Kimberly Rogers Inquest Alerts

Caseworker met Rogers only once
In their one meeting, Sudbury woman was not told about a diet allowance

by Eli Schuster
Osprey Media Group Inc.
Thursday, November 07, 2002

Sudbury - Kimberly Rogers was not informed by her Ontario Works caseworker of the consequences of committing welfare fraud, or that she could have qualified for a special $43-a-month post-natal diet allowance.

Rogers’ case worker, Laurie Pednaud, testified Wednesday at the inquest into Rogers’ death that her first and only meeting with Rogers took place in March 2001 and lasted about 40 minutes.

The two women later attempted to contact one another by the telephone on a few occasions to discuss Rogers’ benefits, but were unable to do so. Rogers informed Pednaud she was scheduled to go to court to face a fraud charge, and Pednaud replied the court appearance would not affect Rogers’ date of eligibility.

Rogers, 40, died of an overdose of anti-depressants in her Sudbury apartment during a heat wave in August 2001 while serving a six-month conditional sentence for welfare fraud.

Amended several times over the past two years, the Ontario Works application form signed by Rogers in March 2001 did not then include information on the consequences of committing welfare fraud, or the special mother’s allowance diet supplement, which was cancelled by the provincial government in the fall of 1999, but continued by local authorities. Applying for the supplement was Rogers’ responsibility.

Pednaud admitted the volume of information a welfare applicant must sift through is extensive, but said she typically reviews the forms with her clients in a general way and does not often get into details.

Asked by Crown Attorney Al J.C. O’Marra if she explained the consequences of committing welfare fraud to Rogers, Pednaud replied: “Fraud specifically as an issue, no.”

Asked if she discusses fraud to clients in her work today, she answered: “It really depends on the situation.”

Pednaud added that an interview with an applicant can last anywhere from 30 minutes to 2-3 hours in length, and applicants are free to ask questions at any time, either during the interview or to an information telephone line.

Rogers’ case worker testified that most of Ontario Works’ training sessions consist of teaching basic computer skills, or getting clients to finish high school, yet the agency does not have much to offer clients — such as Rogers — who hold post-secondary degrees, aside from getting them into the workforce.

“We don’t mandate post-secondary education,” said Pednaud, adding Ontario Works encourages clients to apply for student loans and bursaries, but cannot pay for post-secondary studies.

Rogers was pregnant and clinically-depressed when she applied for welfare in March 2001, and was thereby exempt from any mandatory work requirements. Even so, Rogers temporarily had her May welfare cheque withheld from her when she failed to show up for a mandatory information session.

Pednaud described the session as “just an overview” of the welfare system, which is “designed to empower the client” and provide some options. Rogers eventually attended a session, but Pednaud said the cheque might not have been withheld if Rogers had provided a valid reason for why she could not attend.

Asked if she put such a question to Rogers, Pednaud replied: “I don’t recall.”

The morning session consisted mostly of Pednaud answering questions about the Ontario Works application process, a review of the agency’s Rights and Responsibilities documents, as well as some legal wrangling.

At one point, attorney Jennifer Scott, representing a number of groups, including the Women’s Legal Education and Action Fund, objected to a line of O’Marra’s questioning, noting Pednaud had only met Rogers once for a short time.

O’Marra replied he found the objection “confusing,” and “totally without substance.”

Clarification: Paul Stern, a Toronto lawyer for the Ontario Court of Justice, said incorrect information about the terms of Kimberly Rogers’ house arrest has been widely reported.

Stern said that Rogers was allowed three hours a week on Wednesdays to shop for necessities, but that she was free to not only attend medical appointments and religious services at any time, but for any other purposes that were permitted by her supervisor.

Rogers did not have to schedule medical or religious appointments from 9 a.m. to noon on Wednesdays, he said.