eVisitNB commits 'serious breaches' of Official Languages Act, commissioner finds
CBC
New Brunswick's online health service eVisitNB has committed "serious breaches" of the Official Languages Act, and the Department of Health has failed in its duty to ensure its third-party provider meets its linguistic obligations, according to two new reports by the official languages commissioner.
Shirley MacLean investigated seven complaints, filed between October 2022 and February 2023, alleging deficiencies in French-language services on the eVisitNB platform and the Maple application provided by the private company eVisitNB Inc.
She found none of the complainants were able to receive the services they requested in French, the official language of their choice.
"One complainant, after asking twice to be served in French, ultimately decided to proceed in English. Two others, their consultation was ended … without notice. And some of them determined they had waited too long, they weren't feeling well enough to continue," said MacLean.
It's "extremely concerning," she said.
"Having service in the official language of one's choice is always important, but when we're talking about medical issues, we have to be particularly aware of the consequences that can result if that service is not available, or if in some way it's misconstrued."
She further noted several of the complainants were advised they would be unable to receive services through an English-only message: "Unfortunately, I am not able to understand your request well enough to provide treatment."
Her investigation also found problems with the quality of the French provided on the eVisitNB website and flagged an automated message that warns users who select French as language of choice that "deselecting English may increase the waiting time" and asking them if they are sure before continuing.
Francophones are receiving "a second-class service," said MacLean.
In response to the complaints that francophones received a message in English and their session was terminated, eVisitNB told MacLean's office patients cannot be transferred to another health-care provider who speaks their preferred language.
eVisitNB's policy is that health-care providers are supposed to send a message in the same language clients are attempting to access services, it said.
"The policy and process have been reviewed with all providers and disciplinary action could result from non-compliance, up to and including termination."
The Department of Health initally told MacLean's office it did not have access to the linguistic profile or other information related to the health-care professionals working for eVisitNB Inc.
It subsequently reported that eVisitNB has 26 bilingual nurse practitioners, with an average of 13 available online on any given day.
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