Date set for Jared's inquest; But mom unhappy new law will not apply
Author: Vincent Ball
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Julie Craven and her father, John, are heading back to Queen's Park to fight yet another battle.

The Cravens are planning to meet today with a couple of opposition MPPs to get their support to have an upcoming inquest held under Kevin and Jared's Law.

The law, passed last year, is named, in part, for Jared, Julie's son and John's grandson. The eight-year-old was killed by his father, Andrew Osidacz, on March 18, 2006, at a Courtland Drive townhouse. That same night, Osidacz was fatally shot by police at a Cecil Avenue residence as he held a knife to Julie's throat. The province's Special Investigations Unit investigated Osidacz's death and cleared the police of any wrongdoing.

A coroner's inquest is tentatively scheduled to begin in Brantford on June 16 to look into the deaths of both Osidacz and Jared.

But the Cravens are unhappy that the inquest is not being held under Kevin and Jared's Law.

"Worked hard"

"We worked hard to get Kevin and Jared's Law passed," John Craven said. "If it wasn't for all of that, it never would have happened, and now we're having an inquest into Jared's death and it isn't being held under Kevin and Jared's Law."

The only reason there is an inquest at all into Jared's death is because Osidacz was shot and killed by police, he said.

"If his murderer had lived, there would be no inquest into Jared's murder."

Julie Craven said she is worried that the inquest will focus on her former husband's death, leaving unanswered questions she has about the actions of the city police and whether Jared's life could have been saved.

"I just want Jared's story to be told," she said. "His story has never been told."

Kevin and Jared's Law calls for an automatic coroner's inquest when a child dies in the care of a parent or a family member who has been the subject of a supervised or unsupervised court access order. It also gives families automatic standing at the inquest and makes available financial support to cover legal costs.

The Cravens now wonder if they will be given standing at the inquest and don't know how they are going to come up with money to cover legal costs.

Brant Liberal MPP Dave Levac has written a letter to Rick Bartolucci, the Minister of Community Safety and Correctional Services, asking for an explanation about where the Cravens stand.

The Cravens will meet today with NDP MPP Andrea Horwath and possibly Christine Elliott of the Progressive Conservatives to get their support as well.

A spokesman for the Ontario coroner's office said there are several issues with respect to holding the inquest under Kevin and Jared's Law.

Dr. William Lucas, associate deputy chief coroner, said Jared's death doesn't meet the criteria for an inquest under the law.

The problem, he said, is that the legislation makes specific reference to court-ordered supervised or unsupervised access. The coroner's office has reviewed legal documents and found that Andrew Osidacz was never under any court orders regarding supervised access to Jared. And there is no court order changing his access from supervised to unsupervised.

Lucas also noted that the inquest into Jared's death was called well before Kevin and Jared's Law, was passed by the Ontario legislature and received Royal Ascent.

"Whether the inquest is mandatory or discretionary, the format of the inquest remains the same," Lucas said.

An inquest into Osidacz's death is mandatory. But the coroner's office decided early to hold a joint inquest into the deaths of both father and son because they are linked.

Most of the focus of the upcoming inquest will be on Jared's death, Lucas said.

With respect to standing at the inquest and financial assistance, Lucas said there are ways to address both issues.

Julie Craven could apply for standing at a pre-inquest hearing. Given existing legislation covering victims' rights, there is every reason to believe that shee would be granted standing, Lucas said.

Once granted standing, she can apply for financial assistance from the Ministry of Community Safety and Correctional Services.

"I think it's important that people understand that we're not playing hardball here," said Lucas, adding that the coroner's office must follow legislation.
Article ID# 977652

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