What’s the next move for the Delta Hospice Society board?
That remains to be seen following last Friday’s B.C. Supreme Court ruling that blocked the board from holding a special meeting to ask the membership to change the society’s constitution to become Christian-based.
The Optimist this week reached out to board president Angelina Ireland for an update and is waiting for a response, but an article in The B.C. Catholic noted the society is considering appealing the decision.
The article quoted Ireland as saying the Delta Hospice Society is private and not a public society.
In an affidavit filed to the B.C. Supreme Court, Ireland argued the society’s acceptance of certain membership applications, and its rejection of 310 of them, was in line with the Societies Act, the article noted.
At a community rally and walk at Paterson Park last Saturday, which saw hundreds in attendance, former board member Chris Pettypiece announced the petition he filed along with Sharon Farrish and former board chair Jim Levin was successful, blocking the meeting that would have been held via teleconference followed by a mail-in ballot.
Alleging the board and Ireland were in contravention of the Societies Act, the petition stated the board manipulated the membership list to stack the deck by rejecting, without basis, hundreds of applications by those concerned by the direction of the society, while selectively accepting applications from those supportive of the board’s philosophy and direction.
Pettypiece said the court ruled, among other things, that the board does not have the right to screen members and that the board acted in bad faith to manipulate the vote.
He also said the court decided no meeting of the society can be held without the direction of the court and that the court may appoint an independent chair.
In a statement, Ireland responded, "We are highly concerned with the lack of justice in the court system today.”
Saying there’s concern the hospice thrift store in Tsawwassen would be sold off, Mayor George Harvie told the rally he’d bring forward a motion at Delta council this week to deal with the store’s tax-exempt status.
On Monday, council unanimously agreed the city will notify the society’s board that the store will lose its tax exemption if the society’s constitution is changed in such a way that membership becomes restricted.
In a letter to Ireland made public this week, Harvie wrote, “We are very concerned that some of the actions of the board are not in the best interest of the Delta community at large, and the many residents who have worked hard to fund and maintain the hospice.”
He also wrote, “Under Delta’s permissive tax exemption guidelines, to be eligible for an exemption, Delta residents must not be restricted from accessing the services of the organization, and the organization must be in compliance with applicable laws and regulations.”
Harvie also wrote to B.C. Finance Minister Carol James asking for a financial audit of the society, noting there’s serious questions raised about the management of the society under Ireland including the appointment of new directors outside the organizations, membership denials to local residents and restricted access to society records.
“Delta Hospice is very much a community asset – staffed with local volunteers and funded largely by private donations from people who are upset that these funds are now being used to exclude people who do not subscribe to a particular set of values, and in a way that is not consistent with provincial policies around access to MAiD,” Harvie wrote.
He noted he’s requesting a full audit to determine if any laws or regulations have been contravened by recent actions of the board.
Delta South MLA Ian Paton at last weekend's rally said a laywer for the DHS board wrote to him questioning the suggestion membership is a right for anyone who wants it
“We want to be assured that provisions are in place to ensure that the Society assets remain with the facility for the benefit of the community, notwithstanding the termination of provincial funding and the potential removal of the Society,” Harvie stated.
“This situation continues to cause division within the Hospice Society and within the Delta community, and we appreciate the Province’s ongoing support in resolving this matter.”
Harvie also wrote to Fraser Health president and CEO Victoria Lee asking for a full inspection and audit of the hospice, saying “some serious questions have been raised about the current management of Delta hospice in terms of staffing levels and resident care.”
It’s unclear what happens with the board from this point, although for now it remains in charge until the next annual general meeting later this year.
Health Minister Adrian Dix earlier this year announced the province is ending its service agreement with the society, saying it has given 365 days’ notice that the society will no longer receive any funding or be permitted to provide hospice palliative care.
It’s due to the current board refusing to offer the legal procedure medical assistance in dying (MAiD) at the Irene Thomas Hospice in Ladner.
Fraser Health had mandated that non-faith based hospice facilities that receive public funding offer MAiD to those who request it.
Following a heated annual general meeting last year, which saw many new sign-ups of those opposed to MAiD at the hospice, the new board quickly reversed a policy passed by the previous board to offer MAiD.
After the previous had board voted to allow it, former board chair Jim Levin issued a letter to members noting that after speaking with palliative care physicians and experts, the decision was made based on the fact that MAiD is written into Canadian law and is widely accepted in hospice facilities across B.C.
He added that not allowing MAiD also brings potential human rights violations.
Those who support MAiD being offered at the hospice say it should be considered as a part of the continuum of care and patients have the right to choose.
However, the current society leadership argued Delta Hospice never agreed to medically assisted deaths when it signed its contract a decade ago, and that the procedure is available next door at Delta Hospital.
