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Killers shouldn't profit from dead spouses

North Delta woman lobbying Ottawa upon finding out father collected survivor benefits after killing her mom
patten
Vivienne Patten was stabbed to death in 1985.

A North Delta woman is hoping the federal government finally plugs an injustice that allows those who murder their spouse to financially benefit from their crime.

Susan Fetterkind says she's frustrated Ottawa continues to provide spousal Canada Pension Plan (CPP) or Old Age Security (OAS) benefits to people convicted in the death of their spouses.

A surviving husband or wife normally receives payments based on the dead spouse's CPP or OAS payments, a situation that also applies to those who have killed their spouse, something Fetterkind says is an outrage.

What's worse, the loophole continues despite the issue being raised by victims' families for years. In 1985, Fetterkind's father, John Raymond Cotter, stabbed her mother, Vivienne Patten, to death. They had been separated at the time of her murder and he was convicted of manslaughter through a plea bargain.

About a decade ago, Fetterkind was shocked to find out her father had been collecting survivor benefits. He had collected the benefits for almost 30 years until his death a couple of years ago.

"The federal government effectively gave him money, which was not his own CPP benefits, and he wouldn't have otherwise gotten that, but it was a survivor benefit from my mother. He basically was profiting from killing somebody, which should be against the law," said Fetterkind.

Despite discussion surrounding the issue for years, the government hasn't plugged the loophole.

"In 2003 I was interviewed about this and the head of CPP admitted they have no mechanism to check how someone died and whether it was because of the spouse or common law partner. After all this time, nothing has been done. I've e-mailed every single MP and I only got two responses back," said Fetterkind.

She said she's been hoping a private member's bill, originally tabled three years ago and reinstated last fall, by New Democrat Hamilton Mountain MP Chris Charlton would gain support.

Charlton's bill, which received first reading but hasn't moved beyond, is aimed at reforming the Canada Pension Plan to prevent those convicted of killing their spouse to collect survivor death benefits.

"The integrity of the Canada Pension Plan is enormously important to Canadians. I know that I am not alone when I say that the very thought that someone convicted of spousal homicide could derive a monetary benefit from such a heinous crime is an issue of fundamental justice," said Charlton when she originally introduced her bill.

A private member's bill rarely gains approval, but that might change this time with the recent introduction of a similar reform from a Conservative MP. Last month, essentially the same bill was put forward Dave Van Kesteren, MP for Chatham Kent-Essex.

"I hope that this bill is passed through Parliament quickly and receives support from all parties," said Van Kesteren, "It is in line with the government's agenda of being tough on crime and supporting victims."

The bill received first reading, which is usually the case, and is scheduled for its first hour of second reading in early June.