News Release

For Immediate Release
December 2, 2008

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McGuinty Government Names "Shaken Baby" Death Review Team And Dr. Smith Compensation Framework Advice Committee

NEWS

Ontario is further responding to the Goudge Report by establishing a review team for "shaken baby" death cases and a committee to consider issues of compensation related to Dr. Charles Smith's work.

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:

• 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.

A team of medical and legal experts will review criminal convictions involving "shaken baby" death cases:

• The Honourable Justice Donald A. Ebbs of the Ontario Court of Justice and former Associate Chief Justice of Ontario - as lead,
• Dr. Michael Pollanen, Ontario's Chief Forensic Pathologist,
• Dr. Dirk Huyer, Regional Supervising Coroner,
• Marie Henein, Senior Defence Counsel, and
• Mary Nethery, Senior Crown Attorney and Director of Justice Excellence.

Also, the Ministry of the Attorney General has begun and will continue to work with all justice system participants to expedite criminal cases where an injustice is claimed.

QUOTES

"Justice Goudge has given us an excellent roadmap for progress, and we are following it so that Ontarians who may have been affected by these terrible human tragedies can find the justice they deserve," said Attorney General Chris Bentley. "We will take every opportunity to ensure that justice is done."

"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."

"I am honoured to have been named by the Attorney General to lead this important review into shaken baby deaths," said Justice Ebbs. "Our task begins with an examination of the work the Ministry of the Attorney General has already begun, so that we can begin reviewing cases as soon as possible."

"I look forward to providing the Attorney General with timely, appropriate advice to address the issue of compensation arising from Dr. Smith's work," said Mr. Osborne. "My fellow committee members and I will get on with the important work at hand as quickly as possible."

QUICK FACTS

• There were approximately 142 pediatric death cases between 1986-2006 involving "shaken baby syndrome" or other diagnoses relating to pediatric head injuries. Not all of those cases resulted in criminal convictions.
• The advice that the compensation framework team will provide to the Attorney General will be solicitor-client privileged.

LEARN MORE

Learn more about Ontario's proposed legislation to strengthen the death investigation system.

Read Justice Goudge's report and recommendations.

Learn more about Ontario's coroners.

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