Friday, November 13, 2009

UP-DATE; ONE YEAR AFTER RELEASE OF GOUDGE REPORT; MAURICE GAGNON'S REQUEST FOR INFORMATION ON COMPENSATION MET BY WALL OF SILENCE FROM GOVERNMENT;



"WHILE THE PARTICULAR RECOMMENDATION ABOUT COMPENSATION MAY HAVE COME OUT OF THE GOUDGE INQUIRY, ADDRESSING THAT RECOMMENDATION IS AN UNDERTAKING OF THE MINISTRY OF THE ATTORNEY GENERAL. AS SUCH, I AM NOT IN A POSITION TO ADDRESS YOUR REQUEST. NEVERTHELESS, I HAVE TAKEN THE LIBERTY OF FORWARDING YOUR CORRESPONDENCE TO THE HONOURABLE CHRIS BRADLEY, ATTORNEY GENERAL, SO THAT HE MAY BE AWARE OF YOUR COMMENTS. I TRUST THE ATTORNEY GENERAL WILL GIVE CONSIDERATION TO THE CONCERNS YOU ADDRESS."

THE HONOURABLE RICK BARTOLUCCI; MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES (FORMERLY CALLED MINISTRY OF THE SOLICITOR GENERAL) IN LETTER TO MAURICE GAGNON;

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As noted in a recent post, Maurice Gagnon's requests to the Ontario government for information about the compensation process it has pledged to set up for Dr. Charles Smith's victims have been met by a wall of silence.

This must be particularly disturbing to Maurice Gagnon who fought for years to expose Dr. Smith's nefarious involvement in his daughter's case - and who was brushed off time after time by the Chief Coroner - and even the Solicitor General of the time.

As Commissioner Stephen Goudge noted in his report, after Maurice Gagnon filed a 20-page complaint against Smith with the Coroner's Council, "Indeed, there is no evidence that Dr. (James) Young (then Chief Coroner of Ontario) took any measures to investigate the details of Mr. Gagnon's concerns about Dr. Smith's practices in Nicholas' case."

(There was evidence that Dr. Young actively tried to thwart complaints that Mr. Gagnon and two other complainants had attempted to launch against Smith with the Ontario College of Physicians and Surgeons.)

Goudge also noted in his report that Maurice Gagnon's complaint about Smith to the Solicitor General - the same Ministry that has sluffed off his inquiries about compensation - was dismissed in a reply drafted by Young, who also held the position of assistant deputy minister of public safety.

Justice Goudge unequivocally ruled that: "The Solicitor General's response to Mr. Gagnon's complaint, drafted by Dr. Young, was substantively inaccurate."

And now the current "Solicitor General" has passed the buck on Maurice Gagnon's incredibly polite, measured and sincere inquiry about compensation to Attorney General Chris Bradley who has thus far remained silent - and Maurice Gagnon must indeed wonder if anything has changed in the year since Justice Goudge released his report.

Here is the correspondence between Maurice Gagnon and Rick Bartolucci, MPP Sudbury, who is head of the the renamed Ministry of the Solicitor General - Ministry of Community Safety and Correctional Services, commencing with Gagnon's letter dated 23 April, 2009,

"Dear Rick; RE: Goudge Inquiry Report/Compensation;

Ours is one the many families victimized by the reckless and malicious actions of pathologist Charles Smith and your Office of the Chief Coroner, in their investigation of pediatric deaths, including our Nicholas.

Judge Goudge presented his findings some seven (7) months ago. In keeping with an Inquiry recommendation, the Attorney General appointed a three person committee (December 2008), headed by retired Judge Coulter Osborne, to explore compensation for the acknowledged victims.

This initiative by the Government gave everyone a guarded sense of optimism that justice would finally be served. However, it has been over four months since this appointment, without a single word from the compensation committee or the AG. Optimism has been tempered with justifiable apprehension.

Could you provide an update on the status of the compensation committee’s work, when it may be reporting recommendations to the AG, and, finally, when can we (the victims) expect to be contacted, or at least apprised of a time frame for resolution.

Sincerely: Maurice Gagnon;


Here is Bartolucci's response to Maurice Gagnon, dated June 1, 2009:

"Response from Rick Bartolluci; MPP Sudbury Ministry of Correctional Safety and Community Services.

Dear Mr. Gagnon.

Thank you for your letter of April 23, 2009, requesting an update on the status of proposed compensation for families who were victimized as a result of the actions of Dr. Charles Smith. I am pleased to respond.

I appreciate your bringing this to my attention, however, as you state in your letter. the compensation package is being formulated by the committee appointed by the Attorney General. While the particular recommendation about compensation may have come out of the Goudge Inquiry, addressing that recommendation is an undertaking of the Ministry of the Attorney General. As such, I am not in a position to address your request. Nevertheless, I have taken the liberty of forwarding your correspondence to the Honourable Chris Bradley, Attorney General, so that he may be aware of your comments. I trust the Attorney General will give consideration to the concerns you address.

Again, thank you for writing; Sincerely. Rick Bartolucci;


Maurice Gagnon informed the writer earlier today that he has neither heard from Attorney General Bradley, or from Premier Dalton McGuinty, to whom he sent a similar letter.

Premier McGuinty has already played an important public role in coming to grips with the enormous mess left by Dr. Charles Smith and his superiors in the Coroner's Office by calling for the public inquiry and appointing Justice Goudge as Commissioner.

He can now perform another important role by intervening on behalf of Dr. Smith's many victims and ordering his ministers to commence the compensation process without delay - in a clear and public manner.

Harold Levy...hlevy15@gmail.com;