Motherisk: "Total and Unquestioned Reliance on Science with Dire Consequences". The Charles Smith debacle in Ontario is cited in an excellent post by law student Pamela Stephenson, published by "AIDWYC' - The association in defence of the wrongfully convicted. "The blind acceptance of the results of the analyses and the expert evidence provided in court by the “experienced” doctors at Motherisk is troubling. Similar to Charles Smith’s involvement in many criminal cases and the subsequent wrongful convictions that ensued as a result of the criminal justice system’s blind acceptance of “reputable and experienced” doctors, the consequences of faulty science and expert testimony that have arisen via Motherisk, makes one wonder how many individuals have been wrongfully convicted."..."The Charles Smith fiasco was an eye-opener for those in the criminal justice system. It is sad that another science-based mistake has occurred. Hopefully, the review of the Motherisk program will cause the parties in the justice system to take a pause and question science." (Must Read. HL);

Author: Pamela Stephenson Welch H.B.Sc, Osgoode Hall Law School Student: From her post, called ""Total and Unquestioned Reliance on Science with Dire Consequences".  "An innocent person was convicted of a heinous crime he did not commit. Science helped convict him. Justice Fred Kaufman (Retired Quebec Appeal Court Justice). The words of Justice Fred Kaufman, written in the wake of Guy Paul Morin‘s wrongful conviction and exoneration, ring true for the countless men and women who have been confined to prison on the basis of science. They too ring true for the men and women whose lives have been impacted by the unquestioned reliance on the science behind the Motherisk Program. Motherisk is a program that has been run out of Sick Kids Hospital for many years. Outside of its research projects, the focus of Motherisk was to test hair for drug and alcohol. The results of those analyses have been used as evidence in child protection and criminal cases in at least five provinces and one territory, including Ontario. What should have been a cause of concern is the fact that Motherisk is an accredited clinical lab and NOT a forensic lab. What this means, is that Motherisk was not subjected to vigorous requirements and oversight, an extra precaution that would have been able to detect the faulty science behind the program.........A look at the Experts – Implications for wrongful convictions;  The blind acceptance of the results of the analyses and the expert evidence provided in court by the “experienced” doctors at Motherisk is troubling. Similar to Charles Smith’s involvement in many criminal cases and the subsequent wrongful convictions that ensued as a result of the criminal justice system’s blind acceptance of “reputable and experienced” doctors, the consequences of faulty science and expert testimony that have arisen via Motherisk, makes one wonder how many individuals have been wrongfully convicted. Joey Gareri and Gideon Koren:  Joey Gareri is the Motherisk manager who has been called as an expert witness in an unknown number of criminal matters. Gareri’s resume is quite impressive, with many published articles to his name and expert testimony provided in criminal courts in Ontario. Gideon Koren is the Motherisk director who has also been called as an expert witness in an unknown number of criminal matters. Koren’s resume is 147 pages long. He has published over 1400 peer-reviewed papers in the area of pediatric pharmacology. At the preliminary inquiry in R v Broomfield, Gareri was called as an expert witness by the Crown. However, he failed to shed light on the fact that Motherisk Labs was not a forensic laboratory. In addition, he did not make clear to the judge that the testing that was used by the lab is a presumptive test and required additional testing to ensure accuracy. What are the implications of testimony from such highly respected and educated individuals? How many plea deals have been finalized based on the results of the Motherisk program? This is a case of déjà vu, reminiscent of the Charles Smith fiasco where innocent people such as Richard Brant, pled guilty to a crime that he did not commit, because going up against the leading pediatric forensic pathologist would likely result in a fifteen year prison sentence. Did similar plea deals occur when accused persons were faced with the possibility of expert testimony from Koren or Gareri? Too often, the public (including judges and lawyers) view experienced doctors with rose-colored glasses; all too ready to accept everything that is stated in the name of science. As is evidenced by the Motherisk program, faulty science dressed up as trustworthy and accurate can have devastating effects. Status of the review:  To date, the Ontario Government is welcoming submissions from the public on any matters within the mandate of the Review, including any relevant supporting documents, by September 11, 2015.  It is expected that a report will be delivered to the Attorney General on December 15, 2015.  The Charles Smith fiasco was an eye-opener for those in the criminal justice system. It is sad that another science-based mistake has occurred. Hopefully, the review of the Motherisk program will cause the parties in the justice system to take a pause and question science."
http://www.aidwyc.org/motherisk-blog/