Response To Globe And Mail Editorial: "What Exactly Can Judge Goudge Do?"

"JUDGE GOUDGE HAS BEEN ASKED TO IMPROVE THE SYSTEM THAT SCRUTINIZES CHILD DEATHS FOR THE LEGAL SYSTEM. BUT GIVEN THE SCALE OF THESE INJUSTICES IS THAT ENOUGH?"

GLOBE AND MAIL: 13 NOVEMBER, 2007:

Judge Goudge has been asked to improve the system that scrutinizes child deaths for the legal system. But given the scale of these injustices, is that enough?"

The editorial in today's Globe rightly points out that Justice Steven Goudge is constrained from reporting on individual cases, "that are, have been or may be subjected to a criminal investigation or proceeding."

This bloggist was originally concerned that this restriction would tie Justice Goudge's hand so he could not do the job.

But I no longer share this concern for several reasons.

First, having followed Justice Goudge's career for many years I do not believe that he would have taken on the Inquiry unless he believed that he was capable of fulfilling his mandate.

Secondly, the Commission is working under the principle that the only way it can fulfil its mandate of making recommendations to overhaul the province's badly broken system of pediatric forensic pathology is to get to the heart of all of the cases and ascertain where the system has broken down.

To that end the Commission staff have already reviewed hundreds of thousands of documents - many of which relate to the individual cases - of 135,000 have been collected and scanned into the Commission's database.

Some of the people whose cases are being reviewed have told me that they are struck by the extent of the documentation of their cases - and that the Commission staff has produced documentation which they and their lawyers have hitherto been unable to obtain.

I am also picking up a common perception that the Commission staff have been acting fearlessly in their quest for information relative to their mandate - regardless where that information may lead.

"Judge Goudge has been asked to improve the system that scrutinizes child deaths for the legal system. But given the scale of these injustices, is that enough?," asks the Globe.

Yes, I must answer. It is enough.

At least, that's enough to ask of Justice Goudge and his staff in the time allotted for the Inquiry - and that is an immense and worthy task in itself.

But other hugely important tasks that remain which are beyond the Goudge Inquiry's mandate.

For one, there is the question of compensation for the people so affected by Dr. Smith's opinions.

One can only hope that the masses of troubling information that the Inquiry is unearthing will encourage the Ontario government to make generous and timely compensation to the many people and their families it failed to protect from the ravages of Dr. Smith and the other people in the system who let them down.

For another, Dr. Smith is still a member of the medical colleges in Ontario and Saskatchewan - and only these Colleges can determine if the already thoroughly disgraced Dr. Smith is fit to remain as a physician.

Lastly, it's up to the courts - not Justice Goudge - to sort out the mess created by Dr. Smith, reverse wrongful convictions, and take the load off people who have been cast as pariahS as a result of Dr. Smith's now acknowledged "mistakes."

Harold Levy;