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NAPO National Anti-Poverty Organization ONAP Organisation Nationale anti-pauvreté
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Inquest
Update #4
Kimberly’s
Story
Articles Kimberly Rogers Public Interest Party Spokespeople Tragedy Highlights Increasing Criminalization of the PoorTake Action (NEW!)
RECOMMENDATIONS: T0:
The Government of Ontario - The Minister of Community, Family and
Children's Services 1.
The zero tolerance lifetime ineligibility for social assistance as a
result of the commission of welfare fraud, pursuant to Ontario Works Act, 1997,
O. Reg. 134/98 Section 36, should be eliminated. The temporary ineligibility in
the instance of offences that have occurred prior to April 1, 2000, should also
be eliminated. Rationale: Evidence
indicates that this would have a devastating and detrimental effect on our
society. To prevent anyone of having to go without food and/or shelter, to be
deemed homeless and therefore and most importantly, to prevent the death of
impoverished individuals. TO:
The Government of Ontario - The Minister of Community, Family and
Children's Services 2.
A provision should be added to the Ontario Works Act, permitting the
Local Ontario Works Administrator to exercise discretion in the use of any
suspension of Ontario Works benefits, in instances that could be life
threatening to the client and/or dependents. Rationale: Evidence
indicates that suspension of benefits is detrimental to the client and the
community. TO:
The Government of Ontario - The Minister of Corrections - Probation and
Parole 3.
When someone is serving a custodial sentence of house arrest, the
government should ensure that adequate housing, food and/or medication is
provided to the person. Rationale: An individual placed under house arrest, who is faced with a suspension
of Ontario Works benefits, and has no other financial resources, would find it
difficult to survive, and should not be dependent on Charitable Organizations. TO:
The Government of Ontario - The Minister of Community, Family and
Children's Services 4.
The Ministry of Community, Family and Children Services and the Ontario Works
Program should assess the adequacy of all social assistance rates. Allowances
for housing and basic needs, should be based on actual costs within a particular
community or region. In developing the allowance, data about the nutritional
food basket prepared annually by local health units, and the average rent data
prepared by the Canadian Mortgage and Housing Corporation should be considered. Rationale: To ensure that social assistance rates are adequate and
adjusted annually if necessary. TO:
The Government of Ontario - The Minister of Health The
College of Physicians and Surgeons 5.
Physicians should be educated on the potential risks of tri-cyclic
anti-depressants in the treatment of depression, and should be encouraged to use
the safer class of anti-depressants, such as Selective Serotonin Reuptake
Inhibitors (SSRI) as a first line drug therapy. Wherever appropriate, physicians
should encourage patients to access supportive counseling services in the
community. Rationale: To encourage the use of extreme
caution in the prescribing of medications. By encouraging the prescribing of a
less dangerous or lethal drug. TO: The Government of Ontario - The
Minister of Community, Family and Children's Services 6. Ontario Works should
continue its efforts to detect ineligibility or fraud at the earliest possible
time in order that corrective measures may be taken short of prosecution or
criminalization. Rationale: To
eliminate and/or reduce fraud convictions. TO:
The Government of Ontario - The Minister of Community, Family and
Children's Services 7.
A committee should be established by the local delivery agents for
Ontario Works under the auspices of the Ontario Municipal Social Services
Association composed of various stakeholders including representatives of the
Ministry of Community, Family & Children's Services, the Ontario Social
Safety Network and the Steering Committee on Social Assistance. This committee's
mandate would be to develop a model to be used throughout the province for the
assessment of whether cases involving allegations of welfare fraud should be
referred for prosecution. Such a model could be based on an enhanced version of
the Sudbury model and would include an evaluation of the life circumstance of
the recipient and the consequences of a conviction on both the recipient and/or
dependents. Rationale: There
should be a full appreciation of the person's life circumstances and the impact
of the consequences of a fraud conviction. During this inquest, it was noted,
that the various Organizations, including Charitable Organizations, assisted the
deceased prior to her death, therefore they should have an active voice in this
Committee. TO:
The Government of Ontario - The Minister of Community, Family and
Children's Services 8.
Ontario Works benefits for drug therapy for the treatment of medical
conditions that threaten life or cause serious symptoms should not be
discontinued during any Ontario Works suspension. Rationale: Evidence showed that discontinuation of drug therapy would be
life threatening. T0:
The Government of Ontario - The Minister of Health College
of Physicians and Surgeons 9.
Consideration should be given to the creation of a computer access
Internet program such as British Columbia's PharmaNet system. For example by
using a health card, that would permit pharmacies to access a patient's drug
dispensing records from other pharmacies, as well as to alert other pharmacies
of a patient's past attempts to utter forged prescriptions. Pharmacists should
be required to notify the prescribing physician of any attempts by the patient
to alter the prescription. Rationale: Evidence
showed that several different pharmacies were used to fill prescriptions. This
will give pharmacists a history of a patient's prescriptions. TO:
The Government of Ontario - The Minister of Education, Colleges &
Universities 10.
The Ontario Student Assistance Program (OSAP) should amend the application form
by highlighting the possibility of criminal prosecution, future ineligibility
and loss of loan forgiveness as a result of providing false declarations. Rationale: Evidences
showed that there was false declarations submitted repeatedly. TO:
The Government of Ontario - The Minister of Health College
of Physicians and Surgeons 11.
Physicians should be encouraged to write out prescriptions in both digits and
longhand to prevent modification of the quantity by patients, e.g. "40,
forty tablets". Rationale: Evidence
was introduced indicating possible quantity changes on the Physician's
prescription by the patient. This will
prevent a patient from changing the numerically written number. TO:
The Government of Ontario - The Minister of Health 12.
Health Canada and the publishers of the Compendium of Pharmaceuticals and
Specialties (CPS) should ensure that the information for both brand name drugs
and generic drugs reflect the same information. For example, the current
descriptive entries for Elavil (brand name) and Amitriptyline (generic name),
while the same pharmaceutical/medicine, are noticeably different with respect to
dosage for out-patients.
. Rationale: To provide doctors with accurate information in regards to
dosage and side effects. TO:
The Government of Ontario - The Minister of Corrections, Probation and
Parole 13.
When a person is subject to a conditional sentence, as part of the prisoner's
orientation, Probation and Parole should provide them with a written list of
community-based agencies which advocate on behalf of prisoners, together with
appropriate consent forms to permit information-sharing. Rationale: To
ensure the sharing of important information in regards to support services
available in the community. TO:
The Government of Ontario - The Minister of Attorney General The Government of Ontario - The Minister of Correctional
Services and Probation 14.
Ongoing professional training and development of materials should be provided to
all of those involved in the investigation, charging, prosecution, sentencing
and supervision in relation to all offences. Rationale: The evidence showed that the Crown
and Courts were unaware that upon conviction the accused would be subject to a
suspension of Ontario Works benefits.
the
Ontario Provincial Coroner’s Inquest into
the death of Kimberly Rogers is
scheduled to begin: Tuesday,
15 October 2002, in Sudbury, Ontario. For
information about this case, please view the text below. There
is no question about the historic and political significance of this inquest.
Everyone from activists, advocates, and front-line workers to low-income
people and their allies to students, academics, lawyers, judges to policy makers
and maybe even politicians – so many communities will be monitoring this
inquest with a keen eye. Issues
and recommendations emerging from this case are poised to have profound impact
on the struggle for strengthened social safety nets, on economic justice, on
public policy, on the anti-poverty movement.
How we challenge governments on a myriad of issues – the decimation of
income support programs, systemic obstacles to achieving economic and social
justice, federal abandonment of responsibility, flaws in conditional sentencing
schemes, the fallacy of welfare fraud – will be impacted by this case. Groups
around the country have taken on this case as a matter of paramount importance.
We all know that a tragedy like Kimberly’s in Sudbury is not one that
is unique to Ontario. We all know that those concerned about poverty in communities
across the country are affected. Issues
of geography and jurisdiction are of less and less relevance these days.
The death of Kimberly Rogers touches us all. The
National Anti-Poverty Organization (NAPO) is but one of several organizations
that will be participating at the inquest as an intervener.
We have been working in coalition with partners at the local level in
Sudbury, the provincial level, and at the national level, to prepare for the
inquest. This
is the first in a series of electronic communications – "INQUEST
INFORMATION” – we will be disseminating to all corners of the country to
keep you informed about the inquest. While
interveners in Sudbury are undertaking the legal work, we all have an equally
important role to play outside the courthouse.
There has been much media interest in this case – we know it will
continue. We
are pleased to keep you informed through the dispatch of media releases and
press statements issued by the groups working closely on this case.
We will send you sample letters to the editor, redi-print articles, and
media statements to issue in your own communities. We’ll also send you updates about what’s happening at the
hearings. If
you have any media-related material that you’d like to share, send it to us so
we can pass it along to the pan-Canadian networks.
And by all means, send the INQUEST UPDATES as far and wide as possible so
that we are all connected around this critical matter. Watch for more communications from us in the days to come. Thanks for your interest in this case. We look forward to staying connected with all of you and building this network.
Le 9 octobre 2002 Si vous recevez cette communication, vous et votre organisation avez un intérêt dans un important événement à venir. Cela peut également signifier que vous pouvez transmettre cette information à d’autres personnes et groupes qui devraient être tenus au courant de cette affaire et sur tout ce qui pourrait en découler. LA
SEMAINE PROCHAINE, l’enquête
du coroner de la province de l’Ontario sur le décès de Kimberly Rogers doit
débuter, soit
le mardi 15 octobre 2002, à Sudbury (Ontario). Les personnes qui ont besoin d’information sur cette affaire sont invitées à lire le texte qui suit. L’importance
historique et politique de cette enquête ne fait aucun doute.
Tout le monde, en passant par les activistes, les défenseurs, les
travailleuses et travailleurs de première ligne, les personnes à faible revenu
et leurs alliés, les étudiantes et étudiants, les universitaires, les
avocates et avocats, les juges, les décideurs et peut-être même la classe
politique – un très grand nombre de communautés surveilleront cette enquête
avec attention. Les
questions et les recommandations qui émergeront à la suite de cette affaire
auront de grandes répercussions sur la lutte pour des filets de sécurité
sociale renforcés, sur la justice économique, l’ordre public et le mouvement
de lutte contre la pauvreté. Cette
affaire jouera sur la façon dont nous contestons les gouvernements sur un éventail
de questions – la décimation des programmes de soutien du revenu, les
obstacles systémiques pour obtenir une justice économique et sociale, le rejet
par le gouvernement fédéral de ses responsabilités, les failles dans les
programmes de condamnation avec sursis, les erreurs concernant la fraude de
l’aide sociale. Des
groupes de tout le Canada considèrent cette affaire comme de la plus haute
importance. Nous savons toutes et tous qu’une tragédie comme celle de
Kimberly, à Sudbury, ne touche pas seulement l’Ontario.
Nous savons toutes et tous que les personnes qui sont préoccupées par
le problème de pauvreté dans les collectivités canadiennes sont affectées.
Les questions de géographie et de juridiction sont moins pertinentes ces
temps-ci. La mort de Kimberly
Rogers nous affecte toutes et tous. L’Organisation
nationale anti-pauvreté (ONAP) n’est qu’une parmi plusieurs organisations
qui participeront à l’enquête en tant qu’intervenante.
Nous travaillons en coalition avec des partenaires locaux à Sudbury, à
l’échelle provinciale et à l’échelle nationale, pour nous préparer pour
l’enquête. Voici
la première d’une série de communications électroniques – LE POINT SUR
L’ENQUÊTE – que nous diffuserons dans tous les coins du Canada afin de vous
informer sur l’enquête. Pendant
que les intervenants à Sudbury s’occupent du travail légal, nous avons
toutes et tous un rôle tout aussi important à jouer à l’extérieur du
palais de justice. L’intérêt des médias pour cette affaire a été très
grand et nous savons qu’il ne diminuera pas. Nous
sommes heureux de vous informer en vous faisant parvenir des communiqués de
presse et des déclarations publiées par les groupes qui travaillent étroitement
sur cette affaire. Nous vous
enverrons des modèles de lettres au courrier des lecteurs, des articles prêts
à publier et des déclarations de presse à diffuser dans vos collectivités.
Nous vous enverrons également des informations régulières sur ce qui
se passe aux auditions. Si
vous avez des documents pour les médias que vous aimeriez partager, veuillez
nous les faire parvenir afin que nous puissions les faire circuler sur les réseaux
pancanadiens. Il va sans dire que
vous devez envoyer LE POINT SUR L’ENQUÊTE aussi loin et au plus grand nombre
possible afin que nous soyons toutes et tous branchés sur cette affaire
capitale. Gardez
l’œil ouvert pour les autres communications que nous vous enverrons dans les
prochains jours. Nous vous
remercions de l’intérêt que vous avez pour cette affaire.
Nous espérons rester branchés avec vous toutes et tous afin de créer
ce réseau. -
ONAP Pour plus amples
renseignments, veuillez contacter ONAP sans frais 1.800.810.1076, ou visitez www.napo-onap.ca.
15 October 2002 Today
marks the start of the
Ontario Provincial Coroner’s Inquest into
the death of Kimberly Rogers in
Sudbury, Ontario. This
is not a media advisory or release. This
is a means of staying linked and informed as groups and individuals across the
country concerned about the inquest. Cette
mise
à jour n’est pas un communiqué de presse, ni un avis de presse.
C’est une façon de maintenir les liens entre les groupes et
individus partout au Canada qui sont intéressés par l'enquête. When
NAPO and its coalition partners issue official media communications, those
will be forwarded to you via these updates, for your information. L’ONAP et
ses partenaires vous feront parvenir les communiqués de presse par le biais
de la section des mise à jour. Please
send this and subsequent INQUEST UPDATES as far and wide as possible so that
we are all connected around this critical matter. Veuillez diffuser ce bulletin d'information et les autres qui suivront afin que toutes les personnes concernées soient informées des derniers développements. If
you have communications material to share, do let us know.
Si vous avez du matériel d'information à partager, veuillez nous en informer. Watch
for tomorrow’s bulletin describing the first day of the inquest, and more
from us in the weeks to come. There
will be much for all of us around the country to do in support of this
inquest. Thanks for your interest
in this case. We look forward to
staying connected with all of you and building this network. In
this update – dans ce bulletin: -
Globe and Mail article, 15 October 2002 -
Toronto Star article, 15 October 2002 -
ISAC press advisory, 11 October 2002 Check out our
new website – Voyez notre nouveau site web NAPO For more information, call NAPOPour plus amples renseignements,
contactez l’ONAP Phone / tél :
1.800.810.1076 National Anti-Poverty Organization –
l’Organisation nationale anti-pauvreté Pam Kapoor, Acting Executive Director / Directrice intérimaire
- 613.298.0902 An inquest-related list of organizational spokespeople
can be viewed at Un liste des porte-paroles pour
l’enquête est disponible à
Income
Security Advocacy Centre
16-10-02In
this update – dans ce bulletin: -
Synopsis of first day of hearings - Letters to the editor – samples for your use/distribution Check out our
new website – Voyez notre nouveau site web NAPO For more information, call NAPOPour plus amples renseignements,
contactez l’ONAP Phone / tél :
1.800.810.1076 National Anti-Poverty Organization –
l’Organisation nationale anti-pauvreté Pam Kapoor, Acting Executive Director / Directrice intérimaire
- 613.298.0902 An inquest-related list of organizational spokespeople
can be viewed at Un liste des porte-paroles pour
l’enquête est disponible à INQUEST SYNOPSIS: day oneThe first day of this historic inquest into the death of Kimberly Rogers was spent primarily on the Coroner’s instructions about the process. There was also a presentation of an outline of the evidence assembled by the case investigators. ·
The OPP (Ontario
Provincial Police) constable who summarized the chronology of life events
leading up to Kimberly Rogers’ death focused on the prescription medications
she received, past history of visits to walk-in clinics and family physician,
family and relationship history, debt load. ·
By day’s end, it
was revealed that investigators had erred in citing the amounts of medication:
Kimberly had actually obtained medication from her family physician and only in
the amounts allowed under the Ontario Drug Benefit plan. ·
Among the 18
volumes of documentary evidence amassed by the Coroner’s investigators, five
volumes contain the Ontario Works Act, regulations, policies and procedures. ·
From the way the
evidence was presented yesterday, it is clear that the focus by some of the
parties will be overwhelmingly on the personal. ·
Public interest
groups intervening at the inquest to attempt to highlight the broader social
context of the case include the Sudbury Social Planning Council, the Ontario
Social Safety Network, the Ontario Steering Committee on Social Assistance, the
Canadian Association of Elizabeth Fry Societies, the National Anti-Poverty
Organization, the Women’s Legal Education and Action Fund, and the National
Association of Women and the Law. ·
It appears as
though one week of the full inquest will be devoted to issues within the social
context and the final week on recommendations. LETTERS TO THE
EDITOR Please feel free
to borrow ideas or text from these letters for use in your own letters to local
and regional editors in your area. Letters to Editor contact info Sudbury
Star: [email protected];
fax: 705-674-6834 Northern
Life: [email protected];
fax: 705-673-4652 Globe
and Mail: [email protected];
fax: 416.585.5085 Toronto
Star: [email protected];
fax: 416.869.4322 National
Post: [email protected];
fax: 416.442.2209 Ottawa
Citizen: [email protected]
Sure, it may
have been that Kimberly dealt with some health issues such as depression and
migraines. But think about it –
how many people on welfare do you know who are not struggling to manage an
injury or illness of one sort or another? It
is preposterous to hold up one woman’s life story as unique when the truth is,
most social assistance recipients have a horrific time navigating personal
struggles under abysmal government support. The shame
game is lame. Why try to distract
everyone from the political and regulatory factors that led to this tragedy?
No amount of magic can conceal the truth.
It just may be that the five-member inquest jury – like most of us –
are not fooled by slight of hand. Jacquie
Ackerly Victoria, B.C. How predictable
that the inquest hearings into the death of Kimberly Rogers have so quickly
become an occasion for prosecution to stir up controversy by combing through the
intimate details of Kimberly’s life. From
what I’ve read, Kimberly Rogers was well liked by friends, neighbours and
colleagues, and was well on her way to a better future.
She worked hard to overcome personal obstacles in order to achieve an
accomplished education. I guess it
would be out of character for those incapable of deeper social analysis to call
attention to Kimberly’s accomplishments.
How few citizens have the guts to launch an historic Charter Challenge
like the one Kimberly did to the ban on welfare? Julie
Legault Ottawa, Ontario Je ne suis
pas surprise que l' enquête sur la mort de Kimberly Rogers soit devenue une
occasion pour la Couronne de soulever la contreverse en décortiquant,
jusqu’au dernier détail, la vie personnelle de Kimberly. De ce qu’on sait, Kimberly Rogers était bien aimée de
tous ces amis, voisins et collègues et elle était sur la bonne voie,
l’amenant vers un futur plus prometeur.
Elle a travaillé très fort pour dépasser ses problèmes personnels afin
d’acquérir une meilleure éducation. Nous pouvons présumer que les personnes, qui sont incapables de fonder une analyse sociale plus profonde, sont également incapables de souligner les accomplissements de Kimberly Rogers. Combien de personnes auraient eu assez de courage pour entreprendre une poursuite constitutionnelle historique telle la poursuite de Kimberly Rogers? Julie Legault Ottawa, Ontario Whether
the inquest into Kimberly Rogers' death finds that it was an accident or
suicide, doesn't change anything about the province's role in Ms. Rogers' death.
Ms. Rogers fought poverty and apparently depression to graduate from college
with honours. In return, she was charged, humiliated, isolated and left without
any means of support for herself or her unborn child. The province should ensure
she didn't die in vain by repealing the welfare ban immediately. Janet
Teibo Toronto,
Ontario Welfare
rates are so low at this point I'm surprised everybody doesn't cheat.
And when they do, they are banned from social assistance for life.
Doctors who defraud the Medicare system are not banned from billing for
life. Politicians who claim
outrageous expenses continue to collect their MPP's salary and remain eligible
for their pension. How can the
province justify this kind of discrimination?
And how can we sit by and let it happen? Fred
Hahn Toronto,
Ontario
Inquest
Update #4
17-10-02
INTERNATIONAL DAY
FOR THE ERADICATION OF POVERTY Journée
internationale pour l’élimination de la pauvreté In
this update – dans ce bulletin: -
Synopsis of second day of hearings -
NAPO media release -
bits of found coverage To
come – à venir: -
useful web and electronic resources -
what’s the relevance? what’s
to gain? -
action items Check out our
new website – Voyez notre nouveau site web NAPO For more information, call NAPOPour plus amples renseignements,
contactez l’ONAP Phone / tél :
1.800.810.1076 National Anti-Poverty Organization –
l’Organisation nationale anti-pauvreté Pam Kapoor, Acting Executive Director / Directrice intérimaire
- 613.298.0902 An inquest-related list of organizational spokespeople
can be viewed at Un liste des porte-paroles pour
l’enquête est disponible à INQUEST SYNOPSIS:
day two
Testimony on the second day of hearings was given by
various investigating police officers who went to Kimberly's apartment on the
evening she died. The rest of the week is expected to continue covering
evidence and testimony pertaining to Kimberly’s personal and medical
history. Once this difficult, and
at times frustrating, phase has closed, those allies present at the hearings
in Sudbury will share their reflections of this phase and a look ahead to the
weeks and stages to come. ·
Although the heat wave at the
time was well documented, the police officers attempted to minimize the
issue of temperature ·
One officer stated that he saw a
thermometer in her kitchen registering 34 degrees Celsius - he called that
"in the
mid 80's" Fahrenheit; another officer said it was about 78 ·
Lawyers for the government
kept emphasizing that there was a fan in the apartment as well as two open
windows (though the bedroom windows could not be opened) ·
There was a window from a
landing onto a rooftop by which it was possible to get out of the apartment
and sit on the roof; government lawyers repeated that Kimberly could have gone
outside through that window, although no evidence has been given that she did ·
All officers stressed that the
apartment was "messy", in "disarray", "untidy" -
one called it "filthy" ·
The photos showed three small
rooms with clutter like mail and papers on tables, along with a glass and some
snack foods, etc. ·
Authorities appear focused on
how Kimberly, stuck in her apartment in the middle of a heat wave, was eating
snack foods and not cleaning up.
Inquest
Update #5
18-10-02
In
this update – dans ce bulletin: -
Synopsis of third day of hearings -
useful web and electronic resources -
found news Check out our
new website – Voyez notre nouveau site web NAPO For more information, call NAPOPour plus amples renseignements,
contactez l’ONAP Phone / tél :
1.800.810.1076 National Anti-Poverty Organization –
l’Organisation nationale anti-pauvreté Pam Kapoor, Acting Executive Director / Directrice intérimaire
- 613.298.0902 An inquest-related list of organizational spokespeople
can be viewed at Un liste des porte-paroles pour
l’enquête est disponible à INQUEST SYNOPSIS:
day three
On
October 17th – International Day for the Eradication of Poverty -
testimony was given by a toxicologist and by a pathologist - many technical
details and scientific studies were cited. ·
The jury heard about the number of days between when
Kimberly Rogers was last seen until her body was found ·
Data was presented regarding
the extreme heat in her bedroom, and how it would have affected the level of
drugs found in her system ·
It is clear that the
scientific experts cannot be at all certain about how much medication Kimberly
took, or even which day she died ·
It is possible that Kimberly may have taken two or
three times her prescribed dosage, rather than the 80 pills previously
speculated ·
Kimberly could have died on any date from the 6th
to the 8th of August last year ·
With her pregnancy, she had stopped using alcohol and
no liquor bottles were found in her apartment – yet Coroner’s counsel
repeatedly referred to levels of alcohol in her system which likely pertains to
natural processes that occur post-mortem ·
According to experts, including the toxicologist, the
overdose could have been either accidental or intentional ·
At day’s end, testimony from Terry Pyhtilla, the
father of Kimberly’s unborn child, began – he described his discovery of her
body and his evidence offered a glimpse into what the last few months of
Kimberly’s life were like – she’d been excited about her baby and began to
eat better and become more active ·
His testimony recalled the distress that Kimberly felt
about the charge of welfare fraud and her worry about what would happen when she
went to court ·
After her conviction, Kimberly told Terry that a deal
had been worked out, that she’d pleaded guilty and was sentenced to house
arrest – she seemed relieved to not have to go to jail ·
It remains obvious that Kimberly had not been aware
that her social assistance entitlements would be stopped Terry
Pyhtilla’s testimony continues on Friday. Public
interest interveners remain focussed on the death resulting from a combination
of factors like poverty and harsh and discriminatory penalties. SOME USEFUL WEB-BASED RESOURCES FOR …ü
Case information ü
Law reform efforts, campaigns ü
Sudbury info ü
Documents, resources on women’s equality ü
The Tories’ Ontario Works program Justice With Dignity –
the Committee to Remember Kimberly Rogers http://dawn.thot.net/Kimberly_Rogers/letters.html Income
Security Advocacy Centre http://www.incomesecurity.org Ontario
Common Front – Sudbury www.ocfsudbury.cjb.net
National
Association of Women and the Law www.nawl.ca Ontario
Works Program http://www.gov.on.ca/CSS/page/services/ontworks.html
A
Tragedy Written Off By
Chris Bradshaw Globe
and Mail, Friday, October 18th, 2002 Print
Edition page A18 Burnaby, B.C. -- In the
process of answering her own question (Who killed Kimberly Rogers? -- Oct. 17),
Margaret Wente retreats to the safe haven of all good social conservatives:
"Kimberly Rogers killed herself when she was depressed." After chronicling the
tragic events surrounding Ms. Rogers's life, it is baffling that Ms. Wente can
reach such a narrow-minded verdict. It must be comforting for
conservatives to write off this tragedy as a perceived personal weakness. In
doing so, they can justify all manner of Draconian public policies in an attempt
to protect their precious tax cuts. Fortunately, the rest of
society is not so dim. We understand that an injury to one is an injury to all
-- especially when carried out in our name by a government representing all
citizens. If only Ms. Wente would understand this fundamental principle of
democracy. A
Tragedy Written Off (#2) By
Vincent J. Guihan Globe
and Mail, Friday, October 18th, 2002 Print
Edition page A18 Ottawa -- An even better
question than who killed Kimberly Rogers
is: Who bears the responsibility? Does she for overdosing?
Does her doctor for prescribing the pills? Do the Ontario Tories for their
Draconian welfare reforms? Does the voting public for electing them? As a society, we all bear
a little responsibility in her death by perpetuating capitalism, a system that
puts money ahead of people, a circumstance that most reasonable people despise.
It fosters the depression and alienation that proved fatal in Ms. Rogers's
case, and not in hers alone. House
Arrest a Relief, Inquest Told By
Kate Harries Toronto
Star October
18th, 2002 SUDBURY — A pregnant woman who pleaded guilty to welfare fraud
was relieved that her sentence was to be served in her home, her boyfriend
testified yesterday. "It just seemed she was glad to get it over with," Terry
Pyhtila told an inquest into the death of Kimberly Rogers, 40, whose body he
discovered on Aug. 9, 2001. "She told me she didn't want to go to jail." Pyhtila, a guard in the Sudbury jail, said he didn't know whether
Rogers was aware that her conviction would lead to an automatic three-month
suspension of her welfare benefits. "I don't recall her saying anything about it," he said.
Asked if Rogers sought financial help from him, Pyhtila replied:
"Sure. She always asked for money." Pyhtila said Rogers appeared to become revitalized by her
pregnancy, changing from a lifestyle in which she spent most of her time in bed
watching television to one in which she cleaned up her apartment and was less
passive. He said he last spoke to her on Aug. 6. He called her several times
over the next three days, getting no answer. He said she often unplugged her
phone if she didn't feel like talking. But by Aug. 9, he was concerned and stopped by. He noticed the
smell as soon as he unlocked the door. Pyhtila testifies again today. The inquest jury also heard from pathologist Nihad Ali-Ritha, whose
post-mortem examination Aug. 11 found that Rogers was healthy, eight months
pregnant with a baby girl and identified no cause of death. Lethal concentrations of the anti-depressant amitriptyline were
found in her blood, forensic toxicologist Randall Warren said. Rogers had been prescribed 300 mg a day, the maximum recommended,
to treat depression, insomnia, migraines and pain from a knee injury.
In
this update – dans ce bulletin: -
Synopsis of the second week of hearings -
article for your use and circulation -
found news Check out our
new website – Voyez notre nouveau site web NAPO For more information, call
NAPO
Pour plus amples renseignements, contactez l’ONAP Phone / tél : 1.800.810.1076 National Anti-Poverty Organization –
l’Organisation nationale anti-pauvreté Pam Kapoor, Acting Executive Director / Directrice intérimaire
- 613.298.0902 An inquest-related list of organizational spokespeople
can be viewed at Un liste des porte-paroles pour l’enquête est
disponible à INQUEST SYNOPSIS:
week two
October
21 - 22 Kimberly’s family physician, Dr. Clendenning,
testified as to the medication he had prescribed her. He had increased the dosage because of her migraines
and anxiety, and says he stressed that taking more than the prescribed amount
would be toxic. As the media
reported, his opinion is that her overdose was intentional. Dr. Clendenning stated that although Kimberly was
stressed, she was also proud of having moved her life forward by doing so well
in college and adjusting her life around her pregnancy. Dr. Clendenning stated that Ontario’s lifetime
welfare ban is cruel and unusual punishment, akin to a death sentence when
provisions are not made to meet medical needs.
He expressed disapproval of the inadequate amount of money that Kimberly
had to live on, saying, “People have to eat.” October 23 Testimony was given by the financial aid officer for
Cambrian College who had dealt with Kimberly’s OSAP (Ontario Student
Assistance Plan) loan applications. When it came to light in November of 1999 that Kimberly
was in receipt of both OSAP and welfare, Kimberly wrote a letter to OSAP.
Here are some excerpts from hat letter: “I realize that I have made a huge mistake and do not
want to be arrested or charged with fraud.
I have no criminal record … I hope you will take this letter into
consideration and accept my sincere apologies and please let me finish my
schooling … I am truly sorry and the only way I can redeem myself is to finish
school and get a good job so I can repay my mistakes.” The financial aid officer told Kimberly that she was
ineligible for any more OSAP to complete her education in social work from
January to May of 2000. Her welfare
assistance had been cut as of November of 1999. The financial aid officer said he had wanted to help Kimberly
complete her schooling, so he arranged for two bursaries totaling $1,200.
He wrote a very complimentary letter about how well she was doing in
school and in support of her need for financial help to complete her program. The manager of a group home/respite service where
Kimberly did her social work field placement testified about how well she had
done in her placement; that she was dedicated, worked extra hours, communicated
extremely well with the youth in the program; that she would have been a
“dynamite” social worker. She
testified that Kimberly was “beyond broke,” that sometimes the only food she
had was what she ate at the group home, and that she frequently had no bus fare
(this was during the period when Kimberly had neither OSAP nor welfare). The Inquest into the death of Kimberly Rogers: WHO SHOULD CARE, AND WHY? - Pam Kapoor, NAPO Since 1995, after the elimination of the Canada Assistance
Plan (CAP) and the introduction of the Canada Health and Social Transfer (CHST),
the second-class citizenship of poor people in this country has become more
assured. Our society, not helped by
regressive governmental policies and seemingly institutionalized discriminatory
attitudes, encourages negative attitudes toward low-income people and the
perpetuation of stereotypes. We
have become a culture tolerant of blatant discrimination, complacent about the
oppression of more than 5 million low-income people in Canada. The sport of portraying social assistance recipients as
“cheats” or “thieves” or “bums” has become a cornerstone of
government electioneering and social policy.
Governments, mainstream media, and segments of the corporate culture have
assisted in the development of hostility toward poor people – a result of
increased societal acceptance of poor bashing.
In recent years, poor-bashing has reached the point of widespread blatant
violations of the most fundamental human rights of poor people.
The most blatant example is the lifetime ban on receiving welfare imposed
as a penalty for so-called “welfare fraud”, often the survival strategies of
those condemned to live and try to provide for their children on criminally low
levels of financial assistance. So how do we combat the image of welfare recipients,
and others on income support, as lazy abusers of the system?
The economically secure may always have a tendency to look down upon low
or no income members of society, but what is the bridge between individual
behaviours and government choices? What
about political will? The Ontario Provincial Coroner’s inquest into the
death of Kimberly Rogers provides a forum through which some of these questions
may be explored. In an effort to
expose government culpability in the tragic death of a pregnant woman convicted
of welfare fraud and sentenced to house arrest, even when the prosecutor and the
judge knew she would be banned from receiving welfare and would be utterly
unable to provide for basic necessities, public interest groups intervening in
the case (and our allies) are, not surprisingly, coming up against disparaging
criticism about Kimberly’s life and offensive generalizations about
“choices” and “lifestyles” of low income people. While understanding this as an important moment in the
struggle to expose and eliminate systemic imbalances that deliver economic
disadvantage to millions of people in Canada, the dignity of Kimberly must
remain paramount. Her life ended
too soon due to scandalous and violent politics.
Our challenge is to carry our message respectfully while seizing this
opportunity to put the facts on the public record and build another critical
stepping stone towards a just society. Who should care about this inquest and its outcome? The millions of people living in poverty in Canada
today. Advocates who represent poor
people, many of whom are poor themselves, in the face of oppressive and
demeaning government bureaucracy and scrutiny.
Activists who take on the system and fight for a voice for poor people.
People who are incensed by government policies – federal, provincial
and territorial – that criminalize poor people and increase poverty.
People who are fighting to claim human rights for all of us.
We are the anti-poverty movement. We all know (many of us first hand) what dire impact
the latest onslaught of government policies are having on poor people.
We know that though Kimberly lived and died in Ontario, this tragedy
could have taken place in any community anywhere in Canada.
The Ontario government is certainly not alone in implementing
discriminatory and dangerous policies. We
need only look at contemporary British Columbia to know that some regions are
swiftly eclipsing even the Ontario Tories in terms of income support slashing,
program dismantling, resource canceling – wholesale desertion of poor people
and poverty issues. Every single one of us has a vested interest in the
recommendations that will be handed down by the five-member inquest jury in
mid-November. Emblazoned on the
public record may be insightful citations of the direct link between government
policies that violate fundamental human rights and the increasing
criminalization of poor people. We are looking for recommendations that point to the
cascading nature of institutionalized discrimination towards poor people in
Canada as illustrated through … … the cancellation of CAP and the introduction of the
CHST – key examples of federal abandonment of responsibilities … subsequent fatal tampering by a provincial
government with income assistance programs leading to inadequate welfare rates
and heightened paranoia about welfare fraud … discriminatory sentencing schemes set up by the
federal government post-CAP that have contributed significantly to ongoing
criminalization of poor people [everyone should have equal access to conditional
sentencing but it should not be imposed discriminatorily on poor people, and not
without at the same time ordering the provision of
adequate assistance] … the disproportionate prosecution of women for
welfare fraud and a gendered analysis of conditional sentencing and low-income
women’s unique survival strategies … governments’ blatant disregard of international
human rights obligations and concerns raised by U.N. human rights bodies about
the situation of poor people in Canada An inquest jury’s recommendations, however, carry no
weight and are in no way legally binding. For
that reason, it is imperative that we coalesce, as a movement, around the
positive and useful aspects of those pending recommendations.
In many ways, the real impact of such an inquest emerges long after the
courthouse doors have closed. It is
entirely up to us to mount public pressure in an effort to press governments to
implement useful recommendations. What
comes out of this inquest may be, for the anti-poverty movement, another prong
in our platform for government action, campaign for chnge, our struggle for
human rights. For information about the inquest, the interveners, the
policies, and to learn more about Kimberly’s story: Justice With Dignity –
the Committee to Remember Kimberly Rogers http://dawn.thot.net/Kimberly_Rogers Doctor denounces welfare ban in fraud cases Pregnant Sudbury patient died while under house
arrest by Kate Harries ONTARIO
REPORTER Toronto Star dateline: Oct.
23, 01:00 EDT SUDBURY — A family doctor spoke forcefully yesterday
against provincial legislation that imposes a lifetime ban on benefits for
anyone convicted of welfare fraud. "I find it unusual and unacceptable that one of my
patients should be subject to a loss of all income," Dr. Robert
Clendenning told an inquest into the death of Kimberly Rogers. Social policies ensure that every living creature under
anyone's care should be sheltered and fed properly, he said. "In our
country, if we have animals, we have to make sure they have food and shelter. ...
That should extend to all human creatures who are members of our
society." Rogers, 40, was eight months pregnant when she was
found dead on Aug. 9, 2001, while serving a six-month house arrest. She had
pleaded guilty to defrauding the welfare system of $13,000 during
1996-99, at a time when she received $48,000 in student loans. Asked by coroner David Eden if he had any suggestions
for recommendations the jury might make, Clendenning said "the idea of
sentencing anyone to being confined to a home and then cut them off from
financial support is obviously impossible and unreasonable. That law should
be looked at." Clendenning also testified he had prescribed Rogers
more medication than she Rogers suffered from chronic pain, migraines, anxiety
and depression. The inquest also heard from her sister Barb who said
she had seen Rogers alter prescriptions to get larger amounts of
medication. The inquest jury has heard that an autopsy found Rogers
was healthy, eight months pregnant with a baby girl and identified no
cause of death. Lethal concentrations of the anti-depressant
amitriptyline were found in her blood, evidence showed. MD believes Rogers took
her own life Keith Lacey, special to
the Globe and Mail Tuesday, October 22, 2002 – Print
Edition, Page A10,
Globe and Mail SUDBURY, ONT. -- The
doctor of Kimberly Rogers, the woman who died last year while under house arrest
for welfare fraud, told a coroner's jury yesterday he believes his patient took
her own life. Dr. Robert Clendenning
testified yesterday that a high concentration of the prescription drug
amitriptyline, an antidepressant and migraine medication, as well as an empty
pill bottle that police found at the woman's bed, provided strong evidence she
committed suicide. "I think the empty
bottle speaks for itself," said Dr. Clendenning, who had treated Ms. Rogers
since 1996. "I think she emptied
the bottle, and the high level of concentration speaks of a large number [of
pills] being ingested," he said. "She ended up with three or four
times the concentration considered lethal. As to why, I don't think we'll ever
know." The doctor said he warned
Ms. Rogers repeatedly not to use more than the 300- milligram prescribed dosage,
he said. The inquest had heard that
Ms. Rogers had secretly stockpiled 1,350 of the antidepressant pills over a
10-week period before she died. Yesterday, the doctor said
that he believed that Ms. Rogers understood his instructions and that he never
had any fear she would take more than he prescribed. "She was an
intelligent women, and she understood me," he said. Ms. Rogers had been
sentenced to six months of house arrest after pleading guilty to theft over
$5,000 for collecting $14,000 in welfare benefits while on student loans. She died in early August,
2001. Her boyfriend found her body in the sweltering heat of her apartment. Dr. Clendenning confirmed
that Ms. Rogers suffered from numerous ailments, including regular migraine
headaches, panic attacks, insomnia and depression. Punitive Judgment Ken West Saturday, October 19, 2002 – Print
Edition, Page A24,
Globe and Mail Toronto -- Vincent J.
Guihan says "we all bear a little responsibility" for the death of
Kimberly Rogers. I will take that opinion, extend it, and feel pretty good about
myself for my contribution to the careers of Roberta Bondar, Shania Twain and
Pamela Wallen. How would they have done it without me? Punitive Judgment Peter Lamont Saturday, October 19, 2002 – Print
Edition, Page A24,
Globe and Mail Newmarket, Ont. -- Vincent
J. Guihan (letter -- Oct. 17) asserts that our embrace of capitalism is partly
responsible for Kimberly Rogers's suicide. He contends that capitalism fosters
the depression and alienation that proved fatal in Ms. Rogers's case. It's surprising, then,
that Denmark and Sweden, two socialist countries, have much higher suicide rates
than Canada or the United States. Capitalism does not
"put money ahead of people." It opens markets so that prosperity
increases and allows individuals to use their talent and initiative to improve
their standard of living. It's not a perfect system, but it's better than
alternative systems that generally ensure everybody is equally poor. Rather than seeking to lay
blame, we need to accept that individuals bear some responsibility for their
decisions and circumstances.
27-10-02
In
this update – dans ce bulletin: -
Synopsis of October 24th inquest hearings -
article by Kim Brooks for your use and circulation Check out our
new website – Voyez notre nouveau site web NAPO For more information, call
NAPO
Pour plus amples renseignements, contactez l’ONAP Phone / tél : 1.800.810.1076 National Anti-Poverty Organization –
l’Organisation nationale anti-pauvreté Pam Kapoor, Acting Executive Director / Directrice intérimaire
- 613.298.0902 An inquest-related list of organizational spokespeople
can be viewed at Un liste des porte-paroles pour l’enquête est
disponible à INQUEST SYNOPSIS:
October 24
Testimony came from two pharmacists who described
the exact number of amitriptyline tablets Kimberly received in the three months
before her death. After so much testimony about the prescription and
dispensing of medication, it seems likely that the jury may be asked to make
recommendations about more controls on prescription medications. Near the end of the day, the Eligibility Review
Officer (ERO) who discovered that Kimberly was attending Cambrian College,
cancelled her benefits and referred her file to the police, began testimony. The ERO explained that in September of 1999, Ontario
Works (OW) offices were given access to the database of the Ministry of
Education and Training – for the first time, they could automatically
determine the enrollment of recipients in post-secondary institutions. The ERO called the Cambrian College financial aid
office to confirm her attendance and cancelled her welfare assistance. Attending a post-secondary institution made Kimberly
ineligible. The overpayment was not actually calculated until
May, 2000, when Kimberly reapplied for assistance after finishing her social
work program; at that point, according to the ERO, it was determined that there
was intent to commit fraud, so the matter was referred to police. The ERO attended Kimberly’s court hearing
expecting to be a witness, but found that Kimberly was pleading guilty. Upon sentencing, the judge said he’d heard of
“zero tolerance” (the lifetime ban), and wondered if it applied to Kimberly
- her defense lawyer said he didn’t know because he’d never heard of it -
the Crown didn’t know either The ERO, who was present and called to the stand,
stated that zero tolerance did not apply and that Kimberly’s benefits would be
cancelled for three months because her offense was committed before April, 2000. The ERO was asked if there was any process in place
for notifying someone facing fraud charges that they would have assistance
cancelled for three months; she replied that it would be a question for the
caseworker - the ERO never personally contacted Kimberly. The ERO testimony also revealed that Kimberly had
applied for support under the Ontario Disability Support Program (ODSP). The ERO’s testimony was to continue on Friday, 25
October 2002. Finding
Answers: the Kimberly Rogers
Inquest
By Kim
Brooks, National Association of Women and the Law
[to
be published in Jurisfemme vol.21 n.3 Fall 2002] At
its most extreme, the criminalization of poverty costs lives.
That is exactly what happened to Kimberly Rogers.
Kimberly
Rogers Kimberly
Rogers was charged and pled guilty to welfare fraud in April 2001.
She had collected social assistance and failed to report that she was
collecting student loans simultaneously. Social
assistance recipients cannot also collect student loans without a reduction in
their social assistance payments. Justice
Greg Rogers sentenced Kimberly to 18 months probation and imposed a six-month
conditional sentence. For the
six-month period, Kimberly was required to stay in her apartment.
She was only permitted to leave once a week for three hours.
In addition to these penalties, she was ordered to pay $13,372.67
restitution. Punishment
did not stop with Justice Rogers’ judicial sentence. Ontario’s social assistance regulations (under the Ontario
Works Act) required Kimberly’s social assistance to be cut off for three
months. Kimberly was cut off even
though she was pregnant at the time. (These
rules have subsequently been made even more punitive.
For welfare fraud convictions that relate to periods that occurred in
whole or in part after April 1, 2000, the claimant is cut off from receiving any
benefits for life.) In
May, Kimberly began a constitutional challenge to the regulations.
Her application for interim relief, heard by Madam Justice Epstein, was
granted and Kimberly’s social assistance payments were reinstated.
The effect of this decision was limited to Kimberly Rogers, and was
focused in particular on the dangers of denying social assistance payments to a
pregnant woman. To
give some shape to the amount of the benefits Kimberly received, as a single
person, Kimberly was entitled to $520 a month and a drug card.
She had rent payments of $450 a month, and was required to pay $52 a
month against her overpayment. Even
though Justice Epstein’s judgment was a victory, it left only $18 a month for
food, telephone, clothing and other expenses. Not
surprisingly, Kimberly was taking anti-depressants. She was unable to afford the basic necessities for living.
Her apartment was unbearably hot, and the house arrest made it extremely
difficult to seek assistance or community support. Kimberly
Rogers died on August 9, 2001 in her apartment in Sudbury.
The cause of death will be determined by the jury at the inquest into her
death. The
Inquest The
Inquest into the death of Kimberly Rogers was announced on September 24th,
2001. It began in Sudbury on
October 15, 2002. The purpose of
the Inquest to examine the circumstances surrounding Kimberly’s death and the
Inquest jury may make recommendations aimed at preventing future deaths. NAWL
is co-intervening in the Inquest with the Canadian Association of Elizabeth Fry
Societies, the Legal Education and Action Fund, and the National Anti-Poverty
Organization. The aim of our
coalition is to identify the effect of the federal government’s approach to
criminal and social justice on the abrogation of provincial and municipal
responsibilities to poor women. We
also seek to demonstrate how the federal government’s approach has resulted in
the increased feminization of poverty and the criminalization of women who are
indigent, mentally and/or cognitively disabled and otherwise marginalized.
The coalition is fortunate to have Chantal Tie and Jennifer Scott acting
as counsel. Extrapolating
from the Specifics Kimberly
Rogers’ death was a tragedy, and one that should cause national alarm.
But it was not unpredictable. It
can be located in the increasing criminalization of poverty.
Our
abandonment of low-income Canadians began most obviously in 1995, when the
federal government abandoned the Canada Assistance Plan and its standards
for social assistance. The only
remaining standard is that a province cannot require a minimum period of
residency for social assistance recipients and still receive a federal
government transfer payment to support social assistance.
The
Ontario provincial government has followed the federal government’s indication
that abandoning poor people is acceptable, even appropriate.
Social assistance payments have been dramatically cut, work-for-welfare
programs have been implemented, and mandatory drug and literacy testing have
been proposed. Welfare fraud
charges have become more common, and social assistance can no longer be
collected when a recipient is found guilty.
The
government portrayal of low-income people as cheats is picked up in the media,
and the result is an increased public acceptance of poor bashing.
All
of these changes have negative effects for women, and particularly for single
mothers. Poverty leaves people in
precarious life situations. The
government has an obligation to provide support to low-income folks, not to
criminalize people who lack economic power. Kimberly
Rogers’ treatment is just one illustration of the human rights violations that
the new Ontario social assistance rules require. Her house arrest was a cruel form of punishment – only in
the most extreme cases should “prisoners” be placed in solitary confinement,
and yet for just under $14,000 we imposed that sentence on Kimberly.
Hopefully
the Inquest will result in recommendations that will be acted upon in order to
ensure that this kind of tragedy does not occur again.
28-10-02
In
this update – dans ce bulletin: -
Synopsis of October 25th inquest hearings -
found media Check out our
new website – Voyez notre nouveau site web NAPO For more information, call
NAPO
Pour plus amples renseignements, contactez l’ONAP Phone / tél : 1.800.810.1076 National Anti-Poverty Organization –
l’Organisation nationale anti-pauvreté Pam Kapoor, Acting Executive Director / Directrice intérimaire
- 613.298.0902 An inquest-related list of organizational spokespeople
can be viewed at Un liste des porte-paroles pour l’enquête est
disponible à INQUEST SYNOPSIS:
October 25
The
Ontario Work's Eligibility Review Officer (ERO) continued on the stand. The
coroner, Dr. Eden, was strict in disallowing the public interest lawyers to ask
certain questions and restated the three tests that public interest counsel's
questions would have to meet:
The ERO
testified that only ten cases were reported to police for welfare prosecution
from 1999 to 2001 [a very low percentage of the Ontario Works (OW) caseload
which in 1999 was 6,029 cases; in 2000 was 4,644 cases, and in 2001 was 4,899
cases]. The ERO
was asked by one of public interest counsel if she was familiar with an OW
policy regarding the recovery rate for over-payments.
The ERO responded that she would have read it at least once in her life;
she stated that OW in Sudbury collects at a 10% recovery rate - the default
position in Sudbury. Note: OW
policies, rules and regulations, bulletins and directives, entered into
evidence, are five volumes, each about two inches thick.
To 1998, the rate of recovery is set at 5%.
This can be raised to 10% if there is capacity to pay the 10%, or reduced
when it would cause undue hardship. When the
ERO was questioned about what triggers OW officers to refer cases to an
eligibility review, the ERO responded with the example of high rent payments
beyond what an OW recipient could afford from their monthly benefit. The ERO
testified that the maximum shelter allowance for a single person is $325 plus
$195 for basic needs for a total of $520 monthly. The ERO
was not permitted to respond to a question regarding her opinion of the
inadequacy of the OW shelter allowance. In terms
of what constitutes welfare fraud,
the ERO responded: When
asked whether a loan of $500 made by a person on OW to a neighbour would be
deemed "income" when repaid, the ERO admitted that the $500 would be
deemed income and offered a remark that she would be questioning where the
individual would have gotten the $500 money to lend.
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