Retired Judge to Conduct Independent Review

Retired judge Fred Kaufman will conduct an independent review of the government's response to institutional abuse.

Justice Minister Michael Baker today outlined the terms of reference for the review, which is expected to take up to 15 months to complete.

"Mr. Kaufman brings independence and integrity to the process," said Mr. Baker. "He will conduct the review in the context of the ongoing police investigation and he will examine whether the process upheld the rights of both the claimants and the accused."

The independent review will determine if the response to institutional abuse has been appropriate, fair and reasonable.
The review will document and describe the government's response to allegations of institutional abuse. It will assess the appropriateness of the response in light of the interests of claimants, the public interest, the interests of staff and former staff of the institutions and in light of other available options. The review will also assess the implementation of each element of the government's response to allegations of abuse in provincial institutions.

A estimated budget of $950,000 has been allocated for the review. Mr. Kaufman will secure the appropriate staff to assist with the comprehensive analysis that is required. He will be given full access to all documents and will have the full co-operation of government.

The report, its findings and any recommendations that may be forthcoming will be made public.

"This review will be arm's-length and neutral from government, which was part of our commitment to the people of Nova Scotia," said Mr. Baker. "I have every confidence that Mr. Kaufman will conduct the review in a balanced and fair manner."

"I know this is a challenging assignment," said Mr. Kaufman.
"In examining each element of the process, we can look for accountability and, one hopes, learn some important lessons for the future."

Mr. Kaufman , C.M., Q.C., recently conducted the review of the Public Prosecution Service in Nova Scotia. He was the sole commissioner on the proceedings involving Guy Paul Morin and is a former judge of the Quebec Court of Appeal with extensive experience in criminal law, arbitration and alternate dispute resolution mechanisms.

NOTE TO EDITORS: A backgrounder and terms of reference for the independent review are outlined below.

Independent Review of the Government Response to Institutional Abuse

In October 1994, government responded to reports of physical and sexual abuse by provincial employees against former residents of provincially operated institutions with a three-pronged strategy: an investigation of the alleged abuse; an assessment of the safety of youth currently in custody; and a compensation program.

Subsequent to his review of the nature and extent of institutional abuse, former New Brunswick Chief Justice Stuart Stratton recommended the establishment of an alternative dispute resolution process for responding to alleged victims of institutional abuse. The Compensation Program for Victims of Institutional Abuse came into effect on June 17, 1996.

The program has been adjusted twice since its inception.

The Department of Justice established an Internal Investigation Unit to investigate the allegations of abuse against current employees for disciplinary purposes. The RCMP established Operation Hope to handle the criminal investigation of alleged perpetrators.

The program has been criticized by current and former employees who feel that their reputations have been tarnished, by claimants who believe changes made to the program are too restrictive and by citizens concerned about the cost and other aspects of the program.

In response to these criticisms, government committed to review the Compensation Program for Victims of Institutional Abuse "to ensure the process is fair and upholds the rights of both the victims and the accused."

Terms of Reference:

The independent review will determine if the government response to institutional abuse has been appropriate, fair and reasonable. The review will:

• document and describe the government response to the allegations of institutional abuse;
• assess the appropriateness of the government response in light of the contemporary context and the public interest; the interests of claimants, staff and former staff of the institutions; other available response options; and assess the implementation of each element of the government response.

A report of the review findings will be made to the Minister of Justice and subsequently released to the public.

Activities undertaken during the review must not compromise any police investigation being conducted in relation to the alleged institutional abuse.

The independent reviewer will employ appropriate staff. Costs are estimated at $950,000 for the review, which is expected to take from 12 to 15 months.