Families affected by the flawed autopsies of coroner Dr. Charles Smith are eligible for compensation from the Ontario government, Attorney General Chris Bentley announced Tuesday.
So-called ‘recognition payments' of up to $250,000 will be awarded to 19 people wrongly convicted in children's deaths in part because of Smith's work.
"This is our way of providing recognition to some of the hurt, some of the pain, some of the anguish that those people affected by flawed pediatric pathology in those cases," Bentley said Tuesday at a news conference.
Tuesday's announcement follows a judicial inquiry into Smith's work, which resulted in numerous people being sent to jail in connection with the death of their children.
People who have been either investigated, convicted or charged can apply for compensation.
Children of parents wrongly convicted, resulting in the child being removed from the home, can receive up to $25,000. Other relatives are eligible for up to $12,500.
Retired judge Chester Misener has been charged with reviewing the cases. He will make decisions within 90 days.
"We want to give recognition to the harm, the suffering and to provide a payment to those whose lives were affected," Bentley said.
William Mullins-Johnson spent 12 years in prison after being wrongfully convicted of the rape and murder of his four-year-old niece, but had his conviction quashed by the Ontario Court of Appeal in 2007.
He has launched a $13-million lawsuit against six doctors, including Smith.
Bentley said the payments won't affect any civil lawsuits -- although he did say the amount of the payment would be deducted from any eventual settlements in such cases by a civil court or under federal-provincial-territorial fund guidelines.
The minister said he's asked his officials to expedite the handling of such cases. He hoped they would be all wrapped up within two years -- either from this date or from the time a matter has been concluded before the criminal courts.
In October 2008, Justice Stephen Goudge delivered a hard-hitting report on the wrongful convictions that resulted from Smith's work.
The government said at the time that it would adopt all of Goudge's recommendations for pediatric forensic pathology, including a new death investigation oversight panel.
Reporters did ask about the apparent delay with respects to the recognition payment.
"What we were asked to do by Justice Goudge was to see if there was some sort of system we could devise outside our civil litigation system … that would be more expeditious and that would attempt meet the needs of this very disparate and very different group of individuals," Bentley said.
This approach offers a no-risk benefit for the affected individuals, he said.
Those who believe they are entitled to more money can purse their claims through the civil justice system, he said.
"It's regrettable that it's taken almost two years for the government to come up with a compensation program," said David Robins, lawyer for William Mullins-Johnson.
"But no doubt, from the victim's perspective, the offer of compensation will be welcome."
Peter Wardle, who represents four families, said Bentley's apology was also meaningful for them.
With a report by CTV Toronto's John Musselman and files from The Canadian Press
