Thursday, September 4, 2008

COUNTDOWN: 27 DAYS TO GO;

Before embarking on the summer break I listed some of the following questions that lingered in my mind after the final witness to the Goudge Inquiry had been called, the final closing submissions had been delivered and there was nothing yet to be done except for Commissioner Goudge to issue his report;

"WHAT HAPPENED OVER THE YEARS? HOW COULD ONE PERSON HAVE BEEN RESPONSIBLE FOR SO MANY MISCARRIAGES OF JUSTICE HOW DID DR. SMITH GET TO ENJOY ALL THE POWER THAT HE DEMONSTRATED BOTH INSIDE AND OUTSIDE OF COURT? WHO DO WE BELIEVE? WHO DO WE DISBELIEVE? WHO DO WE TRUST? WHO DON'T WE TRUST? HAVE WE REGAINED CONFIDENCE IN THE CRIMINAL JUSTICE SYSTEM? WILL WE EVER? WHAT HAS TO HAPPEN BEFORE OUR CONFIDENCE IS RESTORED? WHAT CHANGES HAVE TO BE MADE IN OUR COURT SYSTEM TO PREVENT MORE INNOCENT PARENTS AND CAREGIVERS FROM BEING INVESTIGATED AND CHARGED WITH MURDERING CHILDREN? WHAT DID WE LEARN FROM GOUDGE? WAS IT WORTH IT? WHAT SHOULD HAPPEN NOW? HOW CAN WE COMPENSATE DR. SMITH'S WRONGLY CONVICTED VICTIMS? DO WE ACCEPT HIS EXCUSES? JUST ERRORS? JUST MISTAKES? NO INTENT TO HARM ANYONE? NO ONE TAUGHT HIM OTHERWISE? OTHER PATHOLOGISTS WOULD HAVE REACHED THE SAME CONCLUSIONS? THE STATE OF PATHOLOGY WAS AT FAULT - NOT HIM? OTHERS WERE AT FAULT FOR FAILING TO SUPERVISE HIM...

As October the 1st, the release date, draws near I plan to deal with some of these questions - and others raised by our readers - in more depth.

To begin with there is the matter of compensation to Dr. Smith's victims; Government lawyers have told Commissioner Goudge in no uncertain language that he must not raise the matter of compensation in any way, shape or form because it is not mentioned in Inquiry's terms of reference.

WHAT DO OUR READERS EXPECT OF JUSTICE GOUDGE ON THIS CRUCIAL ISSUE? CAN HE REMAIN SILENT ON THE NEED FOR THE ONTARIO GOVERNMENT TO QUICKLY ESTABLISH A PROCESS TO ADDRESS THE SUFFERING EXPERIENCED BY INNOCENT INDIVIDUALS TURNED INTO PARIAHS IN THEIR COMMUNITIES, ARRESTED, PUT ON TRIAL, IN SOME CASES SENT TO PRISON FOR THE MOST HEINOUS OF CRIMES, AFTER BEING INVESTIGATED OR CHARGED WITH MURDERING THEIR VERY OWN CHILDREN BY THE STATE'S AGENTS? CAN HIS INQUIRY RETAIN ITS MORAL INTEGRITY IF HE DOES NOT FIND SOME WAY TO ADDRESS THE NEED TO FOR THE GOVERNMENT TO QUICKLY FACILITATE GENEROUS COMPENSATION FOR THESE PEOPLE? HOW SHOULD THEY BE COMPENSATED?

Harold Levy...hlevy15@gmail.com;