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[This edited version of the report has been prepared by Dr Robert N Moles]

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On 22 August 2007 Andrew Seymour of The Ottawa Citizen reported “'Staffing issues' mean victims' bodies must be sent to Kingston or Toronto”

He said homicide autopsies were being done elsewhere. Autopsies of homicide victims are no longer being conducted in Ottawa after a decision to send all criminal death investigations to forensic pathologists in Kingston or Toronto instead. Dr Andrew McCallum, the regional coroner for Eastern Ontario, said yesterday that "staffing issues," coupled with the lack of a full-time, permanent director at the Ottawa Hospital's forensic pathology unit, prompted the decision to move the cases to other jurisdictions for autopsy. Dr. McCallum said cases have been shipped out of Ottawa since about eight months ago and could continue being sent to the other cities for up to another year until a new director is in place and staffing levels improve.

While the timing of the decision came shortly after forensic pathologist Dr Yasmine Ayroud was criticized by defence lawyers in connection with a pair of high-profile homicide cases, Dr McCallum stressed the move had nothing to do with either case. In one of the cases, Ottawa bar manager Gilles Leclair was wrongly accused of killing his wife, Bev Leclair, after the forensic pathologist concluded she died of strangulation. Subsequent examinations by two other pathologists both concluded that Mrs Leclair died from drowning after falling into the couple's swimming pool and the charges against Mr Leclair were dropped. He is suing the pathologist, prosecutor's office and Ottawa police for $7 million in damages.

Ottawa's three forensic pathologists are "fully competent" and still handling autopsies in cases of accidental and natural deaths, said Dr. McCallum. But Mark Ertel, president of the Defence Counsel Association of Ottawa, said it is "ridiculous" that forensic pathologists in a city of Ottawa's size are unable to do autopsies in homicide investigations. "What we really need to make sure people are not wrongfully convicted is proper forensic services in Ottawa," said Mr. Ertel, adding he believes the decision is a "Band-Aid fix."

Mr Ertel said he believes the decision is adding unnecessary "roadblocks on the road to justice," including the added expense of bringing the out-of-town pathologists to Ottawa to testify, as well as potential delays in the analysis of forensic evidence. It has also forced detectives to spend precious hours in the early stages of homicide investigations on the road to observe autopsies and hear results. "If they were done locally, which they have been in the past, it would be better for us by virtue of the location," said Ottawa police acting Supt. John Gardiner. "If these autopsies were to be performed in Ottawa, it certainly would be better for us from an investigative standpoint in terms of the time."

Ottawa police are also left footing the bill for detectives salaries and expenses while they are on the road driving to and from the other cities, acting Supt. Gardiner said. "It's a huge cost to the taxpayer and administration of justice," said Mr. Ertel. "Justice delayed is justice denied." Dr. McCallum said there is no evidence the decision to send bodies to Kingston or Toronto has compromised any cases. He also said the only delays have been the driving time it takes to transport them.

Dr McCallum could not provide a specific estimate of how much the decision to move the bodies to Toronto or Kingston is costing, although he is "very sensitive" to concerns of police and the families of homicide victims. "Our obligation is to provide the most appropriate evidence to the court and we have to do what is necessary to do that," said Dr. McCallum. "I'm confident that what we've done will assure that the information and the evidence police are getting is appropriate."

Dr Jean Michaud, head of pathology at The Ottawa Hospital, said the decision to remove autopsies for criminal investigations from their duties "was not well received" by Ottawa's forensic pathologists. "It has had a negative impact on our pathologists," said Dr. Michaud. "The reasons are not totally in their control. These cases are what we are trained for." Dr. Michaud said it was a joint decision of the department of pathology, the regional coroner and the province to "outsource" the "complex" cases elsewhere. According to Dr. Michaud, staffing shortages and increased volume in the Ottawa office were resulting in case backlogs. Of the three pathologists qualified to conduct autopsies in suspicious deaths, only one currently handles the duties full-time, he said. "At times you need to go through a bad period to bounce back, and that is what we are exactly trying to do," said Dr. Michaud, adding the hospital has since made a $1.2-million commitment for staffing in the department of pathology.

Job offers have been made to two full-time forensic pathologists, Dr. Michaud said. If they accept, one will be named the department's director. Another two pathologists are also expected to join the department, replacing outgoing doctors, he said. However, the earliest one of the new pathologists could join the staff is four or five months. Dr. McCallum said the coroner's office has a "rigid and rigourous quality assurance process" and a new director is essential to ensuring it is followed. He said he fully expects the Ottawa forensic pathology unit to resume conducting criminal autopsies once their staffing is back to appropriate levels. Dr. McCallum added that only about 25 of the approximately 250 homicides that occur each year in Ontario are affected by the new policy. "I don't want to minimize the impact of this, but at the same time, we are not talking about hundreds of cases," he said.

Source: 22 August 2007 Andrew Seymour The Ottawa Citizen 'Staffing issues' mean victims' bodies must be sent to Kingston or Toronto

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