Kimberly Rogers Inquest Alerts

Ease curbs on welfare cheats, jury says
40-year-old pregnant woman died of overdose
while serving house arrest

by James McMartin
Canadian Press

The Toronto Star
Thursday, December 19, 2002 - 5:03 pm

SUDBURY - Ontario's "devastating and detrimental" zero-tolerance crackdown on welfare cheats should be scrapped, a coroner's jury said today, but the government immediately said no.

And social activists said they feared the province's policy of withholding benefits from people who defraud the system will lead to more deaths.

The five-member jury found that Kimberly Rogers took her own life with an overdose of antidepressants last year while serving a six-month conditional sentence for welfare fraud in her Sudbury, Ont., apartment.

"She died trying to survive," her sister, Lynn Mayor, said.

"Kim did not deserve to die locked up like this, under house arrest."

Rogers, 40, was eight months pregnant when she died.

Her welfare benefits had been suspended, albeit temporarily - the lifetime ban was not in effect at the time of her offence - but the effect was ultimately the same, the jury decided.

The jury recommended an end to both the lifetime welfare ban and to temporary bans for anyone convicted of fraud before April 2000.

In addition, it advocated giving welfare administrators the power to use discretion when deciding whether to cut off a recipient's benefits.

A cheer went up from the audience when coroner David Eden read the key recommendation, one of 14 aimed directly at a government long assailed for what many consider a lack of compassion for the province's less fortunate.

"Evidence indicates that this (ban) would have a devastating and detrimental effect on our society," Eden said as he read the jury's rationale for lifting the ban.

Community Services Minister Brenda Elliott said she'd review the recommendations, but staunchly defended the government's policies.

"We think the welfare reforms are working," she said from Guelph, Ont.

"We are not contemplating changes to the policy of zero tolerance."

Mayor said the Rogers family had been considering a constitutional challenge of Ontario's strict new welfare laws before her sister died.

"We never made it," she sobbed.

Coroner's counsel Al O'Marra said the evidence during the eight-week inquest showed Rogers still had to live her life, even though her only source of income was cut off.

"She was without any resources, any income," O'Marra said. ``And yet, (she was) required to remain in a residence that required the payment of rent ... and the purchase of food."

Among the jury's other recommendations:

- Ontario's Public Security Ministry should ensure those serving house arrest have adequate housing, food and medication;

- Allow welfare recipients who are convicted of fraud to continue to receive benefits for drug therapy for medical conditions;

- A re-evaluation by the Community Services Ministry of current social assistance rates;

- Educate physicians on the potential risks of "tri-cyclic" antidepressants such as those Rogers had been taking;

- Require doctors to use both digits and longhand ("40" and "forty") when filling out prescription forms, to prevent tampering.

Her conditional sentence allowed Rogers to leave her apartment for three hours each week and to attend medical appointments and religious events.

She could also request permission to leave the apartment for other reasons.

Rogers' mother, Myrel Caetano, said she was pleased with the jury's findings and optimistic the Ontario government would take the necessary action to prevent further tragedies.

"They better do something, because this is not called for," she said. If not, "it'll happen again, I'm sure, but let's hope not."

The pain will likely never go away, Caetano added.

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

Grace Kurke, a Sudbury lawer who represented Rogers' interests at the inquest, said lifting the ban would be politically smart.

"It certainly would show a lot of integrity on the part of the government to do it; it's a simple thing," she said.

Opposition politicians attacked Elliott's response.

"I'm very disappointed that the minister would react as quickly as she has . . . and not be more careful to consider the reason why the recommendations have come forward," said Liberal critic Leona Dombrowsky.

NDP critic Marilyn Churley called the evidence at the inquest ``absolutely damning."

"This is a moment when this government can make different choices than it has already made," added poverty activist Jacquie Chic.

"It's a moment when it must make different choices ... to prevent future deaths."

While the Conservative government that first began its crackdown on welfare in 1997 is still in power, a lot of changes have taken place since Ernie Eves took over as premier from Mike Harris, Kurke added.

"I think they're capable of doing this reversal," she said.

O'Marra said the ministries targeted by the recommendations will be asked to respond for a report to be released in a year's time on which - if any - of the suggestions are being enacted.

source URL: Toronto Star