Dedicated to Kimberly Rogers

In April 2001, Kimberly Rogers was convicted of welfare fraud for receiving student loans while collecting social assistance. The money helped pay for four years of community college. She earned a diploma in social services in April 2000. The welfare office determined an overpayment of $13,468.31.

After her conviction, she was automatically suspended from receiving social assistance benefits for three months. The penalty was harsh:

• sentenced to six months of house arrest with no money to pay the rent;
• allowed out of her apartment only three hours a week, except with permission “for shopping for necessities of life” although she had no money to do so;
• expected to repay $13,468.31;
• 18 months probation;
• loss of the right to have part of her student loan forgiven;
• and, of course, no income at all for three months.

At the time of her conviction, Kimberly Rogers was five months pregnant and was suffering from a number of medical conditions for which she required prescribed medication. When her benefits were cancelled, her Ontario Works prescription drug card was also cancelled.

Charter Challenge

On May 14, 2001 Kimberly Rogers launched an important case under the Charter of Rights and Freedoms that challenged the constitutional validity of the Ontario Works regulations that cancelled her benefits after her conviction. The grounds for the Charter challenge were:

• Cruel and unusual punishment and treatment.
• Violation of Charter guarantees to life, liberty and security of the person.
• Violation of the Charter’s equality provision.
• Violation of Canada’s international covenants.

On May 31^st, 2001, Justice Epstein granted a temporary injunction reinstating Ms Rogers’ benefits.

Not Enough Money

Even after her benefits were reinstated Kimberly Rogers did not have enough money to support herself and her unborn child. She received Ontario Works Benefits of $520.00 per month, minus $52.00 to repay the overpayment. Her rent was $450.00 per month, leaving $18.00 a month for food and everything else.

The mandates and limited funding of many charitable organizations in Sudbury could not address all of Ms Rogers’ needs. Unfortunately, even with their involvement and the reinstatement of her benefits, she was still in dire straights. Ms Rogers could not access nor could she afford fresh fruits, vegetables, or meat on a regular basis.

She was alone and pregnant, with no money.
Is deprivation of basic needs a suitable penalty for any crime?
On August 9, 2001 Kimberly Rogers and her unborn child were found dead in her apartment.
A Coroner’s Inquest began in Sudbury October 15, 2002. On December 19, 2002 the Jury released the following recommendations: