Part Nine: Closing Submissions: Affected Families; "Psycho-Social Risk Factors" Alleged To Have Improperly Affected Dr. Smith's Opinions;

EXAMPLES CAN BE FOUND IN MANY OF THE CASES WHICH ARE BEFORE THE INQUIRY IN THE “CLINICO-PATHOLOGICAL CORRELATIONS” FOUND ON THE HSC (HOSPITAL FOR SICK CHILDREN) GENERATED AUTOPSY FORM; IN COMMENTS MADE TO POLICE OFFICERS AND INVESTIGATORS, IN TESTIMONY BEFORE THE COURT; AND IN GENERAL EDUCATION PROVIDED BY DR. SMITH TO POLICE OFFICERS, CROWN ATTORNEYS, CORONERS, AND JUDGES, BASED ON THE “EXPERIENCE” OF HSC.

FROM CLOSING SUBMISSIONS: THE AFFECTED FAMILIES GROUP:

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This Blog is currently looking at the closing written submissions filed by various parties appearing at the Goudge Inquiry which is expected to report on September 30, 2008.

The current focus is on the submissions filed by the "Affected Families Group" - a group of families who were directly affected by the systemic failings which occurred in pediatric forensic pathology in Ontario between 1991 and 2001;

The Group is represented by lawyers Peter Wardle (Wardle, Daley, Bernstein) and Julie M. Kirkpatrick;

Today's focus is on the section in which the Group alleges that Dr. Smith's opinions were influenced by "psycho-social risk factors relating to the parent or caregiver involved in many of the cases being reviewed by the Inquiry;

"According to Dr. Huyer, in the hospital and medical setting, “we are the helpers and the healers, and we have a significant power in that," the section begins;”

At times, said Dr. Huyer, perhaps “we feel we are very powerful and feel that we are – well, very powerful in that area and – probably the most knowing about that particular problem," it continues;

"According to Dr. Driver, the psycho-social assessment employed by the SCAN team in their child abuse investigations was intended to look at “high-risk factors” which were identified in the literature as including the parents’ background, whether it was a family that was isolated, whether there were financial problems, and other “stress factors” at play.

Both Dr. Driver and Dr. Huyer testified that this tool was used and considered extensively by the SCAN team throughout this period.

Indeed in Dr. Huyer’s report in the Kenneth case, he states: “Other concerns suggestive of non-accidental injury are the continued supervision order maintained by the CAS”. (Children's Aid Society);

In his evidence, Dr. Huyer acknowledged that his was written at the time in order to “bolster” his diagnosis of child abuse.

There can be no doubt that Dr. Smith was influenced by this philosophy in his conclusions regarding cause of death in pediatric cases.

Examples can be found in many of the cases which are before the Inquiry in the “clinico-pathological correlations” found on the HSC generated autopsy form; in comments made to police officers and investigators, in testimony before the court; and in general education provided by Dr. Smith to police officers, Crown Attorneys, coroners, and judges, based on the “experience” of HSC. (Hospital for Sick Children);

For example:

“The mother is married but does not officially live with her husband in order that she collect welfare.”

“[A CAS worker from Durham CAS noted that…] they need evidence to prove this was dirty.”

“…the CAS had been contacted but the family allegedly refused assistance.”

“…the mother initially indicated that the family dog (a pit bull) was covered in ketchup, but later blamed Sharon’s death on dog bites.”

“Tyrell’s father is the legal guardian but is in jail, having killed a by-stander during a shoot-out.”

“Nelson (who married Kenneth’s mother about three months ago) is not Kenneth’s father. He was not present at the time because he was at Scarborough hospital attending to his girlfriend who was giving birth to his baby.”

“the mother, however, denied him access and indicated that she would kill her daughter before allowing him access.”

“Sudden death of baby while family was involved in “‘cult-like activities’”

“in what are called the poison hours and you have a situation in where you have a tired or a crying infant who is tired because they haven't gone down for their afternoon nap or they may be irritable for whatever reason, fussy and then you have the care-giver who is usually isolated, so there is no one else around.”

“the real issue in this case is that the mother left home 8-9 hours prior to the child’s death…she was to come back within the hour, but came back 8 or 9 hours later.”

“? Hooker”;

Given the institutional relationship between the OPFPU (Ontario Pediatric Forensic Pathology Unit), the HSC Scan Team, and OCCO (Ontario Chief Coroner's Office), as outlined above, it is no surprise to see “psycho-social” factors figuring prominently in Dr. Smith’s approach."

Harold Levy...hlevy15@gmail.com;