Kimberly Rogers Inquest Alerts

Ontario to maintain lifetime welfare ban

by Murray Campbell and Keith Lacey
Globe and Mail
Friday, December 20, 2002

TORONTO and SUDBURY -- The Ontario government will stick with its strict welfare policies despite a coroner's jury recommendation that it lift the lifetime ban on benefits imposed on anyone convicted of fraud.

The five-member panel investigating the death of Kimberly Rogers concluded yesterday that the zero-tolerance crackdown on welfare cheats was "devastating and detrimental" and should be scrapped.

But Community Services Minister Brenda Elliott immediately poured cold water on the finding, one of 14 the jury made after listening to more than 40 witnesses during the Sudbury inquest.

"We will review the recommendations in detail," she said in an interview. "At this point, we're not contemplating any change in the policy of zero tolerance."

The jury ruled that Ms. Rogers committed suicide by taking an overdose of an antidepressant.

At the time of her death in August, 2001, she was eight months' pregnant and halfway through a six-month conditional sentence for welfare fraud that allowed her to leave her house for only three hours a week. She had earlier been convicted of collecting $13,500 in welfare at the same time as she received $32,000 in student loans while attending community college.

Her body was found in her Sudbury apartment during a record heat wave. A pathologist testified that she had been dead for two or three days.

Her welfare benefits had been suspended, in keeping with the Progressive Conservative government's policy of getting tough on welfare cheats. The ban was not in effect at the time of her death because her case was under appeal. She was collecting $468 a month and after paying her rent had just $18 to cover all her other expenses.

"Kim did not deserve to die locked up like this, under house arrest," said her sister, Lynn Mayor.

The jury decided that the ban was a contributing factor in Ms. Roger's death. The audience cheered when coroner David Eden read the key recommendation.

"Evidence indicates that this [ban] would have a devastating and detrimental effect on our society," he said.

Recommendations in Rogers case

Among the other recommendations issued by the jury in the Kimberly Rogers inquest:

Administrators should be allowed to exercise discretion in suspending Ontario Works welfare benefits in instances that could be life-threatening to the client.

Physicians should be educated on the potential risks of certain drugs used to treat depression.

Ontario Works should continue efforts to detect fraud earlier so that corrective measures needn't go as far as prosecution.

A model should be developed to assess whether allegations of welfare fraud should be referred for prosecution.

Ontario Works drug benefits for treatment of medical conditions that threaten life or cause serious symptoms should not be discontinued during any welfare-fraud suspension.

The government should consider setting up a computer program in which pharmacies could access a patient's drug-dispensing records from other drugstores. Pharmacists should be required to notify the prescribing physician of any attempts by patients to alter a prescription.

Physicians should be encouraged to write out prescriptions in both digits and longhand to prevent any alteration in quanity.

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