"BUT IT ALSO SEEMS UNFAIR THAT DR. SMITH WILL LIKELY SAIL INTO THE SUNSET WITHOUT ANY PERSONAL ACCOUNTABILITY WHILE THE INNOCENT CAREGIVERS, AND THE PARENTS, WHO FOUND THEMSELVES BRANDED AS MURDERERS OF THEIR OWN CHILDREN AND LOST THEIR FREEDOM AND REPUTATIONS AS A RESULT OF THE HARSH ACCOUNTABILITY HE THRUST ON THEM, ARE STILL STRUGGLING TO GET THEIR LIVES TOGETHER;"
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Over the many years in which I have been reporting on the havoc caused within Ontario's criminal justice system by Dr. Charles Smith the question I have been asked most is whether he will ever be brought to account in the criminal courts;
I have been asked this question recently as we near today's anniversary of the Goudge Inquiry report which was formally dated September 30, 2008;
Here is my email response to one of my colleagues:
"I would have thought that a period of six months would have been sufficient to complete a thorough investigation - to determine if there is a reasonable possibility of a conviction. I therefore suspect there will be no criminal charges - and therefore no criminal accountability for Dr. Smith. (Although I would love to be proven wrong;)
I am sure that there have been very thorough investigations by the authorities with every "I" dotted and every "T" crossed.
I only wish that the people charged criminally - and ultimately wrongly convicted and put through hell as a result of Dr. Smith's flawed opinions - would have received the same consideration."
The police undoubtedly have reasonable explanations including the passage of time, the legal prohibition against using his evidence from the Goudge Inquiry against him in a criminal court, and rigorous proof requirements;
But it also seems unfair that Dr. Smith will likely sail into the sunset without any personal accountability while the innocent caregivers, and the parents, who found themselves branded as murderers of their own children and lost their freedom and reputations as a result of the harsh accountability he thrust on them, are still struggling to get their lives together;
Six months later, it is also worth noting that there has been dead silence from the Ontario College of Physicians and Surgeons which, following delivery of the Goudge Inquiry report, had publicly announced that it would be conducting an investigation into Dr. Smith's professional misconduct.
This must be particularly galling to Dr. Smith's victims in light of the College's apparent protection of Dr. Smith in the past - at a time when it had the opportunity to impose significant sanctions that would protect the public.
Although the numerous civil lawsuits against Dr. Smith could result in judgements, I doubt if this will be seen as personal accountability by Dr. Smith's victims, as his legal fees are presumably being paid by his medical insurers - as will be any judgments that follow;
Governments will undoubtedly boast about positive steps that are in the process of being undertaken in the aftermath of the Goudge Inquiry to prevent future such debacles in our criminal justice system;
But this should not divert our attention from the abject failure to bring Dr. Smith personally to account for his actions.
How just is that?
Harold Levy...hlevy15@gmail.com;
