http://www.cknw.com/Channels/Reg/NewsLocal/Story.aspx?ID=1398669
WorkSafeBC submission to Sled Dog Task Force provides answers to lingering questions
VANCOUVER/CKNW(AM980)
Brett Mineer Email news tips to Brett
April 7 2011
Since CKNW broke the story, WorkSafeBC has been unwilling, or unable to comment on the case because of privacy legislation that protects the rights of Bob Fawcett, the manager at Howling Dog Tours of Whistler at the time of the killings in April 2010.
In a claim for compensation for post traumatic stress disorder filed in May 2010, Fawcett told an adjuster that he had been ordered by his employer, Outdoor Adventures Whistler, to downsize Howling Dog's herd by approximately 30%, or 70 dogs, and was suffering from stress as a result.
As a wave of public anger over the killings spread across the country, then around the world, WorkSafeBC completed an extensive internal review that eventually formed the majority of a 29 page submission to the Sled Dog Task Force.
A copy obtained by CKNW contains answers to lingering questions about why the crown corporation never notified authorities about the killings despite two dealings with Fawcett, the first in May 2010, the second in an appeal filed in August.
The documents say Fawcett's initial claim didn't contain any of the gruesome details about the manner in which the dogs were killed, but also notes adjudication staff immediately took note the number of dogs killed "seemed unusual".
Staff sought opinions on whether sled dog culling was an industry practice, and if it was legal.
When they confirmed it was, Fawcett's claim no longer met the legal test for a compensable workplace injury and his claim was denied by late July.
In August, Fawcett's lawyer Corey D. Steinberg, filed a request for a review of the decision.
Details of the gruesome stabbing, slashing and shooting deaths of dozens of dogs were included this time.
Because the issue of sled dog industry culls had already been examined in Fawcett's original claim, the nature of the killings themselves doesn't seem to have raised any alarm.
The only explanation offered up by WorkSafeBC is found in one of the four recommendations submitted to the Sled Dog Task Force where it is plainly stated, "Not all government agencies are familiar with or knowledgeable about the legislation that governs the prevention of cruelty to animals".
WorkSafeBC recommends the development of an educational program for agency and government staff regarding the indicators of cruelty to animals.
It is now clear that had it not been for a leak in late January to CKNW of the WorkSafeBC appeal decision, details of the alleged slaughter would never have come to light.
There would have been no public outrage, no criminal investigation, no creation by then Premier Gordon Campbell of a Sled Dog Task Force, and no potential changes to animal cruelty legislation.
WorkSafeBC's submission to the task force includes details about their intent to keep the case secret, because they were gagged by a legal opinion relating to the Freedom of Information and Protection of Privacy Act.
Fawcett won compensation for his post traumatic stress disorder on appeal.
According to the documents, the review decision was forwarded to WorkSafeBC management January 19th, with a recommendation not to publish it (as is standard practice) on the corporation's website.
By January 21st, a management committee in the Review Division had taken the view that the information in the decision could identify Fawcett and breach their obligation to maintain his right to privacy.
This despite the fact the decision was heavily redacted and didn't contain Fawcett's name, the company he worked for or its parent company.
Bob Fawcett's lawyer was mailed the decision awarding compensation January 25th.
WorkSafeBC's Chief Review Officer "sent a high level advisory" to the Senior Vice President and other divisional managers advising them the decision would not be published.
The WorkSafeBC internal review claims that within 48-72 hours, the decision was leaked to the media "when the entire decision was sent out to a media site from a business fax in Pemberton".
The report by CKNW ran the morning of February 1st.