Kimberly Rogers Inquest Alerts

End lifetime ban for welfare fraud, jury says

by Darren Yourk

Globe and Mail Update
Thursday, December 19, 2002 posted at 4:32 PM EST

A coroner's jury probing the death of Kimberly Rogers is urging the Ontario government to end its no-tolerance crackdown on welfare fraud.

Ms. Rogers was found dead in her sweltering Sudbury apartment during a heat wave on Aug. 11, 2001. Ms. Rogers had been serving six months under house arrest for welfare fraud. She was eight months pregnant at the time of her death.

Lifting the lifetime ban was one of 13 recommendations made Thursday, some two months after the coroner's inquest began Tuesday, Oct. 15, in Sudbury, Ont.

"They better do something, because this is not called for," Ms. Rogers' mother, Myrel Caetano, told reporters.

"It'll never be over for me, not when you lose a child even if they're 40 years old. You always expect to go before your children."

Jurors had been urged by coroner's counsel Al O'Marra to consider a number of recommendations, including an end to the lifetime ban. Failing that, the provision should be amended to allow the local Ontario Works administrator to exercise discretion, Mr. O'Marra urged the jury.

"The (jury's) rationale speaks for itself ," he said after the recommendations were announced. "They based their view on the evidence that it would have a devastating and detrimental effect on the community."

A straight-A social-services student at Cambrian College, Ms. Rogers had pleaded guilty to defrauding the provincial government by taking student loans while still collecting welfare cheques.

Her welfare benefits were cut off as part of the government's lifetime ban rule and she was ordered to repay the government about $13,300. The ruling left her unable to pay her monthly bills.

The Ontario Works Act says any person convicted of fraud in relation to the receipt of public assistance is automatically cut off from receiving any those benefits for life. After then-premier Mike Harris's government announced it was cracking down on welfare cheats, Ontario became the only province in Canada to ban those convicted of welfare fraud from the welfare rolls.

"Obviously it was an emotional day for us," Laurie McGauley of the committee to remember Kimberly Rogers told globeandmail.com. "Kimberly's family was there and It has been a long haul and the inquest has been very painful, but we're thankful it is over. When we heard the recommendations we were thankful we went through this."

The Ontario Social Safety Network unit for Sudbury, Ontario Municipal Social Services Association and the Steering Committee on Social Assistance protested against the zero-tolerance policy during the inquest.

Among the jury's other recommendations:

• Administrators with Ontario Works should have discretion over when welfare benefits are suspended.

• The government should ensure those under house arrest get adequate housing, food and medication.

• The Ministry of Community Services should re-evaluate the adequacy of social assistance rates.

Coroner David Eden said the inquest found evidence that it "would have a devastating and detrimental effect on our society to prevent anyone from having to go without food and or shelter."

Ontario's Community Services Minister Brenda Elliott repeated the Tory credo that "it's important to give people a hand up, not a handout" as she defended the government's welfare policies.

"We are going to review the recommendations in detail," she said from her Guelph, Ont., riding.

"At this point in time we are not contemplating changes to the policy of zero tolerance.... We think the welfare reforms are working."

A published newspaper report in August said that Ms. Rogers died of an overdose of a prescription antidepressant rather than heat stroke or hyperthermia from being confined to her apartment.

The five-member panel found that Kimberly Rogers took her own life with an overdose of antidepressants.

"Just the fact that somebody hasn brought to that point of hopelessness and despair...it is still very painful, but hopefully she didn't die in vein and hopefully the government will make sure that other people don't die in the province."

On May 14, 2001, Ms. Rogers launched a case under the Charter of Rights that challenged the constitutional validity of Ontario Works regulations that suspended benefits after a conviction of welfare fraud.

Ms. Rogers was able to have her welfare benefits reinstated May 31, but the court had yet to rule on her challenge at the time of her death.

"We feel that Kimberly's Charter case is vindicated," Ms. McGauley said. "Even though she didn't get a chance to bring it before the court."

With a report from Canadian Press

Copyright © 2002 Bell Globemedia Interactive Inc. All Rights Reserved.

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Webmaster's Note: Ms. Rogers' body was discovered on August 9th, not the 11th as indicated in the above story. There were 14 recommendations made from the Rogers Inquest Jury, not 13 as indicated above.