On August 9, 2001 Kimberley Rogers was found dead half way through a six-month house arrest sentence for welfare fraud. She was 40 years old and eight months pregnant. In October of 2002 an inquest determined she had died of an overdose of a drug prescribed for depression.
In April 2001 Kimberley was convicted of defrauding the welfare system of $13,500 between 1996-99. The overpayment had occurred over three years while she was attending college and receiving a student loan of $33,000. Kimberly put the student loan to good use and graduated in 2000 with a social services diploma. After graduation she found employment in a call centre, contacting people who had defaulted on their long distance charges. She left the job in January 2001 because of the stress of dealing with abusive customers.
Many questioned whether she would have been able to survive on the student loan alone, as well as pay it back, as her ability to earn money each summer was curtailed by repeated knee surgeries. One could also question whether she would have been able to exist on welfare payments alone. Undeclared assistance from her boyfriend and an unreported lowering of her rent by her landlord would have, if discovered, resulted in further cuts to her monthly welfare allowance that was already being clawed back by $52 per month towards the repayment of her student loan.
She was relieved that she was not sent to jail but instead was put under house arrest in her home for six months, to be followed by 18 months probation. She was allowed to leave only for medical or religious reasons, report to a supervisor, and shop for the necessities of life, but only on Wednesdays between 9 a.m. and noon. She was also ordered to pay back the welfare overpayments in full. The conviction also triggered an automatic three-month suspension of her welfare benefits. Kim swallowed her pride and launched a court Charter challenge of her welfare ban. A Toronto judge heard her and reinstated her benefits in the interim.
But even after her welfare was restored Kim had very little left every month after rent and the student loan claw-back. While the cost of food and rent had increased considerably over the past few years, welfare rates for a single person had remained frozen for the past seven years.
By May 2001 she had no food and she had used up her allotted one visit per month at the local food bank. She was also behind on her rent and her drug card had been suspended so she could no longer obtain medication for depression and nausea. By the end of August, with temperatures soaring to 30C in her small un-airconditioned apartment, Kimberly Rogers faced five more months of house detention. She would only made make it through two of them before she died.
The Canadian Association of Elizabeth Fry Societies (CAEFS), in coalition with several other women's groups, was granted standing at the Inquest into the death of Kimberly Rogers to address the underlying issues related to the prosecution of welfare fraud and the management of sentences for welfare fraud served in the community. The Coalition considered the key issues to be whether it is acceptable to incarcerate a person without the means to pay for food and shelter.
During the hearing, questions being asked were: do the punitive measures introduced by the Conservative government serve their stated purpose, to protect the system for those who really need it and prevent taxpayer dollars from being wasted? Or do the laws unfairly target the poor by making crimes out of survival strategies that are the last desperate resort of disadvantaged people?
The following information was taken from the News Release written by the CAEFS' Coalition on December 19, 2002.
“The CAEFS Coalition sought to call evidence that the criminal justice system's failure to consider the unique needs and circumstances of people charged with welfare fraud. In the case of Kimberly Rogers, the decision-makers failed to consider the impact of their decisions in light of her needs as a pregnant woman on welfare who had a history of chronic anxiety and undiagnosed depression. It was ruled during the inquest that there was no factual foundation for alleging systemic discrimination and the jury was limited as to what they might hear.
The evidence heard during the Kimberly Rogers' Inquest clearly pointed to the need for systemic changes. And although Canada had been censured by the United Nations for Ontario's failure to provide the necessities of life for its most vulnerable citizens, the CAEFS' Coalition was deprived of the opportunity to address the issues that it was granted standing for in the first place - the discriminatory treatment of women and people on social assistance in the criminal justice system.”
However, despite the foregoing, the inquest into the death of Kimberly Rogers did result in some critical recommendations for change. If you are interested in learning more about the recommendations and ensuring that the changes are made you can go to www.ontariondp.on.ca/issues/poverty/rogers.html where you can fill out a postcard asking that the advice given by the coroner's jury be implemented.
And if you would like to join the campaign to have welfare rates raised to a living level you can call the Minister of Social Services at 416-325-5225.
The Partner Intervention Program is the agency's newest program, established in 2002 as a pilot program. Funded by the Ministry of the Attorney General, this pilot project provides group counselling to women who have been charged within domestic violence situations and who are mandated to attend counselling for issues related to abuse and emotions management. The program runs three days per week and will continue as a pilot project until 2004 at which point it will be reassessed for future need.
The Partner Intervention Program was developed as a result of an increasing number of women being charged with assault in cases of domestic violence. Many of the women have been in abusive relationships and the action of defending themselves against physical abuse has resulted in charges being laid by the police who are called to the scene. Sometimes the woman and her partner are both charged. As a result of these circumstances, women face multiple barriers and risks such as: restriction from parts of the shelter system since they are now identified as perpetrators of violence; risk of losing employment, financial well-being and housing; risk of losing connection and custody of their children. Women are further shamed and victimized in their experience of the criminal justice system, particularly if they are incarcerated for any amount of time.
In addition to domestic violence situations, women who have convictions from other situations are referred by probation officers to attend an anger management and counselling program. In all, we are noticing two streams of treatment need with regard to women expressing anger in violent ways. There are women who are considered low risk of coming into conflict with the law. These clients are mainly those women who attempted to defend themselves in a violent situation. The women who would be identified as being at higher risk of coming into conflict with the law engage in behaviour that moves along the continuum toward that of primary aggressor.
The Partner Intervention Program is a psycho-educational mutual-aid support group for women who have anger related issues, may be in an abusive relationship, or have experienced past abuse. Referrals are accepted from probation officers and Woman Abuse Council intake coordinators at the Domestic Violence Courts. We will be spending time carefully assessing each woman's need and risk for abuse and/or further conflict with the law. The program will focus on the following themes: identifying and expressing emotions, problem solving, safety, social support systems, coping strategies, healthy relationships, self care, and community resources. Additionally, we will incorporate information with regard to the impact of children witnessing/experiencing violence within the home.
In February of 2003, women incarcerated at the Vanier Centre for Women in Brampton, Ontario were moved to one of Ontario's super-jails, the Maplehurst Correctional Centre in Milton. The women's unit at Maplehurst will be called the Vanier Centre for Women in Milton. Women incarcerated at the Metro Toronto West Detention Centre will also be housed in this prison later this year. This facility is the only prison in Ontario for women awaiting trail or serving sentences under two years.
The Elizabeth Fry Societies in Ontario have met and continue to meet with Ministry officials to try to minimize the difficulties such a facility will have on women incarcerated in this prison. But in spite of their continuing interaction, women awaiting trail and serving sentences will do so farther away from friends and families, pre-trial court appearances will be by way of video, making it more difficult for women to have meaningful contact with their lawyers and support workers such as the Elizabeth Fry Society courtworkers, and staff and volunteers who visit the prison will have to travel longer distances to see more women and provide more services.
The Elizabeth Fry Society of Toronto along with other E. Frys in Ontario will continue to visit the Vanier Centre for Women in Milton to monitor the conditions for women within the prison and to ensure that women in Ontario jails are not forgotten.
On December 9, 2002, the Elizabeth Fry Society of Toronto sponsored a public forum on issues affecting women in the criminal justice system. The event was entirely organized by the agency's Residential Team to provide up to date information on the following topics and to liaise with other social service agencies that work with women in conflict with the law and other difficult life situations. Topics included: recent changes to the Immigration Act and how these changes may impact on women who are not Canadian citizens, and how agencies can effectively work with women who have mental health or housing issues.
Guest speakers included Avvy Go, lawyer and executive director of the Metro Toronto Chinese Canadian and Southeast Asian Legal Clinic; Angela Robertson, Executive director of Sistering; Karen Letofsky, Co-executive of the Distress Centre; And Peggy-Gail DeHal, Community Legal Worker at Parkdale Community Legal Services Inc.
Approximately 100 people attended from many non-profit, women-centre organizations in and around the Toronto area.
In July 2002, the agency's Community team with the strong support of the Administrative team organized a special picnic at High Park to commemorate the agency's 50th anniversary of its incorporation in July 1952. Everyone involved with the agency, past and present, were invited including clients, staff, board members, volunteers, and other supportive members of the agency.
For several years, many of our supporters have been using E. Fry's community card when they purchase goods at Zellers and The Bay. For every dollar spent, E. Fry accumulates 100 Club Z points or HBC Reward points. We have been saving our points to purchase a new television for the educational work with our clients, staff and volunteers. We are happy to announce that we have now purchased a 27" RCA television, using up 2 million of our 2.5 million points. The remaining points and any additional points will be used to purchase other items as they become necessary. We would like to thank all of our supporters including our staff and volunteers for their participation. Everyone's ongoing support is very much appreciated and helps us efficiently run our many programs and services for women in the criminal justice system.
In past newsletters we have written about Velma Demerson's appeal to the Attorney General of Ontario to have the Female Refuges Act declared unconstitutional and to receive an apology and compensation for her treatment under the Act.
After many years of struggle for justice, Velma has finally received an apology from the Attorney-General! The official government letter apologized to her, her husband, and her son, who died at the age of 25. She also wants an apology for other women who may have gone through a similar ordeal.
Velma Demerson was arrested and put in jail in 1939 at the age of 19 for being "incorrigible", a definition under the Act that included being pregnant out of wedlock. During the time she spent in the Mercer Reformatory for Women, she was subjected to cruel and inhumane treatment. Her baby was born during her incarceration and was taken away from her. When she was released she was told that her "treatment" was necessary because she was pregnant and living unmarried with her Chinese-Canadian boyfriend. Velma married her boyfriend after her release from prison. They later found their son in the Hospital for Sick Children and took him home.
Velma is happy with the apology from the Attorney-General but says it is only a first step in addressing the wrongs directed against her. Financial compensation is still being sought for the state-sanctioned abuse that robbed her of her dignity and her pride at such an early age.
Over the past years, the Elizabeth Fry Society of Toronto has received generous donations from supporters who remembered us in their wills by designating specific bequests to the organization. In 2002, we were fortunate to receive a bequest from the estate of Dr. Phyllis Haslam, the agency's first and longest serving Executive Director. The special provision in the will of Dr. Haslam, that a specific amount of money be given to the Elizabeth Fry Society, is an example of planned giving.
Over the years, bequests have allowed us to do some of the things we might not otherwise have been able to do. For example, bequests allowed us to upgrade our computer system and plan major renovations to our building.
What exactly is a planned gift?
A planned gift is one that is promised now but often not realized until some time in the future. A planned gift can be made through a will, through an insurance policy by way of an annuity, or in the form of tangible property. In many cases, an organization does not receive any benefit from the gift until after the donor's death.
Planned giving donations are becoming increasingly popular in Canada. For many people, the day to day fiscal demands that they face often mean that there is not always as much money left over as they might wish to support their favourite charities. Making provision for donations in your will can allow you to make the type of donation you might have wanted to make but have been unable to do so. Planned giving donations are particularly appropriate for people who have assets such as houses or insurance policies and do not have to worry about ensuring that the entire body of their estate be used to provide for dependents.
A bequest can be made by simply adding a codicil or clause to a will, naming the charity as recipient of either a fixed amount or a percentage of an estate.
Other types of planned gifts can be gifts of property such as securities, real estate, or certified cultural property. One of our donors left a portion of the proceeds of the sale of her home after her death.
The proceeds of a life insurance policy can be designated for a charity. When a charity is named as the beneficiary of an existing life insurance policy, the donor receives a tax receipt for the cash value of the policy, when it is transferred, as well as for each premium payment thereafter. A donor may also purchase a new insurance policy and give it to the charity. A devoted supporter of E. Fry has chosen to do this and therefore, her yearly premium payment counts as her yearly donation to E. Fry. Upon her death, the organization will receive the full value of her policy.
With a charitable remainder trust, the donor transfers assets to a trustee (such as E. Fry) and receives a donation receipt, while also receiving the income earned from those assets. Upon the donor's death, the remaining principal is given to the named charity.
Possibly the ultimate statement of faith for the future of our organization that you, as a supporter of the Elizabeth Fry Society can make, is to leave a gift from your estate. Lawyers suggest that people review their wills every five years to take into account the changing situations of their lives. When next reviewing your will, please consider remembering the Elizabeth Fry Society of Toronto.
If you would like further information, please contact Barbara Yip or Jonathan Rudin, Directors of Development at 924-3708 ext. 502.
CONGRATULATIONS to staff member Gillian Crawford who gave birth to a son, Rogan James, on March 28, 2003. Mother, father and baby are all doing well.
The annual meeting for the agency's 2002 fiscal year which ended March 31, 2003, will take place in September 2003. Invitations will be mailed out to our members in August with date and location of this event.