"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."
COMMUNITY SAFETY AND CORRECTIONAL SERVICES MINISTER RICK BARTOLUCCI; (ONTARIO GOVERNMENT PRESS RELEASE; 2 DECEMBER 2008); ONTARIO GOVERNMENT PHOTO; PREMIER DALTON MCgUINTY; (lEFT) MINISTER BARTOLUCCI (RIGHT);
-------------------------------------------------------------------------------
"I LOOK FORWARD TO PROVIDING THE ATTORNEY GENERAL WITH TIMELY, APPROPRIATE ADVICE TO ADDRESS THE ISSUE OF COMPENSATION ARISING FROM DR. SMITH'S WORK. MY FELLOW COMMITTEE MEMBERS AND I WILL GET ON WITH THE IMPORTANT WORK AT HAND AS QUICKLY AS POSSIBLE."
JUSTICE COULTER OSBORNE; HEAD OF COMMITTEE ASKED TO PROPOSE COMPENSATION FRAMEWORK;
-------------------------------------------------------------------------------
Globe and Mail Justice Reporter Kirk Makin wrote yesterday about the Ontario government's shameful failure to make timely compensation to Dr. Charles Smith's victims;
The delay is shameful for several reasons;
First, the Ontario government is responsible for the administration of justice (and therefore injustice);
Secondly, it was the province's prosecutor's who wielded the criminal law against Dr. Smith's victims;
Third, it was the province's senior officials in the Chief Coroner's office who failed to supervise Dr. Smith - and to reign him in.
In a press release dated December 2, 2008 the McGuinty government announced that its response to the recommendations set out in the Goudge report included the establishment of "a committee to consider issues of compensation related to Dr. Charles Smith's work."
The release announced that: "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."
It said the Committee would be composed of:
"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 contained top-level assurances, that compensation, along with action on other key Goudge recommendations would be provided expeditiously.
Just for one: "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," the press release states;
"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."
Here's another:
Justice Coulter Osborne, head of the Committee: "I look forward to providing the Attorney General with timely, appropriate advice to address the issue of compensation arising from Dr. Smith's work."
Mr. Osborne went on to say: "My fellow committee members and I will get on with the important work at hand as quickly as possible."
It is important to note that Justice Osborne and his Committee were not charged with the time-consuming job of fixing compensation in individual cases; All they were asked to do was "provide legal advice on the viability of a potential compensation process."
In short, all they had to do was to propose a system for awarding compensation in individual cases to the government - and that shouldn't have taken many months;
To be fair to the McGuinty Government, the Charles Smith debacle did not happen on it's watch.
Moreover, the Premier McGuinty acted promptly to establish an Inquiry into pediatric forensic pathology in the province, gave it teeth, and made an excellent appointment in Ontario Court of Appeal Justice Steven Goudge;
Unfortunately, Mr. McGuinty's minister's seem more adapt at making promises in press releases than following through with timely actions - now that Charles Smith is no longer in the daily headlines;
The message to Dr. Charles Smith's victims is that the government responsible for their wrecked lives and wrongful convictions is indifferent to their plight - other than to issue misleading press releases from time to time;
Perhaps it's time for Mr McGuinty to get the message to Bartolucci and his bureaucrats that he expects them to prove to the public - and especially the victims of Dr. Smith and Ontario's criminal justice system - that they take the need to compensate the victim's generously - and will waste no more time getting an expeditious compensation system in place;
Harold Levy...hlevy15@gmail.com;
