New Brunswick virtual health-care service violating Official Languages Act: report

FREDERICTON — New Brunswick’s virtual health-care service is violating provincial law by failing to consistently provide services in French, the province’s official languages commissioner says.

Shirley MacLean issued two investigation reports this week based on complaints received about eVisitNB Inc., saying its lack of service could have “dangerous consequences” for those being denied medical and mental-health consultations in the language of their choice.

MacLean issued a statement Wednesday saying she received seven complaints about deficiencies in eVisitNB’s French-language services between October 2022 and February 2023, and a subsequent complaint led to a second investigation report. 

Among the seven people who filed the initial complaints under the Official Languages Act, none was able to access the services requested.

“We are increasingly reliant on technology as part of our daily lives, and it is essential that the language rights of all New Brunswickers be given first consideration when new systems are implemented,” the commissioner’s statement says.

“Many New Brunswickers use this system to access primary health care, and my office continues to receive complaints about eVisitNB to this day.”

The provincial government says eVisitNB provided about 280,000 virtual visits to New Brunswickers in the 2023-24 fiscal year. 

MacLean’s report includes a statement from eVisitNB that points to a problem that can occur after users register for a virtual appointment. All patients are initially asked to select their preferred language, but if they fail to do so, “they could be paired with a provider who may only speak English.”

The company behind eVisitNB is a Toronto-based firm known as Maple, which provides online medical services across Canada. On Friday, Maple issued a statement confirming the discovery of a technical error that required users to manually change their language settings to receive care in their preferred language.

“We have worked diligently to resolve the issue, and it has already been fixed for any new registering users,” Maple’s statement says.

“We have proactively reached out to registered patients we believe have incorrect language settings to provide support and ensure they receive a provider to fit their language preferences. We regret this technical error and apologize for any inconvenience this has caused to our patients and providers.”

In 1969, the provincial Official Languages Act made New Brunswick the only officially bilingual province in Canada. The act guarantees that a long list of New Brunswick institutions, including government departments and third parties, must provide services in French and English. 

“The inability to access adequate health-care services in the official language of choice is more than a simple denial of legislated rights,” MacLean said. “It may lead to misunderstandings on the part of either patient or provider that may in turn lead to dire or dangerous consequences.” 

MacLean’s report also cites complaints from French-speaking clients who noted that when French services were available, the quality was often poor. As well, an automated message warns all users that selecting a language other than English “may increase the waiting time.”

MacLean’s report says that in most cases, the complainants submitted requests in French and, after waiting a certain amount of time, received the following message in English: “Unfortunately, I am not able to understand your request well enough to provide treatment.” 

The commissioner is recommending the department instruct eVisitNB to change its website and online app to ensure that all users “are not prejudiced in any way by their choice of language.”

In an emailed statement, provincial Health Department spokesperson Sean Hatchard said the department has investigated each complaint and implemented several of the commissioner’s recommendations.

“(The department) will continue working with the contractor to implement the remaining recommendations,” Hatchard said. “The department has worked with the vendor to ensure it has staffing capacity in both official languages for each shift.” 

Hatchard said if a patient is using a mobile device, the eVisitNB site can detect the device’s language setting. As a result, patients are being encouraged to select their preferred language in their device settings before they log on to the eVisitNB website or app.

This report by The Canadian Press was first published May 3, 2024.

— By Michael MacDonald in Halifax.

The Canadian Press