Part Four: Closing Submissions: The Government Is Responsible For Destroying The Families; It Must Try To Repair The Damage;

"WE HAVE A MORAL OBLIGATION TO THE CHILDREN WHO MAY HAVE BEEN WRONGLY SEPARATED FROM THEIR PARENTS AS A RESULT OF THE OPINIONS OF DR. SMITH AND DR. CAIRNS.

TO ABDICATE OUR RESPONSIBILITIES IN RESPECT OF THOSE PEOPLE WOULD BE IRRESPONSIBLE AND IMMORAL AND ARGUABLY IN BREACH OF THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD SUCH THAT “THIS MUST BE DONE;"

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"DR. SMITH IN HIS EVIDENCE SUGGESTED THAT THERE MAY BE THREE TO FOUR OTHER CASES WHERE HE GAVE EVIDENCE THAT WERE NOT THE SUBJECT OF CRIMINAL PROCEEDINGS BUT WERE THE SUBJECT OF CHILD PROTECTION PROCEEDINGS.

GIVEN THE FRAILTIES OF DR. SMITH’S CREDIBILITY AND HIS HISTORY OF PROVIDING UNTRUE INFORMATION UNDER OATH, DEFENCE FOR CHILDREN INTERNATIONAL SUBMITS THAT THERE MUST BE A SYSTEMATIC REVIEW OF HIS WORK TO IDENTIFY CASES IN WHICH HIS OPINION MAY HAVE AFFECTED THE OUTCOME OF A CHILD PROTECTION PROCEEDING."

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LAWYER SUZAN FRASER: CLOSING SUBMISSIONS;
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The Goudge Inquiry has heard disturbing evidence about surviving children who have wrongfully been removed from their families as a result of Dr. Charles Smith's flawed opinions.

One of the toughest challenges will be to identify these children in the context of both criminal and child welfare proceedings.

Lawyer Suzan Fraser argues in her closing submissions on behalf of "Defence For Children International Canada" that, "we have a moral obligation to the children who may have been wrongly separated from their parents as a result of the opinions of Dr. Smith and Dr. Cairns."

"To abdicate our responsibilities in respect of those people would be irresponsible and immoral and arguably in breach of the United Nations Convention on the Rights of the Child such that “this must be done,” Fraser continues.

Defence For Children International accepts this position and submits that in order for confidence to be restored in pediatric forensic pathology, the Government must create a way to right a wrong.

Dr. Smith, through this inquiry, agreed to cooperate by identifying circumstances in which he gave evidence.

Dr. Smith in his evidence suggested that there may be three to four other cases where he gave evidence that were not the subject of criminal proceedings but were the subject of child protection proceedings.

Given the frailties of Dr. Smith’s credibility and his history of providing untrue information under oath, Defence For Children International submits that there must be a systematic review of his work to identify cases in which his opinion may have affected the outcome of a child protection proceeding.

At the child protection roundtable, (held by the Goudge Inquiry) Professor Bala proposed that legislation be enacted to provide for the identification of children who may have been affected by Dr. Smith’s work and the disclosure of that information to them."

Fraser,who advocates that corrective measures be advanced under a regulatory framework rather than waiting for legislative reform, says the identification process will be difficult because there are 53 different children’s aid societies.

She wants wants Justice Goudge to recommend the appointment of a task force which has the power and resources to identify the cases, review the pathology, notify the children and families involved,and then attempt to mediate s solution which is in the child's interest.

This appears to be an extremely difficult but manageable task if the government admits its responsibility for the mess and determines to rectify it.

Innocent parents would not have had their children seized from them - and children would not have gone through the horror and disruption of being taken away from their families without the intervention of government agents including police, prosecutors, social workers and children's aid officials in these cases;

This Blogster suspects that the Ontario government will be reluctant to undertake such a difficult and costly task.

I hope Justice Goudge will use his moral authority - having heard all of the disturbing evidence about destroyed families - to embarrass the government into taking prompt action.

Harold Levy...hlevy15@gmail.com;