Judge putting human face on Ontario pathology probe
Will meet with families who suffered wrongful convictions
Last Updated: Monday, June 18, 2007 | 12:00 PM ET
CBC News
Meetings with families affected by wrongful convictions resulting from 20 years of bad forensic evidence "will anchor my work in real, human experience," a judge reviewing Ontario's standards of pediatric pathology said Monday.
But the commissioner leading the provincial inquiry said the private sit-downs are only meant to help him better grasp the horrors of being criminally charged as a result of flawed pathology, and won't have any formal bearing on his final report.
"They must take place in private; they will neither be part of the formal hearing process nor form a basis for my fact-finding," Justice Stephen Goudge said in his first public statement outlining the mandate for the inquiry.
Goudge, a Superior Court judge, said his goal for the public inquiry — which looks at a 20-year span of Ontario pathology from 1981 to 2001 — was to improve standards so that no person will ever have to endure a wrongful prison sentence because of a pathologist's mistakes.
The commission will not report on any individual cases, and overturning or appealing convictions are not part of the inquiry's mandate, he added.
The inquiry stems from the case of former chief pathologist Charles Smith, who Ontario's chief coroner found had erred in 20 out of 45 investigations involving the suspicious deaths of children.
Dr. Barry McLellan concluded in April that Smith often submitted questionable evidence that often — and probably erroneously — suggested foul play. The evidence cast doubt on at least 13 convictions, McLellan ruled.
Some of those convicted have been behind bars for years. Smith had been performing autopsies from 1991 up until 2002 at Toronto's Hospital for Sick Children, where he headed the pediatric forensic unit.
Protective custody
Bill Mullins-Johnson spent a dozen years in protective custody after being convicted of murdering his niece Vallin, 4. Attorney General Michael Bryant acquitted him in April.
Mullins-Johnson always denied Smith's accusation that he sexually assaulted and murdered his niece. In jail, he resisted intense pressure to take part in programs for sexual offenders.
"I would tell them I am an innocent man in jail and they would tell me, 'You are in denial,' this kind of thing, 'He's in denial, he's in denial, he's in denial,'" Mullins-Johnson said. "When you are up against that kind of barrier, it's very hard."
Goudge will begin the inquiry later this week, starting with the first meetings with families. He will conduct further interviews with families in August.
Share Tools
Top News Headlines
- Aylmer triple stabbing leads to first-degree murder charges

- The estranged partner of a young mother who was stabbed to death along with her parents at their home in Aylmer, Que., has been charged with first-degree murder Friday. more »
- Wildfires, high winds put northeastern Ontario on alert
- It's going to be a tense weekend in northeastern Ontario where strong, shifting winds have been fuelling a forest fire that has blanketed the Timmins area with smoke and ash. more »
- Labrador fire out of control
- A forest fire continues to burn out of control in Happy Valley-Goose Bay today, according to provincial firefighting officials. more »
- The risks and responsibilities of taking on Mt. Everest

- The deaths of five climbers last weekend on Mt. Everest, with more summits underway this weekend, fuels the debate about the risks and responsibilities of high altitude climbing. more »
Latest Canada News Headlines
- Canada ending 'Buffalo shuffle' for visas, closing consulate
- The federal government is shutting the Canadian consulate in Buffalo less than two years after costly renovations, while dropping a requirement for visas to be renewed outside the country, CBC News has learned. more »
- Wildfires, high winds put northeastern Ontario on alert
- It's going to be a tense weekend in northeastern Ontario where strong, shifting winds have been fuelling a forest fire that has blanketed the Timmins area with smoke and ash. more »
- Labrador fire out of control
- A forest fire continues to burn out of control in Happy Valley-Goose Bay today, according to provincial firefighting officials. more »
- B.C. premier unhappy with disgraced Mountie's transfer
- B.C. Premier Christy Clark says she is not happy with the RCMP decision to transfer a disgraced Alberta Mountie to the West Coast. more »
The National
The Current
- What does it take to get fired at the RCMP? May. 25, 2012 5:02 PM After a senior Mountie was demoted for disgraceful conduct including sex with subordinates, exposing himself and drinking on the job, some former employees wonder what you have to do to get fired.
- Aylmer triple stabbing leads to first-degree murder charges
- Everest victim's husband says family not seeking government help
- B.C. premier unhappy with disgraced Mountie's transfer
- Canada ending 'Buffalo shuffle' for visas, closing consulate
- What a Greek euro exit could mean for Canada
- The risks and responsibilities of taking on Mt. Everest
- Police probe Halifax homicide after shooting
- Ottawa man in hospital after lightning strike
- RCMP officer charged in fatal crash

