Bill 10 - An Act to Amend the Coroners Act

BILL 10

An Act to Amend the Coroners Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Coroners Act, chapter C-23 of the Revised Statutes, 1973, is amended

ain the definition “place of temporary detention” in the English version by striking out the period at the end of the definition and substituting a semicolon;

bby adding the following definitions in alphabetical order:

“child death” means the death of a person who is under the age of 19 years; (décès d’un enfant)

“child death review committee” means the child death review committee established by the Chief Coroner under subsection 42.1(1); (comité d’examen des décès d’enfants)

“Child, Youth and Senior Advocate” means Advocate as defined in the Child, Youth and Senior Advocate Act; (défenseur des enfants, des jeunes et des aînés)

“death review committee” means the child death review committee or the domestic violence death review committee; (comité d’examen des décès)

“domestic violence death” means a death by homicide or suicide that results from conflict between parties to an intimate personal relationship, including the death of a child, another family member or a third party; (décès lié à la violence familiale)

“domestic violence death review committee” means the domestic violence death review committee established by the Chief Coroner under subsection 42.4(1); (comité d’examen des décès liés à la violence familiale )

“intimate personal relationship” means intimate personal relationship as defined in the Intimate Partner Violence Intervention Act; (relation personnelle intime)

“Office of the Attorney General” means the part of the Department of Justice and Office of the Attorney General that includes the Legal Services Branch, the Legislative Services Branch, the Family Crown Services Branch and the Public Prosecution Services Branch; (Cabinet du procureur général)

“personal health information” means personal health information as defined in the Personal Health Information Privacy and Access Act; (renseignements personnels sur la santé)

“personal information” means personal information as defined in the Right to Information and Protection of Privacy Act; (renseignements personnels)

“research” means research as defined in the Personal Health Information Privacy and Access Act. (recherche)

2 Subsection 2(2) of the Act is amended by striking out “Lieutenant-Governor in Council” and substituting “Chief Coroner”.

3 The Act is amended by adding after section 42 the following:

Child death review committee

42.1( 1) The Chief Coroner shall establish a child death review committee for the following purposes:

areviewing the facts and circumstances of child deaths in the Province;

bidentifying and monitoring trends and risk factors in child deaths;

cadvising the Chief Coroner on medical, legal, social and other matters to improve the safety of children and prevent the occurrence of child deaths;

ddetermining whether further evaluation of a child death is necessary or desirable in the public interest; and

eany other purposes that may be prescribed by regulation.

42.1( 2) The child death review committee shall consist of at least seven members appointed by the Chief Coroner, including the following persons:

aa coroner;

ba police officer nominated by the New Brunswick Association of Chiefs of Police;

ctwo persons registered with the College of Physicians and Surgeons of New Brunswick;

da member in good standing of the Law Society of New Brunswick;

ea person who represents the interests of a group of aboriginal people;

fa member in good standing of the New Brunswick Association of Social Workers.

42.1( 3) The child death review committee shall perform the duties and functions assigned by the Chief Coroner, this Act and the regulations.

Terms of office of the child death review committee

42.11( 1) A member of the child death review committee shall be appointed

afor a term of up to five years, or

bfor a limited period of time in respect of a particular matter.

42.11( 2) A member of the child death review committee may be reappointed.

42.11( 3) Despite the expiry of their terms, members of the child death review committee may continue to serve until they resign or are reappointed or replaced.

42.11( 4) Despite subsection (3), a member of the child death review committee may be removed for cause by the Chief Coroner.

42.11( 5) If a vacancy occurs on the child death review committee, the Chief Coroner may appoint a qualified person to fill the vacancy for the balance of the term of the member replaced.

42.11( 6) In the case of a temporary absence, illness or incapacity to act of any member of the child death review committee, the Chief Coroner may appoint a qualified person as a substitute for the member for the period of the temporary absence, illness or incapacity.

42.11( 7) A vacancy on the child death review committee does not impair the capacity of the committee to act.

Chair and Vice-Chair of the child death review committee

42.12( 1) The coroner appointed under paragraph 42.1(2)(a) shall be the Chair of the child death review committee.

42.12( 2) The members of the child death review committee shall appoint a member of the committee to be the Vice-Chair who shall perform the duties and functions directed by the committee.

Meetings of the child death review committee

42.2( 1) At the request of the Chair, the child death review committee shall meet as often as is necessary for the proper exercise of its duties and functions.

42.2( 2) Subject to subsection (3), the Chair or, in the absence of the Chair, the Vice-Chair shall preside at the meetings of the child death review committee.

42.2( 3) If the Chair and Vice-Chair are absent from a meeting of the child death review committee, the members who are present may elect from among themselves a person to preside at the meeting.

Procedures for a child death review

42.21( 1) The Chief Coroner, after consulting the members of the child death review committee, shall determine, amend or revoke the terms of reference of the committee and the procedure for a review.

42.21( 2) Subject to this Act and the terms of reference determined under subsection (1), the child death review committee may

aregulate its own review procedure,

bhear or obtain information from any person and make inquiries related to a review, and

cengage experts to advise on any matter related to the review.

42.21( 3) Despite subsection (2), no right to a hearing is established by this section.

Commencement of a child death review

42.22( 1) Each month, the Chief Coroner shall report to the child death review committee all child deaths of which a coroner has been notified under this Act.

42.22( 2) The child death review committee shall review a child death only when

aan investigation under section 9 has been completed,

ban inquest, if any, has been held, and

ca criminal investigation and criminal court proceedings, if any, have been completed.

Review and recommendations of the child death review committee

42.3( 1) With the approval of the Chief Coroner, the child death review committee may conduct a review of a child death.

42.3( 2) The Chief Coroner may require the child death review committee to review a child death reported under subsection 42.22(1).

42.3( 3) Every member of a child death review committee shall comply with the provisions respecting conflict of interest that are prescribed by regulation.

42.3( 4) After a child death review has been conducted, the child death review committee shall submit a report to the Chief Coroner, which shall address the relevant facts and circumstances and its recommendations.

42.3( 5) The child death review committee may make recommendations as to any action that should be taken to prevent further injury or death in circumstances similar to those addressed in the report.

Report of the child death review committee

42.31( 1) A report made under subsection 42.3(4) shall be in a form acceptable to the Chief Coroner.

42.31( 2) The child death review committee shall provide a copy of the report to the Chief Coroner within 120 days of commencing the review.

42.31( 3) Despite subsection (2), the Chief Coroner may, before or after expiry of the limitation period, extend the period for providing the report if satisfied that there are reasonable grounds for an extension.

42.31( 4) The child death review committee shall not make any finding of legal responsibility or express any conclusion of law in its report.

Report and recommendations

42.32( 1) The Chief Coroner shall provide a copy of a report referred to in subsection 42.3(4), together with the Chief Coroner’s comments, if any, in response to the recommendations,

ato any department or agency of Canada, the Province or a local government, and to any other person, when the Chief Coroner has reason to believe the department, agency or person should be concerned with the subject matter of the recommendations, and

bto the Child, Youth and Senior Advocate.

42.32( 2) The Chief Coroner may refer a child death to the Child, Youth and Senior Advocate for review or investigation.

42.32( 3) Within six months of receiving a report referred to in subsection 42.3(4), the Chief Coroner shall provide to the Minister the recommendations made in the report, and the comments made by the Chief Coroner, if any, in response to the recommendations.

42.32( 4) As soon as possible after receiving the recommendations made in the report and the comments made by the Chief Coroner, the Minister shall lay them before the Legislative Assembly if it is then sitting, and if it is not, the Minister shall file them with the Clerk of the Legislative Assembly.

Domestic violence review committee

42.4( 1) The Chief Coroner shall establish a domestic violence death review committee for the following purposes:

aidentifying and monitoring trends and risk factors in domestic violence deaths;

bdetermining whether further evaluation of the death of a person from domestic violence is necessary or desirable in the public interest;

cadvising the Chief Coroner on medical, legal, social and other matters to improve safety and prevent the occurrence of deaths from domestic violence; and

dany other purposes that may be prescribed by regulation.

42.4( 2) The domestic violence death review committee shall consist of at least nine members appointed by the Chief Coroner, including the following persons:

aa coroner;

ba police officer nominated by the New Brunswick Association of Chiefs of Police;

ca member in good standing of the Law Society of New Brunswick who is acting as a Crown prosecutor for the Public Prosecution Services Branch of the Office of the Attorney General;

da person registered with the College of Physicians and Surgeons of New Brunswick;

ea person who is a member of the faculty of a public university in the Province and researches domestic violence;

fa person who represents the interests of a group of aboriginal people;

gan employee of the Women’s Equality Branch of the Executive Council Office;

ha member in good standing of the New Brunswick Association of Social Workers;

ian employee of a transition house, second stage housing or another organization that administers or delivers a program related to domestic violence or sexual violence.

42.4( 3) The domestic violence death review committee shall perform the duties and functions assigned by the Chief Coroner, this Act and the regulations.

Terms of office for the domestic violence death review committee

42.41( 1) A member of the domestic violence death review committee shall be appointed

afor a term of up to five years, or

bfor a limited period of time in respect of a particular matter.

42.41( 2) A member of the domestic violence death review committee may be reappointed.

42.41( 3) Despite the expiry of their terms, members of the domestic violence death review committee may continue to serve until they resign or are reappointed or replaced.

42.41( 4) Despite subsection (3), a member of the domestic violence death review committee may be removed for cause by the Chief Coroner.

42.41( 5) If a vacancy occurs on the domestic violence death review committee, the Chief Coroner may appoint a qualified person to fill the vacancy for the balance of the term of the member replaced.

42.41( 6) In the case of a temporary absence, illness or incapacity to act of any member of the domestic violence death review committee, the Chief Coroner may appoint a qualified person as a substitute for the member for the period of the temporary absence, illness or incapacity.

42.41( 7) A vacancy on the domestic violence death review committee does not impair the capacity of the domestic violence death review committee to act.

Chair and Vice-Chair of the domestic violence death review committee

42.42( 1) The coroner appointed under paragraph 42.4(2)(a) shall be the Chair of the domestic violence death review committee.

42.42( 2) The members of the domestic violence death review committee shall appoint a member of the committee to be the Vice-Chair who shall perform the duties and functions directed by the committee.

Meetings of the domestic violence death review committee

42.5( 1) At the request of the Chair, the domestic violence death review committee shall meet as often as is necessary for the proper exercise of its duties and functions.

42.5( 2) Subject to subsection (3), the Chair or, in the absence of the Chair, the Vice-Chair shall preside at the meetings of the domestic violence death review committee.

42.5( 3) If the Chair and Vice-Chair are absent from a meeting of the domestic violence death review committee, the members who are present may elect from among themselves a person to preside at the meeting.

Procedures for a domestic violence death review

42.51( 1) The Chief Coroner, after consulting with the members of the domestic violence death review committee, shall determine, amend or revoke the terms of reference of the committee and the procedure for a review.

42.51( 2) Subject to this Act and the terms of reference determined under subsection (1), the domestic violence death review committee may

aregulate its own review procedure,

bhear or obtain information from any person and make inquiries related to the review, and

cengage experts to advise on any matter related to the review.

42.51( 3) Despite subsection (2), no right to a hearing is established by this section.

Commencement of a domestic violence death review

42.52 When an investigation under section 9 has been completed and the Chief Coroner has determined that domestic violence was a factor in the death, the Chief Coroner shall report the death to the domestic violence death review committee.

Review and recommendations of the domestic violence death review committee

42.6( 1) With the approval of the Chief Coroner, the domestic violence death review committee may conduct a review of a domestic violence death.

42.6( 2) The Chief Coroner may require the domestic violence death review committee to review a domestic violence death reported under section 42.52.

42.6( 3) Every member of a domestic violence death review committee shall comply with the provisions respecting conflict of interest that are prescribed by regulation.

42.6( 4) After a domestic violence death review has been conducted, the domestic violence death review committee shall submit a report to the Chief Coroner, which shall include the relevant facts and circumstances and its recommendations.

42.6( 5) The domestic violence death review committee may make recommendations as to any action that should be taken to prevent further injury or death in circumstances similar to those addressed in the report.

Report of the domestic violence death review committee

42.61( 1) A report made under subsection 42.6(4) shall be in a form acceptable to the Chief Coroner.

42.61( 2) The domestic violence death review committee shall provide a copy of the report to the Chief Coroner within 120 days of commencing a review.

42.61( 3) Despite subsection (2), the Chief Coroner may, before or after the expiration of the limitation period, extend the period for providing the report if satisfied that there are reasonable grounds for an extension.

42.61( 4) The domestic violence death review committee shall not make any finding of legal responsibility or express any conclusion of law in its report.

Report and recommendations

42.62( 1) The Chief Coroner shall provide a copy of a report referred to in subsection 42.6(4), together with the Chief Coroner’s comments, if any, in response to the recommendations to any department or agency of Canada, the Province or a local government, and to any other person, when the Chief Coroner has reason to believe the department, agency or person should be concerned with the subject matter of the recommendations.

42.62( 2) Within six months of receiving a report referred to in subsection 42.6(4), the Chief Coroner shall provide to the Minister the recommendations made in the report, and the comments made by the Chief Coroner, if any, in response to the recommendations.

42.62( 3) As soon as possible after receiving the recommendations made in the report and the comments made by the Chief Coroner, the Minister shall lay them before the Legislative Assembly if it is then sitting, and if it is not, the Minister shall file them with the Clerk of the Legislative Assembly.

Access to information

42.7( 1) The Chief Coroner and a peace officer shall disclose information, including personal information or personal health information, collected during an investigation or an inquest to a death review committee for the purposes of a child death review or a domestic violence death review, as the case may be, without the consent of the individual to whom the information relates.

42.7( 2) Despite any other Act, but subject to subsection (4), a death review committee has a right to all information and documents that are necessary to enable the death review committee to perform the duties and functions and exercise the powers under this Act.

42.7( 3) Subject to subsection (4), if the Chief Coroner requests a person to provide information relating to a death being reviewed by a death review committee, the person shall provide the information and produce any documents that, in the opinion of the Chief Coroner, relate to the review and that are in the possession or under the control of the person.

42.7( 4) A death review committee does not have a right to information or documents protected by a claim of privilege.

Confidentiality of information

42.71( 1) Despite the Right to Information and Protection of Privacy Act and the Personal Health Information Privacy and Access Act, but subject to section 42.72, a statement, declaration, record or document provided to a death review committee in the course of a death review is confidential and shall not be communicated to any person other than the Chief Coroner without the written authorization of the Minister.

42.71( 2) Failure by a member of a death review committee to comply with subsection (1) is sufficient grounds for dismissal from the committee as the Chief Coroner considers appropriate.

Disclosure of information

42.72 The Chief Coroner may disclose information, including personal information and personal health information, collected during an investigation or inquest or collected by a death review committee

ato the government of another province or territory of Canada for any purpose prescribed by regulation,

bto a person conducting a research project, if the project has been approved under section 43 of the Personal Health Information Privacy and Access Act, or

cto a research data centre in accordance with section 43.1 of that Act.

Remuneration and reimbursement

42.8( 1) The Chief Coroner shall fix the remuneration of a member of a death review committee who does not hold a full-time position in the Public Service as defined in the Public Service Labour Relations Act.

42.8( 2) Members of a death review committee are entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with their duties and functions on the committee in accordance with the Treasury Board travel policy guidelines, as amended.

Non-compellability

42.81 The following persons are not compellable to give evidence in any court or in any proceeding of a judicial nature concerning any information that comes to their knowledge solely in the exercise of the powers or performance of their duties and functions under this Act:

amembers and former members of the child death review committee; and

bmembers and former members of the domestic violence death review committee.

Inadmissibility of evidence

42.9 Except on the trial of any person for an offence in respect of the person’s sworn testimony, no statement made or answer or evidence given by that or any other person solely in the course of any review by a death review committee is admissible in evidence against any person in any court or at any inquiry or in any other proceedings.

Immunity and indemnity

42.91( 1) No action or other proceeding for damages or otherwise lies or shall be instituted and no proceeding shall be taken in any court, whether by way of injunction, declaratory judgment, order on judicial review or otherwise, against any of the following persons in relation to anything they have done in good faith, or in relation to anything omitted in good faith, under this Act:

amembers and former members of the child death review committee; and

bmembers and former members of the domestic violence death review committee.

42.91( 2) The following persons shall be indemnified by the Crown in right of the Province against all costs, charges and expenses incurred by them in relation to any action, application or other proceeding brought against them in connection with their duties and functions and with respect to all other costs, charges and expenses incurred by them in connection with those duties and functions, except costs, charges and expenses that are occasioned by their wilful neglect or wilful default:

amembers and former members of the child death review committee; and

bmembers and former members of the domestic violence death review committee.

4 Subsection 43(1) of the Act is repealed and the following is substituted:

43( 1) The Chief Coroner shall file an annual report with the Minister on the administration of this Act, including the following:

aa report of inquests held and investigations of deaths in which no inquests were held during the year;

ba report of child death reviews conducted;

ca report of domestic violence death reviews conducted; and

drecommendations that the Chief Coroner may have arising out of inquests held and child death reviews and domestic violence reviews conducted during the year.

5 Section 45 of the Act is amended by adding after paragraph (b) the following:

b.1prescribing duties and functions of a death review committee for the purposes of subsection 42.1 and 42.4;

b.2respecting conflicts of interest pertaining to members of a death review committee, including the circumstances that constitute a conflict of interest, the disclosure of a conflict of interest and the manner in which a conflict of interest is to be dealt with;

b.3prescribing purposes for the purpose of section 42.72;

b.4defining any word or expression used in but not defined in this Act, for the purposes of this Act, the regulations, or both;

Transitional

6 A person who was appointed as a coroner under subsection 2(2) of the Coroners Act, chapter C-23 of the Revised Statutes, 1973, and who held office immediately before the commencement of this section, shall be deemed to have been appointed under subsection 2(2) of the Act as amended by section 2 of this amending Act.

Consequential amendments

7( 1) Subsection 22(4) of the Child, Youth and Senior Advocate Act, chapter C-2.7 of the Acts of New Brunswick, 2007, is amended by adding after paragraph (e) the following:

e.1information protected from disclosure by section 42.71 of the Coroners Act;

7( 2) Subsection 19.2(3) of the Ombud Act, chapter O-5 of the Revised Statutes, 1973, is amended by adding after paragraph (e) the following:

e.1information protected from disclosure by section 42.71 of the Coroners Act;

Conditional amendment

8( 1) If the Bill entitled An Act to Amend the Executive Council Act, introduced in the first session of the 60^th Legislature, receives Royal Assent before this Bill, on the commencement of this section, the definition “Office of the Attorney General” as enacted by section 1 of this Act is amended by striking out “Department of Justice and Office of the Attorney General” and substituting “Department of Justice and Public Safety”.

8( 2) If this Bill and the Bill entitled An Act to Amend the Executive Council Act, introduced in the first session of the 60^th Legislature, receive Royal Assent on the same date, the Bill entitled An Act to Amend the Executive Council Act is deemed to have received Royal Assent before this Bill.

Commencement

9 Sections 1, 3 to 5 and 7 come into force on a day or days to be fixed by proclamation.