Tuesday, December 2, 2008


Specifics of the Ontario government's response are laid out in a press release issued earlier today;

"Ontario is further responding to the Goudge Report by establishing a
review team for "shaken baby" death cases and a committee to consider issues
of compensation related to Dr. Charles Smith's work," the release begins;
A team of legal experts will provide legal advice on the viability of a
potential compensation process arising from the work of Dr. Charles Smith:
- The Honourable Coulter Osborne, former Associate Chief Justice of
Ontario and former Integrity Commissioner - as lead,
- Bonnie Tough, a Law Society bencher and senior private sector
litigator with notable experience in compensation issues, and
- Michele Smith, Counsel, Crown Law Office Civil," the release continues;

"A team of medical and legal experts will review criminal convictions
involving "shaken baby" death cases:
- The Honourable Justice Donald A. Ebbs of the Ontario Court of Justice
and former Associate Chief Justice of Ontario - as lead,
- Dr. Michael Pollanen, Ontario's Chief Forensic Pathologist,
- Dr. Dirk Huyer, Regional Supervising Coroner,
- Marie Henein, Senior Defence Counsel, and
- Mary Nethery, Senior Crown Attorney and Director of Justice

The Ministry of the Attorney General has begun and will continue to work
with all justice system participants to expedite cases where an injustice is


"Justice Goudge has given us an excellent roadmap for progress, and we are following it so that Ontarians who may have been affected by these terrible human tragedies can find the justice they deserve," said Attorney General Chris Bentley. "We will take every opportunity to ensure that justice is done."

"In keeping with our commitment to the people of Ontario, we are responding to Justice Goudge's recommendations in an expeditious manner," said Community Safety and Correctional Services Minister Rick Bartolucci. "Last month our government announced legislation to strengthen Ontario's death investigation system. Today we are taking another step to ensure confidence in the system and correct past injustices."

"I am honoured to have been named by the Attorney General to lead this important review into shaken baby deaths," said Justice Ebbs. "Our task begins with an examination of the work the Ministry of the Attorney General has already begun, so that we can begin reviewing cases as soon as possible."

"I look forward to providing the Attorney General with timely, appropriate advice to address the issue of compensation arising from Dr. Smith's work," said Mr. Osborne. "My fellow committee members and I will get on with the important work at hand as quickly as possible."


- There were approximately 142 pediatric death cases between 1986-2006
involving "shaken baby syndrome" or other diagnoses relating to
pediatric head injuries. Not all of those cases resulted in criminal

- The advice that the compensation framework team will provide to the
Attorney General will be solicitor-client privileged.


Learn more about Ontario's proposed legislation (http://webx.newswire.ca/click/?id=5539067873e54a4) to strengthen the death investigation system."

Harold Levy...hlevy15@gmail.com;