Winnipeg woman declared dead by CRA twice in 10 months — but she's alive
Son with power of attorney has spent hours on the phone with Canada Revenue Agency trying to fix problem
This is the second time in 10 months that Dave Gibeault, the woman's son, has received a letter addressed to the "Estate of the late Mary Gibeault."
When the first letter arrived in March of 2021, the man from St. Andrews, Man., knew there was an error because he visits her in a Winnipeg personal care home daily.
"I see her every day, I take care of her, so my fear wasn't that she had died," he told CBC News. "The first thing I thought of was I have an uphill battle in front of me."
He certainly did.
Dave Gibeault received this letter asking him to repay money paid to his mother from the CRA in March, and it took weeks on the phone and two requests for documents proving that he has power of attorney to correct the error, he said. (Submitted by Dave Gibeault)
"It took several weeks and a whole lot of frustration [to get her reclassified as alive]. Hours and hours and hours on the phone, and lost income as a result," Gibeault said, noting that he had to provide proof that he has power of attorney twice.
Causes of such mistakes can vary, CRA says
Gibeault said he thought his problems with the revenue agency were behind him until he got a second letter last week.
"So very frustrating. I know this is going to be another uphill battle. But what they're asking for, they're not going to get. I'm not going to pay them back money that she's entitled to," he said.
The CRA can't comment on individual cases for privacy reasons, but regrets the error, the agency's spokesperson, Hannah Wardell, said in an email on Thursday.
The CRA says people incorrectly labelled as dead could be caused by human error, a miscommunication between government departments, or most often, a mistake made when a return is filed on behalf of a deceased person with an incorrect SIN number. (Sean Kilpatrick/The Canadian Press)
The cause of such a mistake can vary, she said. It could be human error, a miscommunication between government departments, or most often a mistake made when a return is filed on behalf of a deceased person with an incorrect social insurance number.
"Although rare, it is possible that multiple errors could appear on the same taxpayer's account if the CRA receives incorrect information from more than one source," Wardell said.
"We take these situations seriously, and continue to validate and analyze these errors and implement changes as necessary, to ensure that, wherever possible, these types of errors are prevented."
When an error is made, the CRA simply removes the date of death from the person's file and their CRA account is restored. This also reverses any letters or changes to taxes or benefits that were issued in error, Wardell said.
Dave Gibeault received a letter from the CRA earlier this month addressed to 'the estate of the late Mary Gibeault.' Mary is alive and in a personal care home. (Submitted by Dave Gibeault)
The reversal is immediate, but it can sometimes take a few weeks for letters to be reissued and adjustments to be recalculated.
In 2020, about 0.03 per cent of all the date of death updates were recorded in error.
"Despite safeguards to ensure accuracy of its files, on very rare occasions an individual may erroneously be declared deceased with respect to their records with the Government of Canada," Wardell said in an email.
Thousands wrongly declared dead by CRA
This isn't the first time a mistake like this has happened. Between 2007 and 2013, 5,489 Canadians were erroneously entered as deceased in CRA's system, according to the Office of the Taxpayers' Ombudsperson.
In 2014, the ombudsperson was tasked by the Minister of National Revenue of the time to release a report on the problem and made eight recommendations to fix it.
That's exactly what Dave Gibeault is worried about.
"This is a much bigger scope problem than just one person, and not everybody has an advocate that's going to go and fight for them. So there's a whole lot of people that are not getting their benefits," he said.
Wardell said the CRA has put into place a number of safeguards to lower the likelihood of this error from occurring. It's revised forms and procedures to make it less likely that a person can make an error in their tax filing, and is collaborating with other government departments to validate records.
"While the issue still occurs, the prevalence is notably reducing," Wardell said.
ABOUT THE AUTHOR
Sure.
Well David you just gave then your name and you owe 30 years in back taxes. Our taxes have been supporting you all this time.
What work would that be?
Seek help
If not then perhaps you should confer with the local lawyer Dominic Leblanc I have run against his cohorts 7 times thus far while not paying a dime in income tax
Your Original Sin?
― Mark Twain
"Still not dead today" by Willy Nelson
Someone could knock you off and not get charged.
You wish! lol
You coukdn't get any benefits either.
Tongue in cheek....
The first notice was from 2019
Kettle meets Pot???
Surely you jest
I know a few CRA workers
never seems to happen.
i'm sure the PM is at fault for this. he probably dealt with this file personally, logged on the the CRA computer, declaring her deceased.
and those darn Liberals, doing the same thing.
You're just jealous you didn't think of it.
I pay my taxes on time, but I don't enjoy it.
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This article was edited and reviewed by FindLaw Attorney Writers | Last updated October 26, 2017
Press Release Trial Court Chief Justice Paula Carey Announces Retirement
- Massachusetts Supreme Judicial Court
- Executive Office of the Trial Court
- Superior Court
- Boston Municipal Court
- District Court
- Probate and Family Court
- Juvenile Court
- Housing Court
- Land Court
- Massachusetts Court System
BOSTON, MA— The Honorable Paula M. Carey, Chief Justice of the Trial Court, announced today that she would retire from the Trial Court in January 2022. Chief Justice Carey was appointed to a five-year term by the Supreme Judicial Court, which she began on July 16, 2013, and reappointed to a second term in 2018 pursuant to G. L. 211B, §6.
On behalf of the Justices of the Supreme Judicial Court, Chief Justice Kimberly Budd said: “Chief Justice Carey is passionate about delivering justice to the people in the Commonwealth. With unflagging energy, she has worked to improve access to justice, and diversity, equity, and inclusion for all who work in and use our courts. She has shepherded the Trial Court through many advancements and steered the departments through the pandemic with perseverance and determination. With her energy and leadership, Chief Justice Carey has made an indelible mark on the judiciary, and all of us in the courts, the bar and the Commonwealth owe her a large debt of gratitude.”
The Chief Justice of the Trial Court is the policy and judicial head of the Trial Court, which includes the Boston Municipal, District, Housing, Juvenile, Land, Probate and Family, and Superior Courts, the Office of the Commissioner of Probation, and the Office of Jury Commissioner. The Chief Justice of the Trial Court has authority over all matters of judicial policy and appoints the departmental chief justices, oversees case flow management and the establishment of programs and procedures to continuously improve access to justice by all segments of the Commonwealth's population. The Chief Justice partners with the Court Administrator to oversee all administrative aspects of the Trial Court comprised of 385 judges, 6300 staff, a $779.9 million budget and 97 courthouses.
“I have absolutely loved my work with the Massachusetts Trial Court, first as a judge, then as the Chief Justice of the Probate and Family Court Department, and as Chief Justice of the Trial Court,” said Chief Justice Carey. “I continue to have the same passions I have always had and will continue to work towards racial equity and access to justice for all. Retirement for me is not an ending, but the beginning of a different life committed to the same principles, just in a different way that permits me to attend to the imminent needs of my loved ones.”
As Chief Justice of the Trial Court, the Hon. Paula Carey created the Office of Diversity, Equity, Inclusion & Experience in 2018 to impact policy, awareness, and training. She built strong partnerships with the Executive Branch to ensure the success of major systemic improvements, including the recent Eviction Diversion Initiative, a comprehensive set of resources to support tenants and landlords during the financial challenges caused by the pandemic. She also held a leadership role in the development of a data-driven justice reinvestment approach to reduce reoffending, contain corrections spending and invest in strategies to increase public safety.
Within the Trial Court she formed a Language Access Advisory Committee to create a comprehensive language access plan to enhance access to justice; significantly increased collaboration across Trial Court departments to create consistent policies and practices to better serve the Bar and the public; and expanded judicial mentoring and leadership development. As Chief Justice of the Probate and Family Court, she oversaw the complex implementation of the Massachusetts Uniform Probate Code.
Prior to her initial appointment as Chief Justice of the Trial Court in May of 2013, Chief Justice Carey had served as Chief Justice of the Probate and Family Court since 2007. She was first appointed to the Probate and Family Court in 2001 as a circuit judge and then served as an associate justice in Norfolk County.
Chief Justice Carey received the Boston Bar Association’s Haskell Cohn Distinguished Judicial Service Award in 2011, as well as the Freedman Award from the Massachusetts chapter of the American Academy of Matrimonial Lawyers, the MCLE Scholar-Mentor Award, and the Middlesex Bar Association's Distinguished Jurist Award. She is also a past recipient of the Massachusetts Association of Women Lawyers Distinguished Jurist Award, the Daniel F. Toomey Excellence in Judiciary Award, and the Massachusetts Judges Conference Probate and Family Court Judicial Excellence Award.
Prior to her appointment as a judge, she co-founded the firm Carey and Mooney PC, a family law practice. While in private practice, she chaired the Family Law Section of the Massachusetts Bar Association and served on the Family Law Steering Committee of the Boston Bar Association. Chief Justice Carey graduated magna cum laude from New England Law | Boston.
Jennifer Donahue and Erika Gully-Santiago
― Mark Twain
"Still not dead today" by Willy Nelson
Someone could knock you off and not get charged.