Thursday, November 12, 2009

UP-DATE: CHARLES SMITH; ONE YEAR LATER; WHERE IS THE PROMISED COMPENSATION? A SUDBURY FAMILY ASKS; ONTARIO GOVERNMENT PUT ON THE SPOT...

span style="font-style:italic;">

"GAGNON WROTE A LETTER TO THE GOVERNMENT BACK IN APRIL ASKING FOR AN UPDATE ON THE STATUS OF THE COMPENSATION COMMITTEE'S WORK.

HE WROTE THE FORMATION OF THE COMMITTEE "GAVE EVERYONE A GUARDED SENSE OF OPTIMISM THAT JUSTICE WOULD FINALLY BE SERVED."

HE ADDED, HOWEVER, THE LENGTH OF TIME THAT PASSED "WITHOUT A SINGLE WORD FROM THE COMPENSATION COMMITTEE OR THE ATTORNEY GENERAL" HAS CAUSED OPTIMISM TO BE "TEMPERED WITH JUSTIFIABLE APPREHENSION.""

REPORTER RACHEL PUNCH; SUDBURY STAR;

----------------------------------------------------------------------------------

"It has been almost a year since the province formed a committee to explore compensating innocent people wrongly accused and convicted in child deaths because of a pathologist's flawed work," the Sudbury Star story by reporter Rachel Punch begins, under the heading, "Still waiting for justice" and the sub-heading, "POLITICS: Family that helped expose pathologist Dr. Charles Smith wants word on compensation for victims Still waiting for justice."

"A Sudbury family pivotal in halting the career of Dr. Charles Smith is disappointed it is taking so long for the committee to do its work and for the government to act," the November, 7, 2009, story continues.

"Maurice Gagnon spent more than $237,000 -- his retirement savings -- to defend his daughter Lianne Thibeault, who was wrongly accused in 1995 of killing her infant son, Nicholas.

Thibeault's case was one of 20 child-death investigations Smith was found to have made mistakes in. A five-month judicial inquiry into the practice of pediatric forensic pathology was undertaken last year.

Justice Stephen Goudge, who presided over the inquiry, urged the province to see if a viable compensation process could be set up. The recommendation was made in Goudge's final report, released in October 2008.

In December 2008, the province formed a committee, led by former integrity commissioner Coulter Osborne, to consider the viability of a compensation process.

The committee has still not reported back to the Attorney General's office.

"We look forward to receiving the committee's advice as soon as possible so we can proceed in the fairest and fastest way possible," said Brendan Crawley, a spokesperson for the Ministry of the Attorney General, on Wednesday.

Gagnon wrote a letter to the government back in April asking for an update on the status of the compensation committee's work.

He wrote the formation of the committee "gave everyone a guarded sense of optimism that justice would finally be served."

He added, however, the length of time that passed "without a single word from the compensation committee or the Attorney General" has caused optimism to be "tempered with justifiable apprehension."

Gagnon received a response from Sudbury MPP Rick Bartolucci's office in June stating the letter had been forwarded to Attorney General Chris Bentley's office.

"I trust the Attorney General will give due consideration to the concerns you express," Bartolucci wrote.

Gagnon said Wednesday he had still not heard anything from the Attorney General's office.

Crawley would not comment on whether or not the office planned to respond to Gagnon.

"We treat incoming correspondence, and any responses, as confidential," Crawley said."


The story can be found at:

http://www.thesudburystar.com/ArticleDisplay.aspx?e=2162378

Harold Levy...hlevy15@gmail.com;