On December 3, 1999 following a preliminary inquiry that lasted seven months, Ontario Provincial Court Judge Mary Hogan discharged a Catholic Children’s Aid Society social worker who had been charged with criminal negligence causing death. The criminal charge arose from a case that the social worker handled involving a young homeless mother and her newborn son. The infant, who was five weeks old, died from chronic starvation. The social worker was charged criminally as a result of the child’s death as it was alleged that she omitted to adequately protect the child, thereby breaching the duty imposed upon her employer, the Catholic Children’s Aid Society, under the Child and Family Services Act. The child’s mother was also charged.
This case marks the first time in Canadian history that a professional social worker has been charged with criminal negligence. Judge Hogan’s landmark decision affects all professionals who may be at risk of being prosecuted if an individual under their care or supervision is seriously injured or dies.
Over 100 witnesses testified at the preliminary inquiry, including medical professionals and child welfare experts. Judge Hogan concluded that since there was no evidence on each of the essential elements of the offence, the social worker should not be committed for trial. The Court determined that there was no evidence that the social worker’s handling of the case constituted a marked or substantial departure from the standard of a reasonable social worker and that there was no evidence of a wanton or reckless disregard for the child’s life. On the contrary, Judge Hogan concluded that the social worker had in fact acted reasonably and had turned her mind to all appropriate risks in her efforts to protect the child.
Frank Marrocco, Q.C., Glenn Hainey, Lynn Mahoney and Andrea Himel of Smith Lyons successfully acted for the social worker. Warren Thompson of the Crown Attorney’s office in Toronto acted for the prosecution. Paula Rochman of Rochman Bawden acted for the child’s mother.
This case marks the first time in Canadian history that a professional social worker has been charged with criminal negligence. Judge Hogan’s landmark decision affects all professionals who may be at risk of being prosecuted if an individual under their care or supervision is seriously injured or dies.
Over 100 witnesses testified at the preliminary inquiry, including medical professionals and child welfare experts. Judge Hogan concluded that since there was no evidence on each of the essential elements of the offence, the social worker should not be committed for trial. The Court determined that there was no evidence that the social worker’s handling of the case constituted a marked or substantial departure from the standard of a reasonable social worker and that there was no evidence of a wanton or reckless disregard for the child’s life. On the contrary, Judge Hogan concluded that the social worker had in fact acted reasonably and had turned her mind to all appropriate risks in her efforts to protect the child.
Frank Marrocco, Q.C., Glenn Hainey, Lynn Mahoney and Andrea Himel of Smith Lyons successfully acted for the social worker. Warren Thompson of the Crown Attorney’s office in Toronto acted for the prosecution. Paula Rochman of Rochman Bawden acted for the child’s mother.
Lawyer(s)
Paula A. Rochman
K. Lynn Mahoney
Andrea J. Himel
Frank N. S. Marrocco