Mort de Katelynn Sampson : la juge blanchie

Mort de Katelynn Sampson
La juge blanchie
Mise à jour le vendredi 19 décembre 2008, 8 h 38, Radio Canada

La juge impliquée dans l'affaire de la petite Katelynn Sampson ne sera pas blâmée. Le Conseil de la magistrature de l'Ontario rejette la plainte déposée contre la juge Debra Paulseth, qui avait accordé la garde de l'enfant à un homme et une femme maintenant accusés de l'avoir tuée.

Katelynn Sampson, 8 ans, a été battue à mort cet été dans l'appartement de ses tuteurs légaux. L'affaire avait soulevé des questions sur la protection des enfants en Ontario, puisque la garde avait été attribuée au couple, malgré leurs antécédents criminels reliés à la drogue et à la violence.

C'est le député du NPD Peter Kormos qui avait porté plainte contre la juge auprès du conseil, reprochant à la juge Paulseth d'avoir omis de vérifier les antécédents de la mère adoptive.

Donna Irving et son conjoint Warren Johnson sont accusés de meurtre dans cette affaire.

Judicial council dismisses complaint against judge in Katelynn Sampson case
Last Updated: Thursday, December 18, 2008 | 12:31 PM ET, The Canadian Press

The Ontario Judicial Council has dismissed a complaint brought against a judge in the Katelynn Sampson case.

The council said Thursday it investigated the complaint against Judge Debra Paulseth of the Ontario Court of Justice, but dismissed it at "the earliest opportunity."

The council said Paulseth is "extremely saddened" by the death of seven-year-old Katelynn, whose battered body was discovered in west-end Toronto in August.

Donna Irving and her boyfriend, Warren Johnson, have been charged with first-degree murder in the case. With the blessing of Katelynn's mother, who was battling a drug addiction, Paulseth had granted custody of the girl to Irving, a friend of the mother.

But court transcripts revealed that few questions were asked about Irving, who had a criminal record for drugs, prostitution and violence.

That prompted Peter Kormos, justice critic for the provincial NDP, to file a complaint with the council, saying Paulseth failed to consider the best interests of the child.

News Toronto & GTA
Complaint against Katelynn Sampson judge dismissed
By THE CANADIAN PRESS
Last Updated: 18th December 2008, 11:02am, Toronto Sun

The Ontario Judicial Council has dismissed a complaint brought against a judge in the Katelynn Sampson case.

The council says Justice Debra Paulseth is “extremely saddened“ by the death of the seven-year-old girl, whose battered body was discovered in August.

Donna Irving and Warren Johnson have been charged with first-degree murder.

Paulseth had granted custody of the girl to Irving and Johnson with the blessing of Katelynn’s mother, who was battling a drug addiction.

But court transcripts had revealed that few questions were asked about Irving, who had a criminal record for drugs, prostitution and violence.

That prompted NDP justice critic Peter Kormos to file a complaint with the council, saying Paulseth failed to consider the best interests of the child.

The council says it investigated the complaint, but dismissed it at “the earliest opportunity” without seeking a response from the judge.

Judicial council dismisses complaint against judge in Katelynn Sampson case
Published Thursday December 18th, 2008, Canada East

TORONTO - The Ontario Judicial Council has dismissed a complaint against a judge who awarded custody of seven-year-old Katelynn Sampson to a woman who has been charged with first-degree murder in the girl's death.

The death of Katelynn, whose battered body was discovered by police in August, sparked public outrage and a provincial review of how courts handle child custody cases.

Justice Debra Paulseth of the Ontario Court of Justice granted custody of the girl to Donna Irving with the blessing of Katelynn's mother, Bernice Sampson, who was battling drug addiction.

Irving and her common-law partner Warren Johnson were charged with first-degree murder in Katelynn's death.

Court transcripts revealed that few questions were asked about Irving, who had a criminal record for drugs, prostitution and violence.

That prompted NDP justice critic Peter Kormos to file a complaint with the judicial council, accusing Paulseth of failing to consider the best interests of the child.

But the council rejected the allegation, saying Paulseth did "make inquiries" about Irving, including how long Katelynn's mother had known the woman.

There was also "no indication or suggestion that the child was in peril or that her best interests were not being met while being cared for" by Irving, the council said Wednesday in a five-page letter to Kormos.

The court record disclosed that "all indications in this case were that the child was being kept out of harm's way by being placed with the proposed custodial parent, the mother's friend," the council said.

The council dismissed the complaint "at the earliest opportunity, without seeking a response from the judge," Ontario Court of Justice spokesman Kirby Chown said Thursday in a statement.

"The judge is extremely saddened by the little girl's death."

Paulseth was not removed from duty during the investigation and will remain in family court, Chown added.

Six members of the council - three judges, a lawyer and two "community members" - reviewed the complaint.

The group looked at court transcripts, listened to a recording of the proceedings and reviewed the court file, Chown said.

Ontario's child advocate, Irwin Elman, joined the public outcry in the wake of Katelynn's death, saying protections put in place to help children like her "all failed."

Police said the third-grader slept on a bedroom floor and showed signs of being assaulted on an ongoing basis.

One homicide detective called the state of Katelynn's body "probably the worst thing I've seen in 20 years of policing."

Kormos said the council's decision underscores the need for "far more radical" proposals for judicial oversight in custody cases.

New family law reforms introduced last month by Attorney General Chris Bentley are "grossly inadequate" and don't go far enough to prevent similar tragedies from occurring, he said.

"It's clear that there has to be far more than just a criminal records search," Kormos said.

The courts should conduct an assessment of every potential caregiver to determine if they are an "appropriate" candidate to care for a child, he said.

The government legislation, which was prompted in part by Katelynn's death, aims to ensure that courts know if a potential caregiver has a violent history in custody cases.

Under the new rules, anyone who applies for custody of a child would have to complete a sworn statement that would include a proposal for how they would care for the child.

Non-parents would have to submit a police records check and tell the court about any Children's Aid Society records. Judges would also have access to information about any other family law case the non-parent was involved in.