An arbitration tribunal has ruled in favor of reinstating an orderly who was previously fired following the incident where an Indigenous woman recorded hospital staff insulting her as she was dying in a Quebec hospital. The arbitrator’s decision, made on August 16, states that while Myriam Leblanc made inappropriate comments towards Joyce Echaquan, she was not primarily responsible for the mistreatment Echaquan received before her death. The arbitrator, Serge Brault, stated that Leblanc’s actions during the emergency situation could not be compared to the nurse’s insulting and racist behavior, who was also terminated. Echaquan, a 37-year-old Atikamekw mother of seven, had livestreamed the derogatory comments made by the nurse and orderly on Facebook Live prior to her death on September 28, 2020.
The video of Echaquan’s mistreatment caused widespread outrage and condemnation, leading to the swift termination of both Leblanc and the nurse. However, Leblanc and her union challenged the dismissal, leading to the arbitration tribunal’s ruling. While the arbitrator acknowledged that Leblanc deserved to be sanctioned, he criticized the decision to fire her as influenced by public and media pressure. He emphasized that Leblanc was just one link in a long chain of responsibility, and her breaches should be measured by their actual severity rather than the consequences of the recorded incident.
In the lengthy decision, the arbitrator included a transcription of the comments captured in Echaquan’s video. Leblanc, while cleaning Echaquan’s room, can be heard making insensitive remarks about Echaquan’s choices and questioning how her children would perceive her in that state. The nurse, on the other hand, was recorded directing a stream of degrading and insulting comments towards Echaquan, even suggesting that she would be better off dead.
Brault acknowledged that Leblanc’s comments were prejudiced, disrespectful, and counter-therapeutic. However, he highlighted that her transgressions were significantly lesser than those of the nurse in the room. Brault noted that Leblanc lacked formal training and argued that her comments could be interpreted as poorly executed attempts to reassure or motivate Echaquan, as Leblanc claimed. Additionally, Brault mentioned that Leblanc had previously shown care and consideration for Echaquan during their interactions, including assisting her after a fall. Overall, Brault concluded that Leblanc’s actions stemmed from awkwardness, lack of knowledge, and ignorance of proper professional conduct rather than malicious intent.
While Brault determined that Leblanc deserved a severe penalty, such as a lengthy unpaid suspension, he ruled that her actions were not irredeemable. As a result, he ordered the cancellation of Leblanc’s termination and instructed the health board to provide her with the owed back pay. Brault suggested that Leblanc undergo additional training to address her shortcomings. The employer, the Centre intégré de santé et de services sociaux de Lanaudière, which operates the Joliette hospital, stated that they are analyzing the decision and declined further comment.
In conclusion, the arbitration tribunal’s decision reinstates the orderly who was fired in connection with the mistreatment of Joyce Echaquan. While acknowledging the inappropriate comments made by the orderly, the arbitrator deemed her actions to be lesser in severity compared to those of the nurse and cited factors such as lack of training and previous instances of care and consideration. The tribunal’s ruling calls for a significant penalty but also recognizes the potential for redemption and rehabilitation. The employer is currently reviewing the decision.
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