Kimberly Rogers Inquest Alerts

Kimberly Rogers Inquest - Wed. October 30 - Day 12
Ontario Social Safety NetWork (OSSN) Summary

Testimony was given today by two of the Crown attorneys who dealt with the prosecution of Kimberly Rogers for welfare fraud. They both stated that a conditional sentence of six months with a curfew (or house arrest), with probation, community service hours and restitution, was appropriate as a deterrent because of the serious nature of Ms. Rogers' crime. They testified that there was a re-trial conference at which it was indicated that Ms. Rogers would be pleading guilty, and it was agreed that the Crown and defence would both agree that the house arrest sentence should be imposed

On the day of the sentencing hearing, the Crown attorney learned that Kimberly Rogers was on assistance and having the overpayment deducted; that she was pregnant and due in August, that she lived alone and was paying $450 for rent out of a welfare cheque of $485. During the hearing itself, the Crown, the defence lawyer, and the judge all learned that she would be subject to a three month ban on receiving welfare once convicted. This must have been the first time Ms. Rogers herself learned that.

During questioning by Cindy Wilkey, lawyer for OSSN/SCSA, the representatives for the Attorney General and the Ministry of Public Safety and Security both objected to questions related to the lifetime ban. They argued that since Ms. Rogers was not subject to the lifetime ban, but to a three month ban, we should not be allowed to ask questions or make recommendations concerning the lifetime ban. The Coroner ruled that since the purpose of recommendations is to try to prevent future deaths, and the lifetime ban would affect a person in Ms. Rogers' circumstances today, that we can deal with the lifetime ban.

A memo sent to all Crown attorneys in the province concerning the lifetime ban was entered into evidence. This memo was sent out by email on October 28, 2002, two days ago, advising all crowns that the lifetime ban applies to all social assistance fraud committed since April, 2000.

Nancy Vander Plaats
Ontario Social Safety Network (OSSN)
http://dawn.thot.net/ossn