On March 25, 2011, Dr. Andrew McCallum, Ontario's Chief Coroner announced an inquest will be held into the 2002 death of five year old Jeffery Baldwin. The announcement comes after the March 11, 2011 decision of the Ontario Court of Appeal to dismiss the appeals of Jeffery's grandparents. The grandparents, Elva Bottineau and Norman Kidman are serving life sentences after being convicted of second degree murder in Jeffery's death.
The announcement from the Coroner's Office stated that the inquest can now go ahead because the court proceedings concerning the death have now been completed.
The Death of Jeffery Baldwin
Jeffery and his three siblings were removed from their parents' home by the Catholic Children's Aid Society. Eventually, custody of the four children was given to their maternal grandmother, Elva Bottineau. At the time Bottineau took custody of Jeffery, he was a healthy, normal 18-month old.
The family lived in a small house in the east end of Toronto. As well as the grandparents and four children, two of Bottineau's and Kidman's daughters and one of the daughter's common law husband and their two children also resided there. About three months before Jeffery's death, the other daughter's boyfriend moved in.
Two of the grandchildren were well cared for but Jeffery and his sister Judy were not. Bottineau remained at home all day while Kidman worked five days a week. According to evidence adduced at trial, Kidman spent most of the time he was at home watching TV.
Jeffery and Judy were locked up in an unheated room for up to 12 hours a day. The room was never cleaned and reeked of urine and feces. Neither child was toilet trained. They were fed very little while sitting on the floor of the kitchen and both children were dirty. Jeffery was never allowed to go to school while Judy went part time.
On Nov. 30, 2002, Bottineau called 911. Paramedics found Jeffery dead, lying on the floor of the kitchen "like a bag of groceries." He had been dead for awhile. Jeffery had died of starvation and had physical injuries consistent with abuse.
When Jeffery died he weighed less than half the normal weight of a child his age and weighed less than he did when he first went to live with his grandparents.
Criminal Charges Against Bottineau and Kidman
Both grandparents were arrested and charged with first degree murder and forcible confinement, having confined both children in an unheated dirty room. On April 7, 2006, they were both found not guilty of first degree murder but guilty of second degree murder as well as forcible confinement. The penalty for second degree murder is a mandatory life sentence with the parole eligibility period set between 10 and 25 years.
On June 9, 2006 Bottineau's parole period was set at 22 years. Kidman must spend 20 years in jail before he can apply for parole. Both received concurrent eight year sentences for the charges of forcible confinement.
Bottineau and Kidman appealed their convictions and sentences to the Ontario Court of Appeal. On March 11, 2011, all their appeals were dismissed, clearing the way for the Coroner to hold an inquest.
Inquest into the Death of Jeffery Baldwin
The inquest, held before a presiding coroner and five jurors, will look at all aspects of Jeffery's death. Although a coroner cannot affix blame for a particular death, this fact is irrelevant in light of the convictions that were registered against Bottineau and Kidman.
The purpose of an inquest is to find out what happened in order to increase public safety in the province. The jury will be asked to make recommendations such that safety can be enhanced and similar deaths can be prevented in the future.
No date has yet been set for the inquest.
Sources
Office of the Chief Coroner, Ontario
R v.Bottineau, 2011 ONCA 194, Ontario Court of Appeal
Arthur Weinreb - Weinreb is an author, associate editor and columnist with Canada Free Press and the Canadian Affairs Feature Writer for Suite 101.
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