Watchdog finds language equality missing in parts of N.B. health-care system

New Brunswick's languages watchdog is concerned about the rise in complaints involving patients who didn'treceive health care in their preferred language.

In her annual report released Wednesday, Official Languages Commissioner Shirley MacLean largely addressed the "many" complaints related to the health-care system.

"We are all aware of the pressures currently facing our health-care system, but these pressures can in no way affect the constitutional rights of New Brunswickers to be served in the official language of their choice," MacLean wrote in the report titled"Protecting and Promoting New Brunswickers' Language Rights."

The report, MacLean's second since she took on the role in January 2020, outlines 230 complaints her office received between April 1, 2020, and March 31, 2021.

Of those, 127 were deemed admissible, with 14 based on a lack of service in English and 113 based on a lack of service in French.

Thirty-five complaints were related to health services, including 24 filed against the Horizon Health Network, which operates in English, and five against the Vitalit Health Network, which operates in French.

In the previous fiscal year,there were five complaints related to health services overall.

MacLean said she attributes the increase to COVID-19 and the strain it has placed on the health-care system, which is struggling withstaffing shortages.

Under the Official Languages Act, patients have the right to be served in English or French, whether they're at a Horizon hospital or aVitalithospital.

'Sorry, I don't speak French'

One complaint against Horizon Health was submitted by afamily member of a unilingualfrancophone patient who was admitted to the Miramichi Regional Hospital.

During the patient's time in care, the family member had to act as an interpreter for the patient because the doctor only spoke English.

Other family members called the hospital to get an update on the patient but were told, "Sorry, I don't speak French," by the Horizon Health employee.

"This situation highlights the dangerous consequences of not having services in the official languages of choice," MacLean said Wednesday.

"In this case, the patient andfamilydid not have confidencein the treatment provided to them because they did not receive service to which the patient was entitled, service in the official language of choice."

The Oromocto Public Hospital and Dr. Everett Chalmers Hospital in Fredericton both received complaints about alack of French-speaking staff.

A complaint involving the Moncton Hospital noted the COVID-19 safety signs when entering the MRI unit were only in English.

Similar complaints were made regarding the Dr. Georges-L.-Dumont University Hospital Centre, in Moncton, and the Campbellton Regional Hospital, where patients could only access services in French.

MacLean's recommendations for the health networks include consistently briefing staff about language rights in New Brunswick and making sure there is always at least one bilingual staff member working across operating hours.

She said Horizon Health and Vitalit have both been responsive to the complaints and have taken steps to offer language equality in their services based on MacLean's recommendations.

COVID-19

MacLean's report last year focused mainly on the province's failure to inform the public about COVID-19 in both languages, including during news conference.

The province has since made an effort to include translation and interpreters, said MacLean.

Fifty-six complaints were related to the COVID-19 pandemic during the 2020-2021 fiscal year, and most were abouthealth services, butMacLean said there is alsoroom for improvement from government communications.

As the COVID-19 pandemic progressed, the government quickly sought services from third-party companies, including for security and screening. MacLean said there was a failure to offer services in both languages in someinstances.

The report outlines complaints filed against the New Brunswick Liquor Corp. after a security guard at a Caraquet storefront greeted customers with COVID-19 screening questions in English only.

The Department of Justice and Public Safety was the subject of 12 complaints, including a failureto provide French services at the Aulac and Saint-Jacques interprovincial borders and during the pandemic-related travel registration process.

3 main recommendations

MacLean also makes three main recommendations to improve the Official Languages Act, which must be reviewed by Dec, 31, 2021. She recommends:

• The development of an action plan to ensure the simultaneous dissemination of

communications in both official languages.

• The implementation of a strategy to ensure that communications are integrated into

emergency planning.

• The development of a strategy to support the various levels of government to integrate

the two official languages in communications during emergency or crisis situations.

Commissioners Yvette Finn and John McLaughlin were appointed to review the Official Languages act in February of this year.

"I'm continuing to be optimistic that we will achieve concreteresults to substantially advance our official languages rights in New Brunswick," said MacLean.

The last review of the act was in 2013.

MacLean has said in both of her reports as the province's language commissioner that she would like to see the creation of an official language secretariat to support the premier in implementing the act, something also recommended by her predecessor.