"MR. TED CHUDLEIGH: A YEAR AND A HALF ISN'T VERY FAST, MINISTER. BRENDA WAUDBY'S CHILD WAS MURDERED, AND FOR MANY YEARS SHE WAS FALSELY ACCUSED OF BEING RESPONSIBLE. HER NIGHTMARE CONTINUED FOR NINE WHOLE YEARS. RECENTLY, ONTARIO'S CRIMINAL INJURES COMPENSATION BOARD DENIED HER COMPENSATION, SO SHE TURNED TO YOU. YOU SHOULD HAVE HAD AN ANSWER.
MRS. WAUDBY'S LAWYER WROTE THAT IT SEEMS "ABSOLUTELY NOTHING HAS CHANGED FOR THOSE MOST DIRECTLY AFFECTED BY THE SIGNIFICANT SYSTEMIC FAILURES" THAT GOUDGE IDENTIFIED.
MINISTER, I CAN THINK OF NOTHING WORSE THAN LOSING A CHILD AND THEN BEING FALSELY ACCUSED OF HER MURDER. WHY IS MS. WAUDBY STILL WAITING?"
HANSARD:
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BACKGROUND: The Goudge Inquiry (Ontario) focused largely on the flawed work of Dr. Smith — formerly the province's chief pediatric pathologist — whose errors led to innocent people being branded as child murderers. The 1,000-page report by Justice Stephen Goudge slammed Dr. Smith, along with Ontario's former chief coroner and his deputy, for their roles in wrongful prosecutions and asked the province to consider compensation. The provincial coroner's office found evidence of errors in 20 of 45 autopsies Dr. Smith did over a 10-year period starting in the early 1990s. Thirteen resulted in criminal charges. William Mullins-Johnson, who was among those cases, spent 12 years in prison for the rape and murder of his four-year-old niece, whose death was later attributed to natural causes. In another case, Dr. Smith concluded a mother had stabbed her seven-year-old girl to death when it turned out to have been a dog mauling. The inquiry heard that Dr. Smith's failings included hanging on to crucial evidence, chronic tardiness, and the catastrophic misinterpretation of findings. The cases, along with other heart-rending stories of wrongful prosecutions based in part on Smith's testimony, also raised a host of issues about the pathology system and the reliance of the courts on expert evidence.
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PUBLISHER'S NOTE: It is encouraging to see Progressive Conservative MPP Ted Chudleigh doing his best in the legislature to pressure the McGuinty government to put into effect the long overdue compensation process for the all too many victims of Dr. Charles Smith and the Ontario Government. I hope that Mr. Chudleigh will keep up the momentum and that ordinary members of the public will join in and apply pressure of their by sending their views to Attorney General Chris Bentley at: Ministry of the Attorney General, McMurtry-Scott Building, 720 Bay Street, 11th Floor. Toronto, ON M7A 2S9. One question: Where is the NDP? (New Democratic party). The NDP pushed hard for a public inquiry into Dr. Charles Smith's cases and the failure of Ontario's criminal justice system to protect his victims. NDP MPP Peter Kormos eloquently laid the harm caused by Dr. Smith - and those who were protecting him - before the legislature. Its voice in this important debate - on hugely important principles - is sorely missed. But it is surely not too late.
Harold Levy.
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April 28, 2010 – Ontario Hansard
Mr. Ted Chudleigh: My question is to the Premier. In 2008, Justice Goudge released his final report on pediatric forensic pathology. Public confidence was shattered, Premier. The Attorney General promised to create a legal review team to examine over 142 criminal convictions from shaken-baby death cases resulting from Dr. Charles Smith's flawed reports.
More than a year later, there have been no answers. Premier, the Attorney General promised justice. This delay creates injustice. Why isn't the review of these shaken-baby death cases a priority with your Attorney General?
Hon. Dalton McGuinty: To the Minister of Community Safety and Correctional Services.
Hon. Rick Bartolucci: Thank you very much for the question. It is a very important question. It's also a very timely question.
Listen, we will tell you that in the justice ministries, we are very supportive of moving forward, and we are, in a very expeditious manner. We will continue to move forward clearly and carefully. Justice Goudge is very pleased with our implementation and the way we are rolling out his recommendations.
The Speaker (Hon. Steve Peters): Supplementary?
Mr. Ted Chudleigh: In 2008, the Attorney General also promised to create a legal review team to advise him on a compensation process for families affected by the work of Dr. Charles Smith. But again, over a year later, a Liberal promise has amounted to nothing.
Premier, families were torn apart by Dr. Charles Smith's flawed reports. Premier, for too long, these families have waited. I ask for them: When will they have answers?
Hon. Rick Bartolucci: The families are already getting answers, and the member across the way knows that.
We're implementing the recommendations of the Goudge inquiry. We're doing that in a very proactive but expeditious way. We will continue to do that.
I am proud of the changes we've made to the chief coroner's office. I am very proud of the changes we've made with regard to death investigation and oversight. I am very proud of those recommendations that we've put in place to develop a system so that history will not repeat itself.
He should be very proud, as we move forward, that the government of Ontario has listened carefully not only to the people of Ontario but also to Justice Goudge.
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May 3, 2010 – Ontario Hansard
Mr. Ted Chudleigh: My question is to the Attorney General. Last week, I asked about the status of the legal review and compensation committee you formed after the release of Justice Goudge's report. I was told that you're acting "expeditiously," but it has been a year and a half of silence. I wasn't told when victims will have answers.
Brenda Waudby was convicted of killing her daughter based on false evidence provided by Dr. Charles Smith. It took over two years for her child's babysitter to confess.
Minister, 12 wrongful convictions were identified as a result of Dr. Charles Smith's reports. Again, when will you have answers for Ms. Waudby and victims like her?
Hon. Christopher Bentley: Very, very important questions. There are two tracks that I want to speak to. First of all, with respect to those criminal cases-potential wrongful convictions-the crown has been moving very fast, very quickly, to expedite these to get into the court system. In fact, the crown has done everything possible to get these heard by the court as quickly as possible to make sure that any wrongful convictions are righted. That's one track.
Secondly, Justice Goudge recognized in the report that there were a lot of individuals who might have potential claims but they were all maybe at different stages, maybe different facts. So what he asked us to do was to see if we could come up with a compensation approach, which I will speak to in a few moments in the supplementary question, and we've been working to do that.
The Speaker (Hon. Steve Peters): Supplementary?
Mr. Ted Chudleigh: A year and a half isn't very fast, Minister. Brenda Waudby's child was murdered, and for many years she was falsely accused of being responsible. Her nightmare continued for nine whole years. Recently, Ontario's Criminal Injures Compensation Board denied her compensation, so she turned to you. You should have had an answer.
Mrs. Waudby's lawyer wrote that it seems "absolutely nothing has changed for those most directly affected by the significant systemic failures" that Goudge identified.
Minister, I can think of nothing worse than losing a child and then being falsely accused of her murder. Why is Ms. Waudby still waiting?
Hon. Christopher Bentley: Nor can I, nor can any of us. We cannot do anything to change those horrible circumstances, so we do whatever we can to try to get as close as possible.
The criminal system, as I said, is moving very quickly to right the wrongs. Just remember that there are different parties representing different ones of the accused. On the compensation side, Justice Goudge asked us to see if we could come up with a standardized approach so that those individuals wouldn't have to go into the traditional, often lengthy civil court process. I've been getting that legal advice. It is ongoing. I should be in a position to speak to that very soon. We have been working very hard on this to make sure that individuals who have been wronged-
The Speaker (Hon. Steve Peters): Thank you. New question.
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Harold Levy...hlevy15@gmail.com;