel’s allegedly escalating harassing behaviour.

The main purpose of the inquest is to inquire into the circumstances of these deaths and determine the cause of death. Following all of the testimony, a jury will make recommendations with a view to avoiding future deaths in similar circumstances.

The prevention and response to workplace harassment and violence will be at the forefront of the Inquest. The jury will hear about the actions of the Hospital to allegations raised by nurses and family members of threatening behaviour on the part of Daniel, directed at Dupont as well as other staff members. Links between domestic and workplace violence will also be an important issue, including the response of the criminal justice system prior to the death of Dupont.

The material issues to be examined at the Inquest, include governance of medical staff at hospitals under the Public Hospitals Act and the Regulated Health Professionals Act and what role medical staff shortages may have played in determining Daniel’s readiness to work after a suicide attempt, nine months before their deaths. Doctors’ hospital privileges are governed primarily by the Public Hospitals Act. The Hospital Board has the power to, amongst other things, revoke or suspend a member of the medical staff. Hospitals in Ontario typically have Medical Advisory Committees which make recommendations to the Board of Directors. In this case, Daniel’s privileges were revoked but then reinstated a few months later.

While workplace violence initiatives in the province have been stepped up recently, many stakeholders view the response by Employers as still requiring significant improvement. Were reasonable precautions taken by Hospital administration? Should there be better information-sharing systems between justice partners, counselors and employers regarding “high risk” cases? Is the Ministry of Labour’s response under the Occupational Health and Safety Act sufficient when it comes to complaints of workplace violence?

As other Canadian provinces have developed specific legislation or provisions in their Occupational Health and Safety legislation prescribing policies and methods for reducing or eliminating the risk of workplace violence, one wonders why workplace violence is not addressed under Ontario law. Another consideration put to the jury will likely be the question of when an act becomes “violence” – that is, does the act have to result in physical injury or can it include variations on psychological violence such as ongoing harassment, intimidation, taunts, and emotional abuse?

Parties with standing at the inquest include the Dupont family, the Daniel family (Estate of Marc Daniel), the Ministry of Labour (Ontario), Hotel Dieu Grace Hospital, the Ontario Hospital Association, the Essex County Crown Attorney's Office, and the Ontario Nurses’ Association (ONA). Liz McIntyre and Janina Fogels are representing ONA.