Part Three: Closing Submissions: Miscarriages of Justice And Ontario's Child Welfare System;

"CHALLENGES EXIST BECAUSE OF THE LACK OF RESOURCES AND PRESTIGE YET THE EFFECTS OF A MISCARRIAGE OF JUSTICE IN A CHILD PROTECTION PROCEEDING ARE UNIMAGINABLE."

LAWYER SUZAN FRASER IN HER CLOSING SUBMISSIONS TO THE GOUDGE INQUIRY ON BEHALF OF DEFENCE FOR CHILDREN INTERNATIONAL CANADA.

During the course of the Goudge Inquiry I have been stunned by the collateral damage caused by child protection authorities with respect to siblings when a parent is wrongly accused of murdering a child.

In most cases the damage happened at the outset - long before any conviction - while the accused parent was supposed to be presumed innocent.

We heard stories of children being seized from their still grieving parents and placed under the care and protection of a Children's Aid Society.

We heard stories of children baby's taken away from their loving mothers at birth and placed with strangers.

We heard about children who were ultimately put up for adoption into other families -the parents may never get them back.

Lawyer Suzan Fraser, who represents "Defence For Children International Canada" has done an excellent job at the Inquiry of reminding us that miscarriages of justice are not limited to the cases of wrongly convicted accused person;

Fraser reminds us in her closing submissions that Ontario's child welfare system is prone to miscarriages of justice too.

"The child welfare system has always been a poor cousin to the criminal justice system with fewer resources and less prestige than the criminal justice system," says Fraser.

"Challenges exist because of the lack of resources and prestige yet the effects of a miscarriage of justice in a child protection proceeding are unimaginable."

Yes, "unimaginable" is a very strong word.

But how else can you describe the horror experienced not only by the wrongly accused parent - but that experienced as well by the sibling that is being torn away from his or her parent in the circumstances;

Fraser also does a public service by pointing out that tunnel vision also contributes to miscarriages of justice in the child welfare system as she submits that "the need to guard against tunnel vision is as important in child welfare investigations as in criminal proceedings."

She also cautions that "social workers are slow to revise their judgments" - an apparent reference to Dr. Charles Smith who proved to be most reluctant to change an opinion once formed.

"Social workers need a greater acceptance of their fallibility and a willingness to consider that the judgements and decisions are wrong," Fraser adds.

"To change your mind in the light of new information is a sign of good practice, a sign of strength not weakness."

Fraser would like to see Justice Goudge make several recommendations aimed at preventing miscarriages of justice in the province's child welfare system, including:

0: Funding for counsel in child welfare proceedings;
0: Development and support of effective legal advocates for both parent and child in the child welfare proceeding through access to education initiatives;
0: Access to defence pathologists;
0: Funding for expert reports; and
0: Guarding against tunnel vision and confirmation bias.

Justice Goudge would do well to heed Fraser's advice.

Next posting: Part Four: Closing Submissions: And what about the children who were permanently given away?

Harold Levy...hlevy15@gmail.com;