COUNTDOWN: 1 DAY TO GO; GLOBE AND MAIL SET-UP STORY; MASSIVE RESTRUCTURING OF ENTIRE PEDIATRIC DEATH INVESTIGATION SYSTEM IN ONTARIO ANTICIPATED;

"THIS IS A UNIQUE OPPORTUNITY FOR THE ADMINISTRATION OF JUSTICE," FRANK ADDARIO, PRESIDENT OF THE CRIMINAL LAWYERS ASSOCIATION, SAID IN AN INTERVIEW. "USUALLY, A WRONGFUL CONVICTION INQUIRY INVOLVES EXTRAPOLATING FROM A SINGLE EVENT TO PERCEIVED SYSTEMIC FAILURE. HERE, WE HAVE NUMEROUS PROVEN EXAMPLES OF WRONGFUL CONVICTIONS. THE COMMISSIONER CAN SPEAK AUTHORITATIVELY ABOUT WHAT WENT WRONG AND HOW TO FIX IT."

FRANK ADDARIO: PRESIDENT; CRIMINAL LAWYERS ASSOCIATION;

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A common theme of some of the lawyers who participated in the Goudge Inquiry is that Justice Goudge is going to overhaul Ontario's system for investigating pediatric deaths.

Their views appear in a story by Justice Reporter Kirk Makin, headed, "Major overhaul of pediatric-death investigations likely to be recommended, insiders say."

(My only quibble is that some editor threw in the caption "Charles Smith Autopsy Scandal." The word "Scandal" diminishes the tragic dimensions of this breakdown in our system of criminal justice);

"A report delving into a string of wrongful murder charges and convictions caused by pathology errors is expected to urge a major restructuring of the entire system of pediatric death investigations when it is released on Wednesday," the story, published September 29, begins.

"Lawyers familiar with the inquiry - some of whom spoke on the condition of anonymity - anticipate that inquiry commissioner Mr. Justice Stephen Goudge will recommend," the story continues.

"The establishment of accredited forensic pathology programs in Canadian universities.

A substantial hike in salaries for forensic pathologists aimed at ending a long-standing problem of filling vacancies.

The creation of a powerful oversight committee to provide independent review of the problem-plagued Office of the Chief Coroner of Ontario.

Stringent policies about the wording forensic pathologists may use to express findings of potential wrongdoing, in hopes of reducing conjecture.

Combining enhanced legal aid fees with new procedures in the chief coroner's office to ensure that defence lawyers have access to top pathologists.

Redistributing power in the chief coroner's office to give the chief forensic pathologist a far greater role in decision-making.

"This is a unique opportunity for the administration of justice," Frank Addario, president of the Criminal Lawyers Association, said in an interview. "Usually, a wrongful conviction inquiry involves extrapolating from a single event to perceived systemic failure. Here, we have numerous proven examples of wrongful convictions. The commissioner can speak authoritatively about what went wrong and how to fix it."

Peter Wardle, a lawyer for several of those wrongly convicted based on evidence from forensic pathologist Charles Smith, said the Ontario government will have a tough time ignoring Judge Goudge's recommendations.

"There has been enough public attention that it is a political issue," Mr. Wardle said. "I think you'll see a fairly swift response. If Justice Goudge says that we need x-million dollars to hire the right people and reinvigorate the Coroner's Office, then the government isn't going to have a lot of choice."

Launched after a shadow of doubt was cast across 20 cases in which Dr. Smith played a key role, the inquiry will likely point toward his supervisors - chief coroner James Young and deputy chief coroner James Cairns.

Judge Goudge cannot infer potential civil or criminal liability on anyone's part, but that does not mean that he won't point out their shortcomings.

"I believe that the commissioner will want to make it clear that the problems did not start and stop with Dr. Smith, but began with poor oversight and direction from those running the Coroner's Office," Mr. Wardle remarked.

Typically, the art of conducting an inquiry includes crafting recommendations that hint toward conclusions that a commissioner is not technically permitted to reach.

For the Goudge commission, one of those issues will be compensating those who were wrongly convicted or pleaded guilty to crimes they did not commit to avoid a harsh prison sentence. Judge Goudge cannot award compensation, but he can nudge the province in that direction.

"The public, I think, understands that these individuals shouldn't have to chase Dr. Smith and others through private lawsuits for years and years," Mr. Wardle said.

For most of the protagonists, the inquiry report represents the end of a long and harrowing road. However, that may not be the case for Dr. Smith.

Lawsuits launched by the victims of wrongful convictions have targeted him personally, as well as the government. They are expected to proceed to trial, unless the government negotiates a compensation settlement that includes dropping them.

As far as professional discipline is concerned, most observers believe that the College of Physicians and Surgeons of Ontario will move quickly against Dr. Smith, potentially going as far as to remove his licence to practise.

"It's almost inevitable that there will be further college proceedings involving Dr. Smith given the evidence that emerged at the inquiry," Mr. Wardle said.

On the other hand, making criminal charges stick would be a dicey proposition. The Crown would be required to show that his errors were more than a result of carelessness or reckless overconfidence, but instead showed signs of criminal intent."

Harld Levy...hlevy15@gmai.com;