Pubdate: Sat, 08 Nov 2014
Source: Toronto Star (CN ON)
Copyright: 2014 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Authors: Rachel Mendleson and Laurie Monsebraaten
Page: A1
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

SICK KIDS STANDS BEHIND DISCARDED DRUG-TEST METHOD

Hair Analysis Technique No Longer Used but Questions Linger After 
Reversal of Cocaine Convictions

The Hospital for Sick Children is defending the reliability of the 
hair-strand tests performed by the Motherisk program as calls are 
mounting for government to review the laboratory's analysis, which 
has had bearing on possibly thousands of child protection cases.

In an email Friday, Sick Kids spokeswoman Gwen Burrows said Motherisk 
no longer uses the technique for cocaine analysis presented in the 
2009 trial of Toronto mom Tamara Broomfield.

Burrows did not say when the new method was put in place, only that 
when it was implemented, testing showed the prior technique "to be 
highly reliable."

Despite repeated requests, the hospital has not said how many child 
welfare and criminal cases have relied on the same technique used in 
the Broomfield case.

The Ontario Association of Children's Aid Societies has joined the 
Catholic Children's Aid Society of Toronto in seeking "more 
information" in the wake of a Court of Appeal decision that cast 
doubt on Motherisk's analysis in the Broomfield case. "Obviously, 
it's something that (children's aid societies) rely on very heavily," 
the Ontario Association's spokeswoman Caroline Newton told the Star 
on Thursday. "We need more information about the nature of the 
concern and what the remedy that is proposed for cases going forward."

Newton said the association is looking to both Sick Kids and the 
Ministry of the Attorney General for a swift resolution.

"We would hope they would work together to resolve this as quickly as 
possible, given how dependent we are for good forensic information," she said.

Motherisk is the primary provider of hair-strand drug and alcohol 
tests for children's aid societies in Ontario, producing 
authoritative analysis that is rarely challenged, family lawyers say. 
In 2009, the lab tested between 300 and 400 hair samples per month, 
according to testimony from Motherisk's Joey Gareri in a child protection case.

In a system where many parents at risk of losing their children do 
not have the means or know-how to challenge expert evidence in court, 
Justice Marvin Zuker said the reliability of Motherisk's testing is crucial.

"You don't want any question about it," he said. "It's about 
children. It's about parents. It's not about criticizing the program."

Zuker, who presided over family court in Toronto for more than 20 
years before moving to criminal court in 2012, said he was 
"surprised" to hear that there were criticisms of Motherisk's 
analysis, which is considered to be "very reliable."

He said government should review the Court of Appeal decision and the 
Motherisk program "to see whether or not changes have to be made."

"We're not saying your program is wrong. We're not saying, 
historically, that all the testing is wrong," he said. "We have a 
situation, now, which has raised issues in terms of public confidence.

"We just want this kind of concern to be addressed."

Toronto defence lawyers and family lawyer have also called on 
government to step in to assess the reliability of Motherisk's 
hair-strand drug tests.

The Ministry of the Attorney General said this week it is "looking 
at" the Court of Appeal decision that tossed Broomfield's 2009 
cocaine convictions, but did not say whether it will consider 
launching a review.

Broomfield, 31, was found guilty of feeding her toddler, Malique, a 
nearlethal dose of cocaine in 2005, based, in part, on the testimony 
of Motherisk founder and director Gideon Koren. At trial, Koren said 
hairstrand tests revealed the boy had regularly consumed very high 
doses of cocaine for more than a year leading up to the overdose.

Both Koren and Sick Kids CEO Michael Apkon have declined multiple 
interview requests.

In a letter Sick Kids sent to the Ontario Association and other 
children's aid societies this week, the hospital said, "Recent media 
attention focuses on the opinion of one expert who is critical of 
Motherisk's approach and findings."

"It is important to note that the appeal in this case was granted on 
the basis that the trial court was unaware of the competing expert 
opinion evidence regarding . . . chronic cocaine ingestion," the letter said.

"The Court of Appeal's decision did not make any finding about the 
Motherisk Program or its evidence," the letter continued. "We are 
confident that our testing methodologies are consistent with the 
highest international standards in the field of analytical toxicology."

The cocaine convictions were thrown out after Craig Chatterton, 
deputy chief toxicologist in the office of the chief medical examiner 
in Edmonton, criticized Motherisk's preparation of the hair sample, 
the methodology used to analyze it and the validity of the results.

Based on Motherisk's analysis, Chatterton wrote in a report filed in 
court, "It cannot be determined to a reasonable degree of scientific 
certainly whether Malique Broomfield had ingested (or been exposed 
to) cocaine over an extended period of time."

Koren defended his choice of testing as "highly specific, valid and 
accurate" and characterized Chatterton's assertions as "wrong and 
misleading." The court file also includes a report from Utah 
toxicologist Douglas Rollins, who supported Motherisk's analysis.

The Court of Appeal did not comment of how Malique, 11, got the 
cocaine that resulted in a 2005 overdose, which left him with 
permanent brain damage.

Broomfield has abandoned her appeals for other child-abuse 
convictions related to her son, including inflicting multiple rib 
fractures and not seeking treatment for his broken wrist. She served 
more than half of her seven-year sentence before she was released on 
bail last year, pending appeal. To read the conflicting expert 
reports on Motherisk's hair-strand analysis in the Broomfield case, 
visit www.thestar.com/gta
- ---
MAP posted-by: Jay Bergstrom