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.

.
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

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

  1. Wow!   March 22, 2013 at 4:56 PM

    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!

  2. Bob Noble   March 22, 2013 at 5:29 PM

    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 because he would not want to considered dirt like the rest that stayed and tried to cover it all up ..

    If the rest had any sense of respect for the people that they are SUPPOSE to represent ..they would resign as well .. and leave the sorry excuse of a Mayor sitting in the council chambers alone .

    Thanks again for your help to the elderly Diane .!

  3. Jimmy Olsen   March 22, 2013 at 5:31 PM

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

  4. Dave Windsor   March 22, 2013 at 5:40 PM

    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 to cover her costs.

    I would hope that the treatment of whistleblowers in the future would be respected and acted upon immediately to protect the innocent of our city from abuse or other illegal activity affecting them.

    One wonders how many other incidents in this city in particular were circumvented in this way in the past. If our dedicated employees of integrity, honesty and determination to correct wrong activity are not allowed to speak up we may as well be living in a dictatorship.

    I am still fuming from the initial days of these reports. Stupid managers on their bully pulpits who obstruct whistleblowers are the same foul members of our leadership who delight in their authoritative power to ‘subjugate’ city employees to their personal whims and antiquated methodology to keep issues hush hush under the guise of protecting the cities image are so reversed in their thinking not to have realized that the reverse is true.

    When we show our true metal that we are instantaneously in agreement of protecting the innocent over all other reasons, we would/will have gained monumental respect from the community inside and beyond as the place where they want to be.

    Police, Firemen. City Management, Administration, Council and most certainly or MAYOR, clergy and other of authority over us MUST BE SEEN IN ALL CASES AS OUR PROTECTORS, ADJUDICATORS AND PRIMARY SOURCES OF OUR PRIDE TO LIVE, WORK AND PLAY in the city we chose, to love, to raise our children.

    Once you delineate from YOUR own responsibilities that you for swear into upholding, you become the weakest link in the 7 strands of hope we all are expecting of you.

    In these strands, in this past councils term, you have been seen to let us down in about 4 out of the 7. You must maintain a shock and awe approach in tackling the ills of our society. Instead, you individual examples have torn down our faith of you in all areas that we should be holding up. Shame on you, each of you who how usurped POWER and AUTHORITY over us.

    Recall the negativity we all felt with the entire Project Truth lies and protectionism exercised by the clergy, judiciary, probationary, police and yes, I would think many others untold in that saga that many of us have come to believe went totally in an unjust way with authoritative criminals covering up for each other via ‘club think’ or whatever ways you could.

    Then you IDIOTS assume the public is still stupid enough to pull the wool over our eyes yet again.

    Why in hell do you think so many people get upset at what you now think are whiny, tiny issues like bullying (authoritative hypocrits) as a combined authority such as our city council who have pulled together to protect their own ‘group think’.

    You stupid people. When are you going to learn the lessons of the past and comprehend the delicacy of this community, still reeling from resent history that your stupid self-interest can bes- murk those who should be looking up to you.

    You simply do not realize how much you have been counted on to be our stalwarts, our stewards, OUR LEADERS.

    Yes, shame on you. Shame on each of you who have had anything to do with backing up wrong doing as well in particular those committing larceny, information withholding or simply lying. My good God people.

    Stand up when you see a wrong, even if it is YOUR own job that may be at stake, because if you too are found out, this city will hang you out to dry with the rest of them.

    I’m incensed with such on going skulduggery. SMARTEN UP.

  5. stellabystarlight   March 22, 2013 at 5:56 PM

    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.

  6. admin   March 22, 2013 at 6:41 PM

    And it all started with elder abuse Jimmy. Imagine one of our sponsors just killed a PSA over elder abuse; probably from bullying. Some people just don’t get it.

  7. Jim Marshall   March 22, 2013 at 8:10 PM

    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?

  8. City RN   March 22, 2013 at 8:55 PM

    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 lawyer Bernadette and educator Elaine….you both know better.

  9. City RN   March 22, 2013 at 9:02 PM

    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!

  10. cornwalllaughter   March 22, 2013 at 9:32 PM

    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 yes gave Fitzpatrick and Donna D a huge pay off on the tax payers back as a parting gift for screwing each other at the ehtenol plant on 10th street.

    Ms. Shay you are a wonderful person for standing up to these people and Ms. Shay the day will come when these people really do get what’s coming. For your courage and strength, God Bless you!

    Kilger, do you see what’s wrong? Just do the right thing, stay in Ottawa, we do not need your kind in this town anymore.

  11. "two flusher"   March 22, 2013 at 10:13 PM

    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 Monday night ? All it takes , is a “notice of motion”,
    a mover & a seconder !

  12. Diddlyscwat   March 22, 2013 at 10:14 PM

    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 a ward system once again or as we now have it.

    HMMMM lots to think about. Better the devil/dog you know than the one you don’t……if they open the doors, free up information and keep their noses clean that is.

  13. Jimmy Olsen   March 23, 2013 at 6:58 AM

    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 words like “suggests” and “disagrees.”

    It’s all very clear the mainstream news is pitifully biased. And as far as long-winded goes, Lihou has written at least twice the number of words than are contained in Leslie Os letter.

  14. mariah   March 23, 2013 at 10:36 AM

    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

  15. Stan Stalk   March 24, 2013 at 8:15 AM

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

  16. Diddlyscwat   March 24, 2013 at 11:32 AM

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

    What do you say about that Dave……

  17. Dave Windsor   March 24, 2013 at 11:33 AM

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

  18. Diddlyscwat   March 24, 2013 at 11:41 AM

    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.

  19. Dave Windsor   March 24, 2013 at 11:43 AM

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

  20. cornwalllaughter   March 24, 2013 at 8:27 PM

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

  21. jules   March 24, 2013 at 10:14 PM

    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 the town) should come in and take over PRONTO! Those in the jobs at the higher ups in the City of Cornwall as well as people on the border crossings should be fired NOW! NOW not tomorrow but NOW. I know all too well what goes on and those in those positions {MODERATED} to go as well and replace them with OPP and even RCMP since they are not qualified to handle what goes on in Cornwall. Throw all the bums out immediately – not one are qualified at all to have those positions. Yes from the very top position (I don’t care who it is and what it is must go now) along with the rest I mentioned. Good ridance.

    Ms. Shay I wish to God that there were more people like you in this world. You are a good lady indeed.

    So many people brought terrible shame to Cornwall and I myself feel so ashamed to call Cornwall my hometown. I have my head down about that one. One in prison in San Francisco, one hiding out on the Indian reserve and the rest in Cornwall’s so call hyarchy all involved in all the mess that any chimp could have created without even thinking about the consequences. These people have brought hell on earth and shame to their families and they all deserve the worst that God can give them all.

    God Bless you Ms. Shay and that takes more courage than what most people would ever have. God looks down on all the rest but He has you shining from above. Thank you.

  22. mary   March 25, 2013 at 5:36 AM

    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.

  23. bigfellow   March 25, 2013 at 9:16 AM

    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.

  24. Miss Steak   March 25, 2013 at 10:09 AM

    @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.

  25. Dave Windsor   March 25, 2013 at 11:23 AM

    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.

  26. jules   March 25, 2013 at 11:43 AM

    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 of society need everybody’s help and we all have to expose those who abuse them. All those at City Hall from the highest job (I don’t give a rat’s behind who it is) must be fired all the way down to the Barney Fife PD, the Border Guards, the mayor and council and everyone else connected to Tombstone. I said it before as well on CFN and I mean that fully.

    People would be shocked out of their minds if they really knew the real truth about what is going on. Like what Jamie said that people cannot handle the truth. Who said that before as well as former US pres. George W. Bush that people cannot handle the truth and that is so very true indeed.

    In order to get rid of what is really behind Cornwall’s demise is that everyone has to be let go from the very top down to the bottom level and that another municipality or the province has to take it over. There is no other way and for the RCMP and OPP to come in as well.

  27. Dave Windsor   March 25, 2013 at 3:53 PM

    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 :-).

  28. Karl Braeker   April 30, 2013 at 10:58 AM

    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 the Ontario Ombudsman be extended to include Hospitals and Long Term Care Homes. In other words, that the Ontario Ombudsman be appointed the police agency to enforce the provisions of the ” Long Term Care Homes Act 2007 “.
    We propose that the 81 LTCH Inspectors presently employed by the Ministry of Health and Long Term Care be transferred complete with their budget to the Office of the Ontario Ombudsman. That there be a phone line 24/7 with NO CALL DISPLAY, where abuse and neglect can be reported without fear of repercussions.
    We also propose that for the upcoming provincial elections, each candidate in ALL ridings be asked the following question :

    If you are elected, will you support extending the mandate of the Ontario Ombudsman to include supervision of Long Term Care Homes an Hospitals in compliance with the provisions of the
    LONG TERM CARE HOMES ACT 2007, and provide the support to fulfill this mandate?
    If your answer is YES, will you introduce and support the required amendment to the ONTAERIO OMBUDSMAN ACT at the earliest opportunity?
    This question should be in hard copy, and the answer should also be in hard copy.

    We fully realize that the Ombudsman is not the answer to all the problems in this industry, but what is needed, is an
    INDEPENDENT AGENT OF THE CROWN, an agent that is independent of government and the Long Term Care operators, and reports DIRECTLY to parliament.
    Hope fully Dianne Shay has started a groundswell of positive action across our province.
    Thank you Dianne.
    Karl Braeker

  29. Karl Braeker   April 30, 2013 at 11:02 AM

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

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