BREAKING – Diane Shay SPEAKS – Cornwall Ontario Whistle Blower Releases Statement to Media – March 22, 2013

BREAKING – Diane Shay SPEAKS – Cornwall Ontario Whistle Blower Releases Statement to Media – March 22, 2013

Budget 2012 LESLIECFN – Diane Shay has released a statement via her lawyer Fay Brunning.  We are printing it  in its entirety.

 

March 22, 2013

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Members of the media;

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I would like to thank Mr. O’Shaughnessy for his personal apology to me for the ordeal that I
have gone through as a whistleblower. This ordeal began with my efforts to ensure that the
Corporation dealt with resident abuse at the Lodge in a manner that was in accordance with
the law, designed to protect the vulnerable persons in our community.

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It certainly took courage for Mr. O’Shaughnessy to resign in protest last year, and to come forward with the statements in his press release on March 19, 2013.

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I have spent years trying to maintain a steady course, to have the City abide by the law, to expose the illegal conduct and to encourage Council to investigate why it happened.

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I hope that the public realizes the deep personal sacrifices that have to be made, to make a meaningful difference and to stand up for what is right. The employees of the City who broke the law were supported by public money, and they needlessly fought the illegal retaliation charges for almost 2 years. I was the City employee who had done what was right, yet the City lawyer was intending to try to break my evidence in Court. The guilty plea was correct on the evidence that the judge accepted as proof, beyond a reasonable doubt, of guilt. 

Mr. O’Shaughnessy gives me hope that good people will dig for the truth and not back down.
Good people will require that the law be enforced or will try to stop illegal conduct. The law abiding public servants in this community deserve the support and protection of the public and
Council.

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Diane Shay

Some background from Fay Brunning, Ms Shay’s lawyer.

(Background:   I acted for Diane Shay in relation to whistleblower protection, reinstatement and witness representation in the past.  She forced the City to report resident abuse at the Lodge  that was investigated and confirmed by Janet McFarland and Kathleen Smit, investigators from the Ministry of Health and Long Term Care (MOHLTC).  Ms. Shay was harassed, disciplined and then had her employment terminated.  She had to bring a civil action to be reinstated to her employment.  She was then the key witness for the Ministry of Health and Long Term Care, which had laid charges against the City and Mr. Menagh for illegal retaliation.

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The retaliatory conduct/failure to stop retaliation of Mr. Fitzpatrick, Mr. Menagh and Ms. Derouchie formed the basis of the charges against the Corporation of the City of Cornwall.  Under the legislation at the time, and in the successor legislation, operators of long term care facilities could not and still cannot retaliate in any fashion against employees who report resident abuse (whether suspected or actual) to MOHLTC.   Under the City Whistleblower Policy, the CAO (Mr. Fitzpatrick) was employee of the City responsible to enforce whistleblower protections.    The Attorney General of Ontario prosecuted those charges and gave crown disclosure, the vast majority of the evidence coming from Ms. Shay.  Ms. Shay was an active employee at the time she was being called upon to testify against the three senior managers in Court.

 

On the eve of the trial, in October 2011, the City changed its plea to guilty.  An agreed statement of facts including emails at the material time, were given to the Judge and read in public, which the Judge accepted as proof beyond a reasonable doubt of guilt.   A conviction was registered.  The taxpayers paid the fine ($15,000 plus 25% surcharge for a total of $18,750), and paid all the legal defence costs of Mr. Menagh and the City (which were reported in the media).   Ms. Shay’s request for her own legal fees was denied by Mr. Fitzpatrick, so she had to seek the assistance of the Registered Nurses Association of Ontario.  The RNAO graciously agreed to contribute to Ms. Shay’s legal costs because whistleblower protection is so important to front line nurses who are trying to provide care/protection to elders. )

We will be updating this story shortly.

James Moak

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29 Comments on "BREAKING – Diane Shay SPEAKS – Cornwall Ontario Whistle Blower Releases Statement to Media – March 22, 2013"

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Wow!
Guest

She was abused but isn’t she still on the Sunshine List. Or was that the hard partying Donna Durochie the bald guy’s squeeze. Blecch!

Bob Noble
Guest
Good for you Diane !!!!! Thank You for your integrity and for letting the public know what happened to you as a result of a group incompetent “leaders” in our community. They should be ashamed of their conduct ..not only how they treated you for doing your job right ..but also for their lack of respect for the seniors that you tried to protect .. Shame on all of them .!!!!!!! Leslie was the only one to stand UP FOR WHAT WAS RIGHT !!!! When I say “ONLY” he was the one that put it on the line and resigned… Read more »
Mary Anne Pankhurst
Member

This is the story everyone in Cornwall should read, understand and remember.

Dave Windsor
Guest
City management who illegally disrespected the whistleblower laws of the province must be personally made responsible for the legal charges paid for them by the city of Cornwall tax payers. Had they been cleared of wrong doing, I would agree they would not be otherwise charged these costs. IT WAS WRONG FOR THE CITY TAXPAYERS WOULD HAVE TO COME GOOD ON THEIR BEHALF. It is reprehensible that these people would not see to it that Ms. Shay’s legal costs would not be paid for just as theirs were. The nurses association that backed her charges up should sue for compensation… Read more »
stellabystarlight
Guest

Diane, thumbs up to you!!! You did the right thing to right a wrong yet you were penalized. Unbelievable!!

You as well as Leslie need to be commended for your integrity, your sense of fairness and your courage.

Best of luck Diane……you certainly deserve it.

Jim Marshall
Guest

By the way, is there anything about our Cornwall General Hospital project that you would like me to address while I am speaking to the Barrie Victoria Village project people?

City RN
Guest
THANK YOU DIANE! Your timing on this one couldn’t have been better! Over and over again more proof that nasty things happened and it appears all councillors are guilty for allowing this to carry on. Hmmm first they pay big bucks trying to cover up elder abuse, then they tried to put the lodge in grave risk of fire not too long ago. This is appauling!! Citizens of Cornwall should be able to sue Kilger and Council personally to payback the legal fees and then all the emotional damages that were incurred by whistleblowers. Shame on council. Bigger shame on… Read more »
City RN
Guest

What a disgrace! They all need to go! Citizens of Cornwall now is the time to team up for the good of our city and head out to city hall this Monday at 6:30pm. We can’t wait for another election, they need to go now!!! Conflict, lies, abuse of power, wasteful spending, bullying….need I say more! See you all Monday!

cornwalllaughter
Guest
When you have a most disgusting, selfish pig who only cares about himself running this city, a man who cheated on his wife, and now has kids the same age or younger then his grand kids because of his affairs, cheated someone from getting a job at the fire station because he GAVE it to his son, a person who calls city vehicles to pick up his drunk ass at the sports bar to get a ride home and so on and so on, running this city, and getting away with it all, why would he see anything wrong? And… Read more »
"two flusher"
Guest
Ms Bruning & Ms Shay, As a concerned citizen, I’m just dying to know, who paid Dianne’s legal bills ? The article above states the “RNAO” contributed to the costs ? Who paid the rest ? Was Dianne forced to pay anything from her pocket ? If so, WHY ? That same article stated, that the other City employees, in this case had their bills paid by the Corporation ? Is that factual ? Personaly, the City must pay, all the legal bills, on Ms Shay’s behalf ! This should be taken care of, at Council’s next meeting, this coming… Read more »
Diddlyscwat
Guest
They are not worth the legal costs to legally throw them out. Enough to pressure them to resign in disgrace or to live with it until the next election. To ‘throw them out’ (throw the bums out) would mean the Provincial Government would have to step in to run our city. Perhaps that would be a good thing whereby they would also do forensics on expense and al accounting matters. Failing that, we would be run by our city managers. Can you fathom that? It may work until election time. Who would decide how many councillors to run and whether… Read more »
Mary Anne Pankhurst
Member
So relieved this story ties in Ms. Shay’s ordeal with Leslie O’s statement because coverage in both Seaway News and the F-Holder essentially judge Leslie’s words as being nothing but long-winded hot air. And his decision to resign, the wrong choice. Curiously, and at the same time, the Seaway’s story is generously seasoned with words like: slams and slammed (city hall); took direct aim (at city hall); a litany of accusations (there are 3); etc. How can a letter be hot air with all those violent allusions? And even more curiously, the coverage on Kilger uses the soft pedal with… Read more »
mariah
Guest

Timing is everything,Thank you Leslie & Diane for your courage to stand out & do the right thing.It cannot be easy.I admire your strengths & convictions.This city failed Perry Dunlop…don,t be fooled a second time by mayor & his thugs.Come out to council meeting this coming Monday at 6:30pm,starts at 7pm We have to hold all of council accountable for their illegal activities

Stan
Member

Shameless behaviour by Cornwall City Council and underlings! Fire the lot!!!

Diddlyscwat
Guest

Dave Windsor should run for council. He sure has put it to the succinctly.

What do you say about that Dave……

Dave Windsor
Guest

Not a Diddly-Scwat I couldn’t handle the pleasures.

Diddlyscwat
Guest

What ever happened to the person who ‘started’ all of this nonsense that got out of control……the one who abused the patient at S.D.&G’s Senior Home?

Further, what ‘happened’ the Ms. Bray’s boss, the one who first denied to hear her complaint about it?

The whole ‘mole sure was made into a mountain’ as a result of bad decisions from the get go……certainly not Diane’s.

Dave Windsor
Guest

Not a chance Diddly, I couldn’t stand the pleasure(s).

cornwalllaughter
Guest

I wonder what the outcome would have been if it was Kilger’s mom who was abused?

jules
Guest
I congratulate you Ms. Shay and you had the courage to come forward which is a great deal more than most people would do. If more people came forward then Perry Dunlop would not have gone through the hell on earth that he went through as well as his family. The people in Cornwall who were responsible for what Perry went through SHAME ON ALL OF YOU WHO LET THAT HAPPEN!!!! {MODERATED} I said before and I state it again and again and again that people from the outside (nobody from Cornwall at all since they are incapable of running… Read more »
mary
Guest

Thank You Diane Shay, I am so happy to see that our town is finally getting a cleaned up. We do need more people like you , that took courage and integrity and then much more. Now lets see how our town will react to this, because poor Perry Dunlop went though hell and back, lets make sure no one else has to go though what Perry Dunlop went though.

It is going to a lot to get rid of corruption because it is all over Cornwall. If the people stick together it can be done.

bigfellow
Guest

Corruption!! Don’t make me laugh. There has to be a greater word than that. How about, ” The devil’s helpers are living in cornwall”. There are some very good people in cornwall,that are trying to clean-up and get rid of the “devil’s helpers” but they need more help.
Help is coming, but from a distance and it will be a huge cleanup, once and for all.
Warning for those who did not take the time to vote on the last voting, beware of who you might vote for this time, but GET OUT AND VOTE.
Make it a 100% CORNWALLITE VOTE.

Miss Steak
Guest

@Dave Windsor
I truly love reading your letters, but I must say that many times I have to read and then reread to make sure I understand your true meaning. Perhaps if you proof read your material before submission, your meaning might not be so ambiguous.
Example: who are the stupid ones you refer to? Is it us, the readers, or is it council that you refer to? Thanks.

Dave Windsor
Guest
Thank you Miss Steak. Your points above are valid. In my anxiousness to send out my thoughts, yes, I do end up sounding or truly being ambiguous. Be assured, my comments were totally meant for the consumption of the community as to infer our city council as seen in the eyes of the city. As I see it anyway. Any thought of inference to ‘us’ or the readers is unintended. I will do my best to try to slow my process’s down so even I don’t confuse myself AFTER I’ve sent out my work. Kind regards. Once again, thank you.
jules
Guest
The corruption “devil’s helpers” indeed goes way deeper than what people think it does and I know what it is and if my gut tells me what it is I won’t say anything here since it is way too dangerous to talk about. Robert Menaugh knows plenty and was paid to shut his mouth about everything. If I were Robert Menaugh and knowing what he does I would have taken the money and left knowing what I know. Diane Shay has a great deal of courage and more than what most people have. The elderly who are the most vulnerable… Read more »
Dave Windsor
Guest

Miss Steak = Mistake(?).. Took me a while. Talk about ambiguity,,,wow and a very good one at that.

Love it. Got ya…………:-) Just Kidding….

At least ‘I’ can laugh at my stupid mis-takes??????

Yours was more ‘Core Wreck’d’ than a lot of funny handles hear :-).

Karl Braeker
Guest
I am president of the Norland Area Senior Citizens Cliub USCO #1285 and we have been fighting senior abuse and neglect in Long Term Care Homes since 2011, when a member brought a complaint. In investigating tis complaint, I was appalled at the culture of intimidation and threats that is rampant in the long term care industry. It is refreshing to see, that Dianne Shay stood up to the bullies and won in the courts. However, this problem is not only a Cornwall problem. It is province wide. We , the Norland Seniors Club are demanding that the mandate of… Read more »
Karl Braeker
Guest

Please feel free to provide my e-mail address to anyone requesting it. Karl Braeker

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