Sudbury city council and other Ontario municipalities warned the Tory government imposing a lifetime ban on people convicted of welfare fraud should be reconsidered because it would endanger children, a coronerÂ?s inquest heard Thursday.
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Despite protests from a dozen Ontario cities, the Tory government never responded to those concerns, testified Harold Duff, veteran director of Social Services responsible for administering the Ontario Works program within the City of Greater Sudbury.
Duff was testifying at the coronerÂ?s inquest into the death of Kimberly Rogers, who was sentenced to six months of house arrest, 18 months probation and ordered to pay restitution after pleading guilty to collecting $13,5000 in welfare benefits while collecting $32,000 in student loans between 1996 and 1999. She pleaded guilty to one count of theft over $5,000 on April 25, 2001.
Rogers was eight months pregnant when her body was found Aug. 9, 2001.Rogers died from an overdose of anti-depressants. She suffered from chronic depression, migraine headaches, panic attacks, insomnia and physical pain following 1997 knee surgery.
Because her conviction for welfare fraud took place before April 1, 2000, Rogers was automatically suspended from collecting welfare benefits for three months.
A Toronto judge reinstated her benefits following a successful court challenge one month after her conviction.
Every social services department in Ontario received a directive in March 2000 with information and legislation how anyone convicted of welfare fraud after April 1, 2000 would be subject to a lifetime ban, said Duff.
Concern was immediately raised about the ramifications for children if a parent were subject to a lifetime ban. A committee was formed involving social services management, city staff and legal counsel.
The committee presented a motion to city council stating zero tolerance for welfare fraud and the lifetime ban was too severe a penalty. Council unanimously passed the motion Oct. 25, 2000, said Duff.
The committee discovered a dozen other city councils across Ontario had passed similar resolutions.
On Nov. 2, 2000, then Regional Chair Frank Mazzuca sent a letter to John Baird, minister of Community and Social Services, detailing councilÂ?s deep concern about the lifetime ban and its potentially devastating effects on children, said Duff.
Â?We have not received any response to date,Â? said Duff.
The committee to deal with this issue was suspended with the transition to the new City of Greater Sudbury.
A single mother of three children on Ontario Works benefits would currently receive between $1,200 and $1,300 a month, said Duff.
If the parent was convicted of welfare fraud, about $400 would be deducted from her monthly cheque, leaving a family of four with only $800 a month to live on, said Duff.
This hypothetical family would get the $800 to be dispersed by a trustee hired by the city, said Duff.
In his long tenure as head of social services, the city hasnÂ?t had to hire a trustee in a case of welfare fraud, he said.
A case worker would inform the parent about contacting community agencies that could help, said Duff.
Provincial legislation doesnÂ?t allow municipalities to disperse additional funding for these families under any circumstances, said Duff.
When Rogers was convicted of welfare fraud, his department decided to take 10 per cent of her monthly $520 cheque to begin restitution, said Duff.
The province allows a deduction of no less than five per cent with a maximum of 10 per cent and itÂ?s been a longstanding policy in Sudbury to claw back the maximum allowed, said Duff.
Â?We in Sudbury take fraud very seriously.Â? Clawing back the maximum allowed by law Â?sends a message we take this very seriously,Â? he said.
Numerous agencies such as the ChildrenÂ?s Aid Society and Sudbury and District Health Unit have publicly denounced the lifetime ban and its effects on children, but it hasnÂ?t resulted in any change in legislation, said Duff.
Duff will finish his cross-examination today.
The inquest will be suspended next week and is expected to be completed the week of Nov. 18-22.
