Kimberly Rogers
Encyclopedia
Kimberly Rogers was a Canadian
whose death in 2001, while under house arrest
for welfare fraud
, caused extensive controversy around Ontario Works (the Ontario
government's welfare system). Rogers' death lead to an inquest
which recommended significant changes to the Ontario welfare system.
A resident of Sudbury, Ontario
, Rogers, who was unable to work full-time due to health issues, was receiving standard Ontario welfare benefits of $520 per month, while paying $450 per month in rent. From 1996 to 1999, she also received a total of $49,000 in student loan
s from the Ontario Student Assistance Program
(OSAP) to study social services at the city's Cambrian College
. Rogers was described as a dedicated and committed student, who graduated with a grade point average (GPA) of 3.5 (90%)
When Rogers first began her studies, receiving both welfare and student loans was entirely legal, and in fact even encouraged as a strategy to help welfare recipients return to the workforce — but the practice was banned in 1996 by the Progressive Conservative government of Mike Harris
as part of its welfare reform legislation. There was no evidence that Rogers was ever informed of the change in welfare regulations.
In the fall of 1999, the welfare office learned of her student loans, and ordered Rogers to repay $13,486 in benefits. With the overpayment automatically deducted from her monthly welfare cheque, Rogers was left with just $18 each month after paying her rent. As well, she was facing criminal charges for welfare fraud.
. Justice Greg Rodgers stated that she had engaged in "almost four years of deception and dishonesty."
"I am satisfied you did not lead an opulent lifestyle, even with these two sources of income," Justice Rodgers said in his verdict, "but welfare is there for people who need it, not for people who want it, who want things and who want money."
Rogers, who was pregnant
at the time of her trial, was sentenced to six months of house arrest, permitted to leave the house for medical, religious or shopping reasons only on Wednesday mornings, and for a maximum of three hours. She was also ordered to repay the full amount of her overpayment.
With the fraud conviction, Ontario Works suspended her welfare benefits for three months, leaving Rogers with no income to pay her rent, buy food or medication, or even pay her fine. (Around the same time, the Harris government increased the maximum penalty for welfare fraud to lifetime suspension — although this penalty did not directly affect Rogers' situation, it was reviewed in the subsequent inquest.)
s and drugs to alleviate pregnancy-related nausea
.
Sean Dewart
, a Toronto lawyer, launched a constitutional appeal on Rogers' behalf, successfully having Rogers' welfare suspension reversed by Justice Gloria Epstein. On May 31, Epstein ruled that "for a member of our community carrying an unborn child to be homeless and deprived of basic sustenance is a situation that would adversely affect the public — its dignity, its human rights commitments and its health care resources."
by an amitriptyline
overdose, and that Rogers may have altered her antidepressant prescription to ensure that she had a sufficient supply of medication to constitute a lethal dose. However, they were asked to review the impact of the government's welfare fraud policy on Rogers' decision to take her own life.
On December 19, the jury delivered its decision. Their first recommendation was that the lifetime suspension of benefits should be eliminated — temporary suspension would still be permitted as a penalty, but could no longer be imposed retroactively on a person whose fraud conviction predated the adoption of the legislation.
The jury also indicated that suspension and/or prosecution should not necessarily be automatic, but that each case should be evaluated by Ontario Works administrators and/or a stakeholder committee to determine the most appropriate response to the individual situation. As well, the jury ruled that drug benefits should not be suspended even when regular benefits were, that Ontario Works should make more effort to uncover fraud situations earlier so that the penalties had less emotional and financial impact on the recipient, and that the government should review the adequacy of social assistance rates, which until then had not been raised (not even by a simple cost of living adjustment) since the Harris government cut the rate to $520 per month in 1996.
As well, the jury made several recommendations to other government ministries. They ruled that the government had a responsibility to ensure that a person under house arrest had access to adequate shelter, food and medication, as well as an obligation to help individuals on probation
or parole
locate the appropriate community services to assist their adjustment back into society. They also recommended improved communication between government departments, in response to evidence that Justice Rodgers had not even known that a fraud conviction would lead to a suspension of Kimberly Rogers' benefits, and clearer communication to citizens of both the definition and the potential consequences of welfare fraud.
The jury also recommended several improvements in the province's medical system to prevent potential abuse, including the creation of a computer database network to improve pharmacies' access to a patient's prior prescription records. Doctors would also be asked to write out prescriptions in both number and text in order to reduce the possibility of prescriptions being altered, and to review the use of tricyclic antidepressant
s.
did not implement any of the Rogers inquest's recommendations before it was defeated in the 2003 provincial election
. Community and Social Services Minister
Brenda Elliott
dismissed the recommendations as unnecessary tinkering with a system that "was working effectively".
In early 2004, the government of Dalton McGuinty
implemented a three per cent increase in welfare rates, to be followed by an annual cost of living increase, and eliminated the lifetime suspension of benefits. However, the McGuinty government has not, to date, implemented most of the inquest's other recommendations.
Social Planning Council of Greater Sudbury chair Janet Gasparini, who had been a prominent media commentator in the Rogers case, was elected to Greater Sudbury City Council
in the 2003 municipal election
.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
whose death in 2001, while under house arrest
House arrest
In justice and law, house arrest is a measure by which a person is confined by the authorities to his or her residence. Travel is usually restricted, if allowed at all...
for welfare fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
, caused extensive controversy around Ontario Works (the Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
government's welfare system). Rogers' death lead to an inquest
Inquest
Inquests in England and Wales are held into sudden and unexplained deaths and also into the circumstances of discovery of a certain class of valuable artefacts known as "treasure trove"...
which recommended significant changes to the Ontario welfare system.
A resident of Sudbury, Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, Rogers, who was unable to work full-time due to health issues, was receiving standard Ontario welfare benefits of $520 per month, while paying $450 per month in rent. From 1996 to 1999, she also received a total of $49,000 in student loan
Student loan
A student loan is designed to help students pay for university tuition, books, and living expenses. It may differ from other types of loans in that the interest rate may be substantially lower and the repayment schedule may be deferred while the student is still in education...
s from the Ontario Student Assistance Program
Ontario Student Assistance Program
The Ontario Student Assistance Program is a financial aid program delivered by the government of Ontario, Canada, for post-secondary education students...
(OSAP) to study social services at the city's Cambrian College
Cambrian College
Cambrian College is a college of applied arts and technology in Greater Sudbury, Ontario, Canada. Established in 1967, and funded by the province of Ontario, Cambrian has campuses in Sudbury, Espanola and Little Current....
. Rogers was described as a dedicated and committed student, who graduated with a grade point average (GPA) of 3.5 (90%)
When Rogers first began her studies, receiving both welfare and student loans was entirely legal, and in fact even encouraged as a strategy to help welfare recipients return to the workforce — but the practice was banned in 1996 by the Progressive Conservative government of Mike Harris
Mike Harris
Michael Deane "Mike" Harris was the 22nd Premier of Ontario from June 26, 1995 to April 15, 2002. He is most noted for the "Common Sense Revolution", his Progressive Conservative government's program of deficit reduction in combination with lower taxes and cuts to government...
as part of its welfare reform legislation. There was no evidence that Rogers was ever informed of the change in welfare regulations.
In the fall of 1999, the welfare office learned of her student loans, and ordered Rogers to repay $13,486 in benefits. With the overpayment automatically deducted from her monthly welfare cheque, Rogers was left with just $18 each month after paying her rent. As well, she was facing criminal charges for welfare fraud.
Trial
On 25 April 2001, Rogers pleaded guilty to fraud before Justice Greg Rodgers of the Ontario Court of JusticeOntario Court of Justice
The Ontario Court of Justice is a Provincial Court for the Canadian province of Ontario. This court oversees matters relating to family law and criminal law....
. Justice Greg Rodgers stated that she had engaged in "almost four years of deception and dishonesty."
"I am satisfied you did not lead an opulent lifestyle, even with these two sources of income," Justice Rodgers said in his verdict, "but welfare is there for people who need it, not for people who want it, who want things and who want money."
Rogers, who was pregnant
Pregnancy
Pregnancy refers to the fertilization and development of one or more offspring, known as a fetus or embryo, in a woman's uterus. In a pregnancy, there can be multiple gestations, as in the case of twins or triplets...
at the time of her trial, was sentenced to six months of house arrest, permitted to leave the house for medical, religious or shopping reasons only on Wednesday mornings, and for a maximum of three hours. She was also ordered to repay the full amount of her overpayment.
With the fraud conviction, Ontario Works suspended her welfare benefits for three months, leaving Rogers with no income to pay her rent, buy food or medication, or even pay her fine. (Around the same time, the Harris government increased the maximum penalty for welfare fraud to lifetime suspension — although this penalty did not directly affect Rogers' situation, it was reviewed in the subsequent inquest.)
House arrest
With no source of income, Rogers struggled to survive. Her landlord temporarily agreed to reduce her rent to $300 a month, community groups such as the Elizabeth Fry Society and the Social Planning Council of Greater Sudbury rallied to find food and financial assistance for her, and her doctor lobbied the government to have drug benefits which had previously been covered by welfare reinstated because Rogers was unable to pay for her prescribed medications, including antidepressantAntidepressant
An antidepressant is a psychiatric medication used to alleviate mood disorders, such as major depression and dysthymia and anxiety disorders such as social anxiety disorder. According to Gelder, Mayou &*Geddes people with a depressive illness will experience a therapeutic effect to their mood;...
s and drugs to alleviate pregnancy-related nausea
Nausea
Nausea , is a sensation of unease and discomfort in the upper stomach with an involuntary urge to vomit. It often, but not always, precedes vomiting...
.
Sean Dewart
Sean Dewart
Cecil Sean McWilliam Dewart is a lawyer in Toronto, Canada. He is a partner in the Toronto law firm, Dewart Gleason LLP. He was counsel on a number of high profile cases, including Jane Doe v. Metropolitan Toronto Commissioners of Police, Rogers v. Sudbury , and Payne v...
, a Toronto lawyer, launched a constitutional appeal on Rogers' behalf, successfully having Rogers' welfare suspension reversed by Justice Gloria Epstein. On May 31, Epstein ruled that "for a member of our community carrying an unborn child to be homeless and deprived of basic sustenance is a situation that would adversely affect the public — its dignity, its human rights commitments and its health care resources."
Death
Rogers' body was found in her apartment 9 August 2001 by her boyfriend, Terry Pyhtila. Eight months pregnant, she had been dead for several days in an apartment without air conditioning. Her death led to extensive controversy and outrage in Ontario and across Canada, and a formal inquest was convened in October 2002.Inquest
On its first day, the inquest was informed that the actual cause of Rogers' death was suicideSuicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
by an amitriptyline
Amitriptyline
Amitriptyline is a tricyclic antidepressant . It is the most widely used TCA and has at least equal efficacy against depression as the newer class of SSRIs...
overdose, and that Rogers may have altered her antidepressant prescription to ensure that she had a sufficient supply of medication to constitute a lethal dose. However, they were asked to review the impact of the government's welfare fraud policy on Rogers' decision to take her own life.
On December 19, the jury delivered its decision. Their first recommendation was that the lifetime suspension of benefits should be eliminated — temporary suspension would still be permitted as a penalty, but could no longer be imposed retroactively on a person whose fraud conviction predated the adoption of the legislation.
The jury also indicated that suspension and/or prosecution should not necessarily be automatic, but that each case should be evaluated by Ontario Works administrators and/or a stakeholder committee to determine the most appropriate response to the individual situation. As well, the jury ruled that drug benefits should not be suspended even when regular benefits were, that Ontario Works should make more effort to uncover fraud situations earlier so that the penalties had less emotional and financial impact on the recipient, and that the government should review the adequacy of social assistance rates, which until then had not been raised (not even by a simple cost of living adjustment) since the Harris government cut the rate to $520 per month in 1996.
As well, the jury made several recommendations to other government ministries. They ruled that the government had a responsibility to ensure that a person under house arrest had access to adequate shelter, food and medication, as well as an obligation to help individuals on probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
or parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
locate the appropriate community services to assist their adjustment back into society. They also recommended improved communication between government departments, in response to evidence that Justice Rodgers had not even known that a fraud conviction would lead to a suspension of Kimberly Rogers' benefits, and clearer communication to citizens of both the definition and the potential consequences of welfare fraud.
The jury also recommended several improvements in the province's medical system to prevent potential abuse, including the creation of a computer database network to improve pharmacies' access to a patient's prior prescription records. Doctors would also be asked to write out prescriptions in both number and text in order to reduce the possibility of prescriptions being altered, and to review the use of tricyclic antidepressant
Tricyclic antidepressant
Tricyclic antidepressants are heterocyclic chemical compounds used primarily as antidepressants. The TCAs were first discovered in the early 1950s and were subsequently introduced later in the decade; they are named after their chemical structure, which contains three rings of atoms...
s.
Aftermath
The government of Ernie EvesErnie Eves
Ernest Lawrence "Ernie" Eves was the 23rd Premier of the province of Ontario, Canada, from April 15, 2002, to October 23, 2003.-Beginnings:...
did not implement any of the Rogers inquest's recommendations before it was defeated in the 2003 provincial election
Ontario general election, 2003
The Ontario general election of 2003 was held on October 2, 2003, to elect the 103 members of the 38th Legislative Assembly of the Province of Ontario, Canada....
. Community and Social Services Minister
Ministry of Community and Social Services (Ontario)
The Ministry of Community and Social Services in the Canadian province of Ontario is responsible for social services such as welfare, and disability insurance and community service programs around issues such as homelessness, domestic violence, spousal support, adoption, and assisted housing for...
Brenda Elliott
Brenda Elliott
Brenda Elliott is a politician in Ontario, Canada. She served in the Legislative Assembly of Ontario as a Progressive Conservative from 1995 to 2003, and was a cabinet minister in the governments of Mike Harris and Ernie Eves....
dismissed the recommendations as unnecessary tinkering with a system that "was working effectively".
In early 2004, the government of Dalton McGuinty
Dalton McGuinty
Dalton James Patrick McGuinty, Jr., MPP is a Canadian lawyer, politician and, since October 23, 2003, the 24th and current Premier of the Canadian province of Ontario....
implemented a three per cent increase in welfare rates, to be followed by an annual cost of living increase, and eliminated the lifetime suspension of benefits. However, the McGuinty government has not, to date, implemented most of the inquest's other recommendations.
Social Planning Council of Greater Sudbury chair Janet Gasparini, who had been a prominent media commentator in the Rogers case, was elected to Greater Sudbury City Council
Greater Sudbury City Council
Greater Sudbury City Council is the governing body of the City of Greater Sudbury, Ontario, Canada.The council consists of the mayor plus a twelve-person council. The city is divided into twelve wards; each ward is represented by one councillor...
in the 2003 municipal election
Greater Sudbury municipal election, 2003
The Greater Sudbury municipal election, 2003 was held in the city of Greater Sudbury, Ontario, Canada on November 10, 2003. All municipal elections in the province of Ontario are held on the same date; see Ontario municipal elections, 2003 for elections in other cities.The election chose the mayor...
.
External links
- DAWN Ontario's Kimberly Rogers "Justice with Dignity" campaign (includes links to many media articles about the Rogers case)