Ontario PTSD legislation for first responders celebrated by some, but nurses left out

Advocates for first responders say too many people will be left out of new legislation passed at Queen's Park Tuesday that makes it easier for first responders to claim insurance benefits for work-related post-traumatic stress disorder (PTSD).

The Ontario Nurses' Association (ONA) says the province's 60,000 nurses are outragedthe province has excluded them from the bill in a news release.

ONA Vice-President Vicki McKenna says nurses are "shocked and so disappointed" the government didn't include them in the legislation, especially after the organization metwith the labour minister during the process of crafting the bill.

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Others argue on-the-job trauma often leads to other mental illnesssuch as depression and substance abusethat won't be covered by the legislation.

The legislation,introduced by the government in February and passed unanimously today, will apply to the province's73,000 first responders including police officers, firefighters, paramedics, workers in correctional institutions, and First Nation emergency response teams. When afirst responder isdiagnosed with PTSD,there will be an assumption it is work-related.

In the past, injured first responders have needed to prove their PTSD diagnosis resulted from a workplace injury in order to access benefits from the Workplace Safety andInsurance Board (WSIB).

Advocates for first responders have called for the new rules for years, arguing that forcing an injured worker to prove the cause of their PTSD diagnosis is too onerous and often re-traumatizing.

NDP says key groups left without coverage

NDPMPP Cheri DiNovo, who introduced five unsuccessful bills that would recognize PTSD as a workplace injury, saysmore work needs to be done in this area.

"We wanted to see the nurses, parole officers and bailiffs covered," she told CBC News.

"I say to those groups that should've been covered but weren't: 'We're still fighting for you.'"

Paramedic Shannon Bertrand, who spoke alongside DiNovo at Queen's Park after the bill passed,told CBC News she "couldn't be happier" with Tuesday's news.

"I wish the bill could be expanded to include other groups, but I think that's coming down the road," she said.

"I think we've set the pathway for other groups and I'm just happy for me and my colleagues."

Ontario's Labour Minister Kevin Flynn told reporters it was gratifying to see the legislation being passed unanimously.

"Society hasn't paid enough attention to mental health issuesand post-traumatic stress disorder is a big part of that," Flynn said.

"So, it was gratifying to sit in the House and look around and to realize that an action by this legislature can change and affect lives in a really meaningful way."

Nurses not included

Nurses with PTSD, the ONA's McKenna said, are still struggling to get support.Getting a claim through the WSIB, she said, is like climbing amountain.

"We have cases under appeal now that have taken a decade," she said.

McKenna says some nurses who have been unable to work since seeing colleagues die during theSARS outbreak in 2003have never received compensation.

McKenna says it's difficult for nurses to have to "fight so hard when it's clear that this is what they're experiencing."

She adds being included in the legislation would encourage nurses to talk about workplace stress and come forward more often.

"Nurses who need assistance and support would seek it. And they would be healthier, and be able to be in the workplace," she said.

Vince Savoia, theexecutive director of the Tema Conter Memorial Trust, an organization that supports first responders dealing with "operational stress," says Ontario has made a good first step with the new legislation.

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"We have to start somewhere," he said.

"PTSD is quite high in the emergency services field.

Savoiasaid the legislation could be improved by covering nurses, doctors and social workers who witness trauma on a day-to-day basis.

In Manitoba, he said, all occupations are covered.

"Obviously we'd like to see that type of legislation in Ontario.But this is a very, very fantastic first step."

Legislation brought tear to former police officer's eye

A Cop's Ordeal

11 years ago

Duration 4:26

Over the course of his 30 year career Ralph Thistle worked in a variety of jobs including investigating murders in the Homicide Unit and training fellow officers and recruits as a firearms instructor.

Ralph Thistle, a former Toronto police officer, told CBC News the legislation brought a tear to his eye.

Thistle blames PTSD for breaking up his family and leaving him homeless. He would eventually spend three months in jail, as well.

• Retired Toronto cop shares past struggles with PTSD, alcoholism

"I'm so pleased the next generation of men and women joining first responders will have the support I didn't receive," he said at Queen's Park.

His daughter, Kyra Thistle, who accompanied her dad to the legislature Tuesday also lauded thegovernment's move.

"When you see the person you love the most in the darkest place they can be and there's nothing you can do to help, that's where the main struggle is. I'm glad this bill has passed so no other families have to go through the same situation we went through."