Manitoba to disband office created to protect seniors in care following scathing report

Personal care home residents in Manitoba were punched, slapped, kicked and sexually assaulted — and not only did the office investigating those allegations not consider it abuse, but a director overturned an investigator's finding of wrongdoing in at least one case.

The provincial auditor general released a scathing report Wednesday into the Protection for Persons in Care Office (PPCO) which investigates allegations of abuse and neglect in health-care facilities and is under the responsibility of Manitoba Health.

"I am deeply concerned by our findings and recognize the painful experiences the victims and families went through," Tyson Shtykalo wrote in his 41-page report, summing up an investigation he called "troubling."

His report found some allegations of personal care home abuse — including when criminal charges were laid — did not meet the PPCO's high threshold for abuse.

In one example, a health-care aide hit someone with severe dementia in the face with a remote control for a transfer lift. The health-care aide then lowered the transfer lift onto their abdomen. They sustained injuries to their face, as well as bruising and swelling on their abdomen and shoulders.

The police laid assault charges against the health-care aide, the report said, and an investigator with the office deemed it a case of abuse. But a more senior director made the investigator change their finding to "unfounded," the report said.

In another case, a health-care aide at a personal care home kicked a resident in the shin. The resident continued to bleed after the wound was cleansed. The office did not consider it a case of abuse as the person did not remember it happening and recovered fully.

"We found the allegations were valid and were not isolated cases," Shtykalo said.

Disbanding office after 'repulsive' findings

Justice Minister Kelvin Goertzen announced the province would respond by disbanding the Protection for Persons in Care Office and replace it with a new independent investigation office that will report directly to the legislature instead of a government department.

Considering the office's failings, Goertzen said it would be difficult for a rejigged office to regain the trust of Manitobans, he said.

"To be clear, what the report revealed, specifically as it relates to abuse of elderly, is sickening and repulsive," he told a news conference.

"The revelation that investigators were pressured to change the findings of their investigations by leadership at the PPCO is very, very troubling, and while the report does not indicate how pervasive these situations were over the two decades that the PPCO has been in existence, not a single one is acceptable. Not a single one."

The province is enlisting William Burnett, former justice on the Manitoba Court of King's Bench and Court of Appeal, to guide the creation of the new independent office over the next 18 to 24 months. 

Meanwhile, attorney Kimberley Gilson will lead a re-examination of some of the abuse allegations with the help of the team and resources she deems necessary. She will have the authority to recommend criminal charges to law enforcement. 

The auditor general also revealed that, as of 2022, the backlog of complaints dates back to 2018, and some investigations didn't start for more than three years.

The office also hasn't produced annual reports since 2016 and has not publicly reported the outcomes of its investigations, Shtykalo said.

'My jaw hit the floor'

An advocate for seniors said the auditor general's investigation stands out among the many reports she's read about seniors being let down. 

"At this point I think I've seen everything, and yet my jaw hit the ground when I saw this report," said Laura Tamblyn Watts, the founder and CEO of CanAge, a national seniors' advocacy organization. 

"What we see here is serious, serious police-reported allegations of abuse, including sexual assaults, physical assaults, kicking, swearing, all being found as unfounded for abuse by this particular office. It is a staggering report and one that this government better be taking very seriously," she said.

She called disbanding the PPCO the "only dramatic step" that could potentially satisfy Manitobans.

Tamblyn Watts also said changes should have been made earlier following three reports in the last 10 years that raised concerns about the office's high threshold for what constitutes abuse. 

Opposition politicians said concerns about abuse in personal care homes have been known for years. CBC News reported about the investigative delays and lack of transparency back in 2019.

Liberal Leader Dougald Lamont wants the province to go further and call a public inquiry. His party has called for the establishment of an independent seniors' advocate since 2016.

"There should be public hearings. This shouldn't be something that's done quietly. It shouldn't be private interviews. This is a catastrophe and it's one that we've been warning about for years and years and years."

The NDP didn't make anybody available for an interview, but said in a statement the Tories have undermined the services that seniors rely upon by leaving vacancies in the health department responsible for the PPCO. 

The government said it has made efforts to strengthen the office's authority.

Earlier this year, it passed a law to change the definition of abuse at health facilities, which lowers the threshold the office uses to acknowledge a report of abuse requires action.

And in April, changes were made to the leadership at the office, including a new director and executive director.