"THE PREMIER, HOWEVER, DEFENDED THE EMBATTLED CABINET MEMBER. HE SAID WISEMAN HAD WRONGFULLY TAKEN THE BLAME FOR THE ERRONEOUS LABORATORY TESTS. TRANSFERRING WISEMAN TO ANOTHER AGENCY WOULD PROVIDE HIM SOME RELIEF AND REMOVE HIM FROM THE PUBLIC HEALTH SECTOR."
AHN;
-------------------------------------------------------------------------------
All Headline News reports that Newfoundland and Labrador Health Minister Ross Wiseman has been removed from his post;
The flawed pathological tests conducted in hospitals in Newfoundland, Quebec and several other part of Canada are a reminder that serious problems in Canada's pathology system are not confined to the criminal justice sector;
"Newfoundland and Labrador Health Minister Ross Wiseman was removed Thursday from his post by Premier Danny WIlliams and given another assignment to head the Ministry of Business. Wiseman was replaced by Paul Oram," the AHN news report, issued earlier today, begins;
"The move, part of Williams' ongoing cabinet shake-up, is seen as a result of heavy criticism hurled on Wiseman over botched breast cancer test of thousands of Newfoundland women from 1997 to 2005," the report continues under the heading, "Newfoundland Removes Health Minister Criticized For Botched Breast Cancer Tests."
"The premier, however, defended the embattled cabinet member. He said Wiseman had wrongfully taken the blame for the erroneous laboratory tests. Transferring Wiseman to another agency would provide him some relief and remove him from the public health sector.
Williams, said in a statement, "I would like to welcome these minister to their new portfolios and wish them well as they take on these new challenges.... I want to thank both Ministers Wiseman and Oram for their outstanding work in their previous departments and I look forward to their continued contributions individually as ministers and collectively around the Cabinet table."
Before Wiseman's transfer, Williams replaced the Eastern Health chief executive officer who was also implicated in the controversial breast cancer tests.
Meanwhile, Quebec which also recently had a breast cancer test problem, will make the first batch of 630 residents go through a retesting to check if the medicine Herceptin could help them. The order for retesting came from provincial Health Minister Yves Bolduc.
The 630 women are part of the 2,730 who will repeat their breast cancer tests. The women are from Montreal, Monteregie and Laval."
Harold Levy...hlevy15@gmail.com
Friday, July 10, 2009
Thursday, July 9, 2009
GUELPH MERCURY EDITORIAL RAISES GOOD QUESTION: WHY WAS OTTAWA'S CONTRIBUTION TO STEVEN TRUSCOTT'S WRONGFUL CONVICTION COMPENSATION AWARD KEPT SECRET?
"THIS REMAINS A SENSITIVE POLITICAL FILE. THAT WOULD SEEM TO BE THE ONLY REASON WHY THE FEDERAL GOVERNMENT WOULD SEEK TO SETTLE THIS QUIETLY. IT WOULD ALSO SEEM TO BE THE REASON THAT THE ONTARIO PROVINCIAL POLICE SEEM UNWILLING TO EITHER APOLOGIZE TO TRUSCOTT, COMMENT ON WHAT WORK IT EVER DID ON OTHER SUSPECTS, OR ADMIT THAT IT BOTCHED THIS INVESTIGATION."
EDITORIAL: THE GUELPH MERCURY;
-------------------------------------------------------------------------------
Background: The Steven Truscott case is one of the most horrifying miscarriages of justice in Canadian history;
By way of brief Wikipedia introduction for those unfamiliar with the case - in which the fact that the pathologist who conducted the autopsy had changed his opinion as to the time of death was not disclosed to the defence:
"Steven Murray Truscott (born January 18, 1945 in Vancouver, British Columbia) is a Canadian man who was sentenced to death in 1959, when he was a 14-year old student, for the alleged murder of classmate Lynne Harper. His death sentence was commuted to life imprisonment, and he continued to maintain his innocence until 2007, when his conviction was declared a miscarriage of justice and he was formally acquitted of the crime.
On July 7, 2008, the government of Ontario awarded him $6.50 million in compensation.[1]
Truscott was scheduled to be hanged on December 8, 1959; however, a temporary reprieve on November 20, 1959 postponed his execution to February 16, 1960 to allow for an appeal. On January 22, 1960, his death sentence was commuted to life imprisonment.
Truscott was the youngest person to be sentenced to death in Canada, and his case gave major impetus toward the abolition of the death penalty in Canada.
On November 29, 2001, Truscott filed a section 690 Criminal Code application for a review of his 1959 murder conviction. Hearings in a review of the Truscott case were heard at the Ontario Court of Appeal.
On August 28, 2007, after review of nearly 250 fresh pieces of evidence, the court declared that Truscott's conviction had been a miscarriage of justice. As he was not declared factually innocent, a new trial could have been ordered, but this was a practical impossibility given the passage of time. Accordingly, the court acquitted Truscott of the murder."
-------------------------------------------------------------------------------
The Guelph Mercury raises this question today in an editorial which runs under the heading: "Payout to Truscott was oddly handled";
"The federal government should be commended for paying half of the compensation award issued to Steven Truscott over his wrongful 1959 murder conviction and the woeful odyssey that flowed from it," the editorial begins;
"It's disappointing, however, that it took Ottawa as long as it did to provide its financial share on this matter -- regardless of the fact that it didn't result in a delay in the funds paid to Truscott," the editorial continues;
"Shameful is that this step also came without bringing public attention to it. In being done covertly, it happened without the federal government formally taking responsibility for its role in this miscarriage of justice and in Truscott's profound suffering as a result.
Ottawa owns a measure of this sorry case. It also owes an apology to Truscott, his family, and to the relatives of Lynne Harper -- the 12-year-old Clinton girl he was so long alleged to have murdered.
This remains a sensitive political file. That would seem to be the only reason why the federal government would seek to settle this quietly. It would also seem to be the reason that the Ontario Provincial Police seem unwilling to either apologize to Truscott, comment on what work it ever did on other suspects, or admit that it botched this investigation.
Retired Ontario judge Sydney Robins studied the Truscott case for the province and the issue of compensating him prior to the province doing so -- for the $6.5 million Robins recommended.
His 57-page report is a thorough and powerful commentary on the justice system failures in the case, provincially and federally. It also shed light on harm caused to Truscott through that process that had only been previously hinted at.
It also liberally employed "innocent" as a word that should be applied to Truscott.
A year ago this week, the province made public it agreed with Robins and needed to compensate Truscott. It did so prominently and publicly.
It's startling the federal government opted for a quieter course."
Harold Levy...hlevy15@gmail.com;
Wednesday, July 8, 2009
OTTAWA SHARED RESPONSIBILTY FOR $6.5 MILLION COMPENSATION AWARDED TO STEVEN TRUSCOTT; GUELPH MERCURY REPORTS;
"WOLCH NOTED TRUSCOTT'S EXECUTION ORDER WOULD HAVE BEEN ADMINISTERED BY THE FEDERAL GOVERNMENT, AS WAS THE COMMUTATION SEVERAL MONTHS LATER TO LIFE IN PRISON. AS WELL THE FEDERAL GOVERNMENT, THROUGH THE SUPREME COURT, DENIED TRUSCOTT'S 1966 BID TO GET A NEW TRIAL."
REPORTER SCOTT TRACEY: THE GUELPH MERCURY;
-------------------------------------------------------------------------------
The Steven Truscott case is one of the most horrifying miscarriages of justice in Canadian history;
By way of brief Wikipedia introduction for those unfamiliar with the case - in which the fact that the pathologist who conducted the autopsy had changed his opinion as to the time of death was not disclosed to the defence:
"Steven Murray Truscott (born January 18, 1945 in Vancouver, British Columbia) is a Canadian man who was sentenced to death in 1959, when he was a 14-year old student, for the alleged murder of classmate Lynne Harper. His death sentence was commuted to life imprisonment, and he continued to maintain his innocence until 2007, when his conviction was declared a miscarriage of justice and he was formally acquitted of the crime.
On July 7, 2008, the government of Ontario awarded him $6.50 million in compensation.[1]
Truscott was scheduled to be hanged on December 8, 1959; however, a temporary reprieve on November 20, 1959 postponed his execution to February 16, 1960 to allow for an appeal. On January 22, 1960, his death sentence was commuted to life imprisonment.
Truscott was the youngest person to be sentenced to death in Canada, and his case gave major impetus toward the abolition of the death penalty in Canada.
On November 29, 2001, Truscott filed a section 690 Criminal Code application for a review of his 1959 murder conviction. Hearings in a review of the Truscott case were heard at the Ontario Court of Appeal.
On August 28, 2007, after review of nearly 250 fresh pieces of evidence, the court declared that Truscott's conviction had been a miscarriage of justice. As he was not declared factually innocent, a new trial could have been ordered, but this was a practical impossibility given the passage of time. Accordingly, the court acquitted Truscott of the murder."
Although Truscott has been vindicated by the Ontario Court of Appeal - and has received his compensation from the Ontario Government - it was not publicly known until today that the federal government - which would have executed the teenager - has contributed 50% of the compensation;
"The federal government has reimbursed the province for half of the more than $6 million wrongful conviction award given last year to Steven Truscott," the story, by reporter Scott Tracey, begins, under the heading: "Feds pay their share: Ontario reimbursed for half of the $6.5M awarded to Truscott as compensation for wrongful conviction in 1959 death."
"Brendan Crawley, a spokesperson for Ontario's Ministry of the Attorney General, said yesterday the feds earlier this year paid Ontario "for half of the total compensation, so it was split 50-50," the story continues;
One year ago yesterday, Attorney-General Chris Bentley announced the province would pay Truscott $6.5 million -- and his wife Marlene another $100,000 -- in compensation for Truscott's wrongful conviction in the 1959 death of his schoolmate near Clinton, Ont.
The announcement followed advice given by retired judge Sydney Robins, who had been retained by the province following Truscott's exoneration by the Ontario Court of Appeal in August 2007, to examine the compensation issue. In his 57-page report, Robins recommended the federal government cover half the costs.
"In the present case . . . I believe that the cost of this miscarriage of justice should be shared equally by each level of government," Robins wrote. "Both governments have been involved in this matter virtually since its inception in 1959 and I can see no reason why they should not share equally the costs of the compensation payable to Mr. Truscott and his wife."
Yesterday, Truscott lawyer Hersh Wolch said the feds' willingness to cover half of the award should not be seen as an admission of wrongdoing on the part of the government of Canada, though the legal team believes the federal government bore much of the responsibility for Truscott's conviction and difficulty in clearing his name.
"Obviously, they have responsibility," Wolch said. "We've always felt the federal government shared in the responsibility."
Wolch noted Truscott's execution order would have been administered by the federal government, as was the commutation several months later to life in prison. As well the federal government, through the Supreme Court, denied Truscott's 1966 bid to get a new trial.
As well, six of the 10 years Truscott was behind bars -- after his 18th birthday -- were spent in federal prisons, where he was "treated" with LSD and sodium Pentothal in a failed effort to get him to confess to killing 12-year-old Lynne Harper.
Wolch noted the federal government typically does contribute to wrongful conviction awards, but he said those amounts are generally negotiated between the levels of government and lawyers for the wrongly-convicted do not get involved.
"From our point of view, as long as the compensation comes in the proper amount we're done with it," Wolch said.
The Truscotts, who moved outside of Guelph after the compensation announcement, have avoided the spotlight for the past year.
In an email to supporters last weekend, they wrote that their youngest son Devon was recently married by the same minister who married Steve and Marlene nearly 40 years ago and that their fourth grandchild was born earlier this year.
The couple plan to do some travelling, including a trip to eastern Canada this fall.
In October, Marlene will resume work on a book about their lives.
Harold Levy...hlevy15@gmail.com
Monday, July 6, 2009
JURYGATE: FOLLOW-UP; BRITISH COLUMBIA; LAWYERS PROVIDED INSURANCE CLAIMS HISTORY FROM COMPANY; (ICBC); B.C. PRIVACY COMMISSIONER LAUNCHES PROBE;
"THE CASE IS STRIKINGLY DIFFERENT FROM OTHER RECENT PRIVACY BREACHES, OF WHICH THERE HAVE BEEN MANY IN B.C. IN AN ANNUAL REPORT LAST SUMMER, COMMISSIONER LOUKIDELIS NOTED 96 INVESTIGATIONS OF PRIVACY BREACHES, ALMOST TRIPLE THE NUMBER FROM THREE YEARS EARLIER. LOUKIDELIS SAID THE CONSTANT THEME OF THE BREACHES WAS EMPLOYEE ERROR.
HOWEVER, THE ICBC CASES GO WELL BEYOND SIMPLE MISTAKES OR CARELESSNESS. SO FAR, THEY APPEAR TO INVOLVE CONSCIOUS, DELIBERATE ATTEMPTS TO VIOLATE JURORS’ PRIVACY TO SERVE THE CORPORATION’S OWN ENDS."
FAZILA NURANI; THE LAW TIMES;
-------------------------------------------------------------------------------
Background: In a previous post I asked: "Why didn't Ontario prosecutors examine Dr. Charles Smith's qualifications a bit more closely over the years, pay more attention to court decisions suggesting he was biased towards the Crown and that that his opinions were seriously flawed - or at least share the existence of these decisions with the defence?"
My answer was that some prosecutors cared more about winning the case than the possibility that an innocent person might be convicted;
I buttressed my response with the story recently broken by the National Post that prosecutors in several parts of Ontario have been asking police to do secret background checks on jurors.
This controversy has lead to numerous requests for mistrials and could result in a bids to open numerous cases where accused persons have been convicted in the shadow of the illegal practice which taints a criminal jury trial from the outset.
The Charles Smith Blog is very much concerned with the question as to how far prosecutors will go to win the case and is therefore monitoring developments on a regular basis;
The B.C. situation is presented as a curious off-shoot of illegal jury-vetting (in the context of the civil justice system) which also raises the unacceptable notion of victory at any cost.
-------------------------------------------------------------------------------
The Law Times reports that British Columbia's Information and Privacy Commissioner is reviewing the privacy breaches committed by the Insurance Corporation of British Columbia;
The story, by Fazila Nurani, runs under the heading "Dealing with juror privacy breaches," in the July 10, 2009 issue.
(This is not the only situation in which a provincial Privacy Commissioner is probing alleged illegal jury-vetting in Canada; Ontario's Privacy Commissioner is probing allegations that prosecutors in Windsor, Barrie, North Bay and Toronto asked the police to provide them with information on potential jurors in criminal cases);
"The Insurance Corporation of British Columbia (ICBC) is facing an audit after admitting that lawyers working for the Crown company obtained the insurance claims histories of jurors in at least three separate ICBC court cases," the story begins;
"The audit will be conducted by the B.C. Information and Privacy Commissioner, David Loukidelis," the story continues;
"The ICBC recently admitted that one of its employees improperly obtained the claims histories of members of a jury, and now the company says there were two earlier instances of similar conduct. The ICBC says the disclosure of the information was absolutely wrong and has taken several steps to address the issue, in addition to asking for the audit.
The incident has set off alarm bells at the corporation, in the government, in the judiciary and at the Law Society of British Columbia as a seemingly egregious violation of the jurors’ privacy.
The case is strikingly different from other recent privacy breaches, of which there have been many in B.C. In an annual report last summer, Commissioner Loukidelis noted 96 investigations of privacy breaches, almost triple the number from three years earlier. Loukidelis said the constant theme of the breaches was employee error.
However, the ICBC cases go well beyond simple mistakes or carelessness. So far, they appear to involve conscious, deliberate attempts to violate jurors’ privacy to serve the corporation’s own ends.
The incident came to light on April 30, the fourth day of a civil trial. Victoria lawyer Kathleen Birney, who was hired by the ICBC to represent the defendants, informed Justice Malcolm Macaulay that a settlement had been reached. She went on to say that when the jury was picked, her office sent the jurors’ names to an ICBC adjuster and asked for information on their claims histories. Birney received information that one juror had an open claim with ICBC and another had a previous claim.
Macaulay demanded an explanation as to why the claim history of jurors was improperly disclosed during the two lawsuits. Macaulay said he was concerned about trial fairness, given that the plaintiff did not have the same information as the defence and the jury did not know defence had looked at their personal information. If the plaintiff had called for a mistrial, Macaulay said he likely would have granted one. He further stated that the B.C. Bar may need to consider whether changes to the rules are needed to ensure fairness to all parties.
The president and CEO of the ICBC has said that the actions taken by the defence counsel were contrary to the ICBC’s policy and code of ethics. The disclosures also violated the B.C. Freedom of Information and Protection of Privacy Act (FIPPA). There are certainly rules restricting who has access to the personal information stored in large government and quasi-government databases. However, as electronic information banks proliferate and search engines become more sophisticated, it’s becoming harder to guard against their improper use.
The threat clearly comes not only from information leaking outside the agency or accessed by government departments that don’t have a right to it, but from misuse by staff. Educating staff about the sanctity of private information, along with regular auditing, random checks and the threat of severe penalties to those who violate the rules help to protect people’s privacy.
As always, the principal deterrent is the risk of being caught. It’s just as easy to track and monitor access abuse as it is to abuse one’s access rights. Audit functions that can reveal who accessed what information and when are simple to build into databases.
Loukidelis’s audit of the insurance corporation’s data management is expected to be completed by mid-October. The audit will focus on court proceedings involving juries since the B.C. FIPPA was introduced."
The Law Times indicates that: "Fazila Nurani is the president of PrivaTech Consulting. She is a privacy lawyer and information management consultant, as well as a certified information privacy professional. She advises organizations in a wide range of industries on privacy best practices, compliance with data protection laws and managing information security risks."
Harold Levy...hlevy15@gmail.com;
Saturday, July 4, 2009
EDITORIAL: COMPENSATION AND ONTARIO GOVERNMENT'S MESSAGE OF INDIFFERENCE TO VICTIMS OF DR. CHARLES SMITH AND THE PROVINCE'S CRIMINAL JUSTICE SYSTEM;
"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;
NOT EVEN "A WHISPER" OF COMPENSATION YET FOR CHARLES SMITH'S VICTIMS, GLOBE AND MAIL REPORTS;
"IN HIS 1,000-PAGE REPORT, MR. JUSTICE STEPHEN GOUDGE CONCLUDED THAT DR. SMITH WAS AN ARROGANT, UNQUALIFIED PATHOLOGIST WHOSE BIASED, INCONSISTENT AND UNPROFESSIONAL TESTIMONY PRECIPITATED A STRING OF WRONGFUL MURDER CHARGES AND CONVICTIONS.
HE ALSO SINGLED OUT THE PROVINCE FOR BLAME, SAYING THAT TOP OFFICIALS IN THE OFFICE OF THE CHIEF CORONER DEVELOPED A “SYMBIOTIC RELATIONSHIP” WITH DR. SMITH THAT LED THEM TO SHIELD HIM FOR YEARS FROM THE SCRUTINY HE SO DESPERATELY REQUIRED."
REPORTER KIRK MAKIN; GLOBE AND MAIL; PHOTO OF LOUISE REYNOLDS: JOHN MORSTAD; GLOBE AND MAIL;
-------------------------------------------------------------------------------
The Globe and Mail reports on the Ontario government's failure to provide prompt compensation to the innocent persons who were wrongly convicted of horrific crimes as a result of the flawed opinions of Dr. Charles Smith, in a story which runs today under the heading: "For victims, Ontario pathology scandal lives on," and the sub-heading:"Eight months after the inquiry, those charged or convicted on erroneous evidence from Charles Smith still await compensation."
The story is by Justice Reporter Kirk Makin who reported the Goudge Inquiry for the Globe and Mail. Makin is no stranger to miscarriages of justice: He is the author of "Redrum the Innocent" (Viking)" - a brilliant account of Guy Paul Morin's wrongful conviction and ultimate vindication through DNA.
A cut-line under the photo of Louise Reynolds reads: "Louise Reynolds, wrongly jailed for the murder of her daughter, says many pathology scandal victims won't find closure without compensation."
"Eight months after ending in a shower of praise and legislative reform, the inquiry into Ontario's forensic pathology scandal is a memory to all but the victims, who have yet to hear a whisper about compensation," the story begins;
"For many of the up to 20 individuals who were charged or convicted on erroneous evidence from disgraced pathologist Charles Smith, the pathology scandal remains very much alive," it continues.
“For a lot of people, it is never going to be over until they are compensated and the government has said that these people were wronged, and now we are compensating them,” said Louise Reynolds, who was wrongly jailed for two years for the murder of her daughter, Sharon, in 1977.
“I personally don't have any trust in government,” Ms. Reynolds said. “It's taking so long that I am concerned there is not going to be any compensation.”
Sherry Sherret-Robinson, who was convicted of killing her child in 1996, said she is “dumbfounded” by the delay. “We hear so many different things, and it affects our lives,” she said.
Ms. Sherret-Robinson, who is awaiting an Ontario Court of Appeal review of her conviction, defaulted on her student loans while she was fighting her murder charge. As a result, she said, she cannot get any more loans to resume her education.
“I have to sit here and try and make ends meet,” she said. “One thing I have learned: You can't trust the government on anything.”
In his 1,000-page report, Mr. Justice Stephen Goudge concluded that Dr. Smith was an arrogant, unqualified pathologist whose biased, inconsistent and unprofessional testimony precipitated a string of wrongful murder charges and convictions.
He also singled out the province for blame, saying that top officials in the Office of the Chief Coroner developed a “symbiotic relationship” with Dr. Smith that led them to shield him for years from the scrutiny he so desperately required.
Judge Goudge recommended that Ontario look into providing swift redress for people who, “through no fault of their own ... suffered tragic and devastating consequences.”
Ontario Attorney-General Chris Bentley raised the victims' hopes on Oct. 1, 2008, when he announced that a three-person committee headed by former associate chief justice of Ontario Coulter Osborne would recommend a fair compensation system, “as expeditiously as they can.”
Brendan Crawley, a spokesman for the Ministry of the Attorney-General, said that the committee is still “considering the issues before providing their confidential legal advice to the minister.
“No deadline has been set, but they are being thorough in their review while treating the matter with urgency,” Mr. Crawley said in an interview. “After the minister receives the advice of the committee, he will make a decision on next steps.”
Peter Wardle, a lawyer who represents several of the victims, praised the province for speedily amending the forensic autopsy system. However, he said, “it shouldn't take that long for the government to at least take the first step toward dealing with the people whose tragedies gave rise to the calling of the inquiry in the first place.”
Maurice Gagnon, the father of another victim, Lianne Thibault, said that the province may think that, by delaying, “the public memory will be dimmed and they can get away with more.”
Mr. Gagnon, 71, said that he and his wife have waited 12 years to recoup at least some of the $237,000 in retirement savings that they plowed into defending their daughter.
“If they wait long enough, I'm going to die and I'll never be able to enjoy my retirement,” he said. “The delay becomes inordinate. Our plans have been irreparably altered because of this. And my daughter, too. Psychologically and emotionally, you never get over it.”
While Ms. Thibault, 35, was never charged, she lost custody of one of her children during a sustained police investigation precipitated by Dr. Smith's conclusion that her 11-month old, Nicholas, had died from a non-accidental bump to his head.
COST OF WRITING A WRONG
A sample of compensation payments made to the wrongly convicted, and the time they served:
Donald Marshall, 11 years for murder, $1.6-million;
Guy Paul Marin, 18 months for murder, $1.25-million;
David Milgaard, 23 years for murder, $10-million;
Michael McTaggert, 20 months for bank robbery, $380,000;
Thomas Sophonow, 45 months for murder, $2.6-million;
Steven Truscott, 10 years for murder, $6.5-million.
Harold Levy...hlevy15@gmail.com;
Friday, July 3, 2009
JURYGATE; UP-DATE; PRIVACY COMMISSION EXPANDS INDEPENDENT INQUIRY INTO JURY VETTING; ATTORNEY-GENERAL MAY AMEND JURORS ACT;
"THE PROVINCIAL MINISTRY OF THE ATTORNEY-GENERAL SAID YESTERDAY IT IS FULLY COOPERATING WITH THE EXPANDED INVESTIGATION -- AND FOR THE FIRST TIME, SUGGESTED IT IS OPEN TO AMENDING THE JURIES ACT.
BRIAN BEAMISH, ASSISTANT PRIVACY COMMISSIONER, SAID THE AGENCY HOPES TO MEET WITH THE SENIOR CROWN ATTORNEY IN TORONTO NEXT WEEK. "WAS IT JUST THIS ONE CASE? WE WANT TO FIND OUT," HE SAID."
REPORTER SHANNON KARI: NATIONAL POST;
-------------------------------------------------------------------------------
Background: In a previous post I asked: "Why didn't Ontario prosecutors examine Dr. Charles Smith's qualifications a bit more closely over the years, pay more attention to court decisions suggesting he was biased towards the Crown and that that his opinions were seriously flawed - or at least share the existence of these decisions with the defence?"
My answer was that some prosecutors cared more about winning the case than the possibility that an innocent person might be convicted;
I buttressed my response with the story recently broken by the National Post that prosecutors in several parts of Ontario have been asking police to do secret background checks on jurors.
This controversy has lead to numerous requests for mistrials and could result in a bids to open numerous cases where accused persons have been convicted in the shadow of the illegal practice which taints a criminal jury trial from the outset.
The Charles Smith Blog is very much concerned with the question as to how far prosecutors will go to win the case and is therefore monitoring developments on a regular basis;
-------------------------------------------------------------------------------
The National Post has waded into Ontario's jurygate scandal once again with a story by reporter Shannon Kari published earlier in the National Post under the heading: Probe Probe expands on news Toronto jurors screened," and the sub-heading: At Least One Case; Vetted jury list had been shown to defence."
"The Ontario Privacy Commissioner is expanding an investigation into background checks of potential jurors after it was revealed this week that the practice also occurred in at least one case in Toronto," the story begins;
"It is the first time in Toronto that there has been a report of police probing the backgrounds of potential jurors, following revelations that it was common practice in at least two and maybe three other jurisdictions in the province," it continues;
"The provincial Ministry of the Attorney-General said yesterday it is fully cooperating with the expanded investigation -- and for the first time, suggested it is open to amending the Juries Act.
Brian Beamish, assistant privacy commissioner, said the agency hopes to meet with the senior Crown attorney in Toronto next week. "Was it just this one case? We want to find out," he said.
The background checks in Toronto came out in court on June 30 during a sentencing hearing for Jeffrey Tuck, who was convicted in March of second-degree murder in the stabbing of a student at a local nightclub.
At least a dozen of the 190 people on the jury lists had "contact with police" written next to their names, which were also highlighted.
The vetted lists were disclosed to the defence before jury selection, although the issue was not raised by Mr. Tuck's lawyer until the sentencing hearing.
Superior Court Justice Maureen Forestell declined to delve into the background checks since the jury had already reached a verdict. She stated it was now an issue for the Ontario Court of Appeal.
What remains unclear is what was meant by the term "contact with police" that was written on the lists.
"The Crown in this case was brought in from the Ottawa office to conduct this trial," said Brendan Crawley, spokesman for the Ministry of the Attorney-General.
"As a visiting Crown, he asked the police to do a criminal record check in accordance with the Crown policy manual. He also disclosed the results to the defence prior to jury selection as required by the manual. He does not request juror background checks in Ottawa," said Mr. Crawley.
"Requesting broad background checks is not the Crown practice in Toronto," he said.
Anyone convicted of an indictable criminal offence is not permitted to serve as a juror in Ontario. Potential jurors are required to fill out a questionnaire, but there are no provisions that permit the police or Crown to access confidential databases to verify whether those called to perform their civic duty are telling the truth.
The government has maintained that the Crown is within its rights to determine a potential juror's eligibility by conducting criminal record checks.
"The Attorney-General has indicated we will immediately look at all options, including amending the Juries Act, to ensure that the burden of upholding the Juries Act is not falling solely on Crowns," said Mr. Crawley. "This will ensure clear and transparent procedures for any jury eligibility check," he stated.
The privacy commission began its probe last month after it was disclosed that police used confidential databases in Barrie, Windsor and in at least one case in Thunder Bay, to check into the background of potential jurors. In Barrie and Windsor, the searches were conducted on behalf of the Crown and were much broader than criminal record checks. The information was not disclosed to the defence.
The privacy commission "has received full co-operation so far," from the Attorney-General in its investigation, said Mr. Beamish.
The agency has already met with the Crown and police in Barrie, Windsor and Thunder Bay and is hoping that by the end of this month, it will receive the results of a survey it sent to every Crown office in the province."
Harold Levy...hlevy15@gmail.com;
Subscribe to:
Posts (Atom)
