Timeline of Events: Steven Truscott Case 2
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Compensation for Wrongful Convictions: a Study Towards an Effective Regime of Tort Liability
Compensation for Wrongful Convictions: A study towards an effective regime of tort liability by Laura Patricia Mijares A thesis submitted in conformity with the requirements for the degree of Master of Laws Graduate Department of Faculty of Law University of Toronto © Copyright by Laura Patricia Mijares 2012 Compensation for Wrongful Convictions: A study towards an effective regime of tort liability Laura Patricia Mijares Master of Laws Graduate Department of Faculty of Law University of Toronto 2012 Abstract How would you feel if after having spent many years incarcerated for a crime that you did not commit and when finally you are released to a broken life where there is nobody to respond effectively to all the damages that you have and that you will continue to endure due to an unfortunate miscarriage of justice? In Canada, compensation for wrongful convictions is a legal issue which has yet to find a solution for those who the government has denied to pay compensation for and the damages such wrongful conviction brought to their lives. This thesis will analyze the legal problem of compensation for wrongful convictions in Canada from a tort law perspective and will present an alternative to the existing regime to serve justice to those who have been victims of miscarriages of justice. ii Acknowledgments A new start is never easy. Actually, I believe that starting a new life in this country represents a challenge from which one expects to learn, but overall, to succeed. In my journey of challenges, and especially in this one, I would like to thank the persons whose effort made this challenge a successful one. -
Truscott (Re) (August 28, 2007)
CITATION: Truscott (Re), 2007 ONCA 575 DATE: 20070828 DOCKET: C42726 COURT OF APPEAL FOR ONTARIO MCMURTRY C.J.O., DOHERTY, WEILER, ROSENBERG and MOLDAVER JJ.A. IN THE MATTER OF SECTION 696.3 OF THE CRIMINAL CODE, S.C. 2002, C. 13; AND IN THE MATTER OF AN APPLICATION FOR MINISTERIAL REVIEW (MISCARRIAGES OF JUSTICE) SUBMITTED BY STEVEN MURRAY TRUSCOTT IN RESPECT OF HIS CONVICTION AT GODERICH, ONTARIO, ON SEPTEMBER 30, 1959, FOR THE MURDER OF LYNNE HARPER; AND IN THE MATTER OF THE DECISION OF THE MINISTER OF JUSTICE TO REFER THE SAID CONVICTION TO THE COURT OF APPEAL FOR ONTARIO FOR HEARING AND DETERMINATION AS IF IT WERE AN APPEAL BY STEVEN MURRAY TRUSCOTT ON THE ISSUE OF FRESH EVIDENCE, PURSUANT TO SUBSECTION 696.3(3)(a)(ii) OF THE CRIMINAL CODE. B E T W E E N: HER MAJESTY THE QUEEN ) James Lockyer, Philip Campbell, ) Marlys Edwardh, Hersh E. Wolch, ) Q.C. and Jenny Friedland, for the ) appellant ) (Respondent) ) ) - and - ) ) STEVEN MURRAY TRUSCOTT ) Rosella Cornaviera, Gregory J. ) Tweney, Alexander Alvaro and ) Leanne Salel, for the respondent ) (Appellant) ) HEARD: January 31, February 1, 2, 5, 6, 7, 8, 9, 13 and 14, 2007 Page: 2 PART I – INTRODUCTION............................................................................................7 Overview of the Case.....................................................................................................7 History of the Proceedings Involving the Appellant ..................................................9 Overview of the Case for the Crown and the Defence in the Prior Proceedings...15 -
Could We Build Justice Safety Centers?
(2020) 1:2 INNOCENCE AND PREVENTION: SAFETY CENTERS 253 Innocence and Prevention: Could We Build Justice Safety Centers? James Doyle Of Counsel: Bassil & Budreau, LLP Boston, Massachusetts U.S.A. Some contemporary writers argue that wrongful convictions represent system failures in a complex criminal justice system. Currently explorations are underway into whether pursuit of non-blaming, all-stakeholders, forward-looking “sentinel event” reviews focused on lowering risk rather than laying blame can improve safety from wrongful convictions. This article reviews the underlying theory of safety-based practices and sketches one model of how work on preventing wrongful convictions might be institutionalized: made a part of a new culture of continuous improvement that lowers the risk of future wrongful convictions and offers a degree of restorative justice to the victims of errors. I. Using Safety’s Wider Lens II. Reviewing the Event, Not the Performance III. A Place to Learn: Creating the Space for Stories IV. Marshaling, Interrogating, Improving, and Disseminating Data V. A Model to Amend (Or Reject) Innocence work naturally prioritizes a tight, reactive focus—a concentration on apprehending errors and rescuing individual clients. But the people closest to the suffering of the justice system’s victims are also best placed to appreciate the restorative value of honoring their exonerated clients’ perspectives, recognizing the harms done to the original crime’s victims, and preventing new tragedies. Like it or not, innocence workers and exonerated -
Rule of Law Report
RULE OF LAW REPORT ISSUE 2 JUNE 2018 EDITOR’S NOTE Heather MacIvor 2 TWENTY-FIVE YEARS OF ADVOCACY FOR THE WRONGLY CONVICTED Win Wahrer 3 LEVEL – CHANGING LIVES THROUGH LAW Heather MacIvor 6 EDITOR’S NOTE This issue features two leading Canadian organizations dedicated to justice and the rule of law. Innocence Canada, formerly called AIDWYC (Association in Defence of the Wrongly Convicted), is dedicated to preventing and correcting miscarriages of justice. Win Wahrer Heather MacIvor has been with Innocence Canada since LexisNexis Canada the beginning. As the organization celebrates its 25th anniversary, Win tells its story. She also spotlights some of the remarkable individuals who support Innocence Canada, and those Photo by Fardeen Firoze whom it has supported in their struggles. Level, formerly Canadian Lawyers Abroad, targets barriers to justice. It aims to educate and empower Indigenous youth, enhance cultural competency in the bench and Bar, and mentor future leaders in the legal profession. This issue spotlights Level’s current programming and its new five-year strategic plan. By drawing attention to flaws in the legal system, and tackling the root causes of injustice, Innocence Canada and Level strengthen the rule of law. LexisNexis Canada and its employees are proud to support the work of both organizations. We also raise money for other worthy causes, including the #TorontoStrongFund, established in response to the April 2018 Toronto van attack. 2 TWENTY-FIVE YEARS OF ADVOCACY FOR THE WRONGLY CONVICTED Innocence Canada, formerly the Association in Defence of the Wrongly Convicted (AIDWYC), is a national, non-profit organization that advocates for the wrongly convicted across Canada. -
Advocate for Wrongly Convicted, David Milgaard Fights to Keep Innocent out of ‘Cages’”
Networked Knowledge Media Reports Networked Knowledge Canada Homepage This page set up by Dr Robert N Moles On 2 OCTOBER 2014 Valerie Fortney of the Calgary Herald reported “Advocate for wrongly convicted, David Milgaard fights to keep innocent out of ‘cages’”. David Milgaard, who spent 23 years in prison for a murder he didn’t commit, spoke at the John Howard Society in Calgary on Thursday as part of the first Wrongful Conviction Day. Photograph by: Leah Hennel David Milgaard is not by definition an angry man. “I love my life,” says the youthful 62-year-old, who has called Calgary home for the past six years. “I’m grateful for everything I have today.” Stir his memories, though, and the old demons rush over him like an ocean wave. “I had trouble sitting with some men recently who were wrongfully convicted,” he says. “I wish to say that anger isn’t there, but it is there.” Despite the unwelcome emotions such encounters trigger, Milgaard — who spent more than 23 years in a Canadian prison for a crime he didn’t commit — stands outside the John Howard Society on Thursday morning, the featured speaker at a press conference launching the first Wrongful Conviction Day. Together with his long time lawyer Greg Rodin, who also lives in Calgary, Milgaard speaks passionately to the gathered media about the issues surrounding the wrongly convicted. “We cannot let innocent people be disqualified from life, from beauty,” he says. “In our Canadian prisons right now, we have wrongly convicted men, we have wrongly convicted women and, in some cases, children, sitting still right now inside cages.” The new day of recognition is being hosted by the Association in Defence of the Wrongly Convicted, a national non-profit organization that grew out of the Justice for Guy Paul Morin Committee. -
Wrongful Convictions/Miscarriages of Justice, Law As a System, and the Story of the Little Girl
University of Southampton Research Repository ePrints Soton Copyright © and Moral Rights for this thesis are retained by the author and/or other copyright owners. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder/s. The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders. When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given e.g. AUTHOR (year of submission) "Full thesis title", University of Southampton, name of the University School or Department, PhD Thesis, pagination http://eprints.soton.ac.uk UNIVERSITY OF SOUTHAMPTON FACULTY OF BUSINESS, LAW AND ART Wrongful Convictions/Miscarriages of Justice, Law as a System, and the story of the Little Girl by Ebenezer Laryea Thesis for the degree of Doctor of Philosophy April 2016 1 Academic Thesis: Declaration Of Authorship I, EBENEZER NINII LARYEA declare that this thesis and the work presented in it are my own and has been generated by me as the result of my own original research. Title of thesis: WRONGFUL CONVICTIONS/MISCARRIAGES OF JUSTICE, LAW AS A SYSTEM, AND THE STORY OF THE LITTLE GIRL …………………………………………………………………………………………………………………………………… I confirm that: 1. This work was done wholly or mainly while in candidature for a research degree at this University; 2. Where any part of this thesis has previously been submitted for a degree or any other qualification at this University or any other institution, this has been clearly stated; 3. -
Jury at This Lorraine Wood Sessions of the Supreme Court Andrea Buck of Ontario for the County of Leslie Harper Huron
i Index Description Date Vol. Paqe PART ONE - THE PLEADINGS Indictment Sept. 9, 1959 Back of Indictment Sept. 9, 1959 Notice of Appeal to Ontario Court of Appeal filed on behalf of Steven Murray Truscott Oct. 10, 1959 Supplementary Notice of Appeal to the Ontario Court of Appeal filed on behalf of Steven Murray Truscott Jan. 7, 1960 Order in Council commuting sentence of death imposed upon Steven Murray Truscott to life imprisonment Jan. 21, 1960 Notice of Application for Leave to Appeal to the Supreme Court of Canada on behalf of Steven Murray Truscott Feb. 9, 1960 Order in Council referring the case of Steven Murray Truscott to Supreme Court of Canada, pursuant to Section 55, Supreme Court Act Apr. 27, 1966 PART TWO - EVIDENCE Opening Remarks Witnesses CORPORAL JOHN WATSON ERSKINE (for Complainant) Examination in Chief by Mr. Hays Cross-examination by Mr. Donne 1ly Re-examina tion by Mr. Hays Recalled - Examination in Chief by Mr. Hays HELEN DOREEN BLAIR (for Complainant) Examination in Chief by Mr. Hays Cross-examination by Mr. Donnelly ii Index Description Vol. Paq? SHIRLEY IHRPER (for Compla inant) Examination in Chief by Mr. Hays 1 118 Cross-examination by Mr. Donnelly 1 126 DR. JOHN LLYWELLY'N PENISTAN (for Coxpla inant) Examination in Chief by Mr. Flays Cross-examination by Mr. Donne l.ly Re-examina t ion by YxQ Hays JOCELYNE GODDETTE (for ~omplainant) Exarriination in Chief by Mr. Hays Cross-examination by Mr. Donnelly INSPECTOR JGiR0L3 GRAHAM (for Complainant) Examination in Chief by Mr. Hays Cross-examination by Mr. Donnelly Recalled Cross- examination by Mr. -
Wrongful Conviction Day, October 2, 2019
Heather Ruzylo To: Carey Campbell Subject: RE: Proclamation Request - Wrongful Conviction Day, October 2, 2019 From: Carey Campbell Sent: Friday, August 23, 2019 11:05 AM To: 'Sharon'; Bill Matson; Heather Ruzylo; Kristine Elia Subject: RE: Proclamation Request - Wrongful Conviction Day, October 2, 2019 Dear Sharon: Thank you for your email requesting a proclamation. I am keying in staff to assist in moving your request forward. I trust that they will be in touch further with details and next steps. carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | [email protected] From: Sharon < > Sent: Thursday, August 22, 2019 4:37 PM To: Jim Diodati <[email protected]> Subject: Proclamation Request - Wrongful Conviction Day, October 2, 2019 Good afternoon Mayor Diodati, I hope this finds you well. My name is Sharon Wilton, a graduate of the Criminal Justice & Public Policy program at the University of Guelph, and a volunteer for Innocence Canada (formerly the Association in Defence of the Wrongfully Convicted). I am writing to you on behalf of Innocence Canada to request a proclamation for October 2nd, 2019 as Wrongful Conviction Day in Niagara Falls. The purpose of Wrongful Conviction Day is to spread awareness about wrongful convictions and the effects these convictions have on individuals, their families, and the society at large. Through Wrongful Conviction Day, Innocence Canada aims to decrease the amount of wrongful convictions in Canada by encouraging the justice system to address issues that contribute to wrongful convictions. -
Online Chapter: Youth Justice in Canada
Police officers skate with a youth at the opening of the Regent Park skating rink in Toronto. Why might positive experiences with police officers help discourage criminal behaviour in youth? (rmnoa357/Shutterstock.com) Online Chapter: Youth Justice in Canada LEARNING OUTLINE After reading this chapter, you will be able to • Describe current trends in youth crime • Identify the differences between the Juvenile Delinquents Act, the Young Offenders Act, and the Youth Criminal Justice Act • Provide some reasons why sentences for youth are mitigated • Describe the involvement of youth in serious and violent crimes • Identify the pathways to girls’ involvement in crime 2 CASE STUDY Youth Involved in Homicide Brett Wiese, a University of Calgary student, was stabbed to death on 12 January 2013 after a group of young people who had been kicked out of a house party “returned with a ‘posse’” to carry out a “revenge-motivated assault” (Martin, 2015). Wiese was stabbed seven times, another partygoer was severely wounded, and several others were assaulted. Jazlyn Radke, who was 17 years old at the time, was found guilty of second- degree murder, two counts of assault, and one count of aggravated assault for her role in the offences. According to the Canadian Broadcasting Corporation (2015), Radke had been kicked out of the party but she “refused to go and was scream- Mitchell Harkes, the 19-year-old who was sentenced to ing, swearing and swinging at partygoers before life imprisonment along with Radke, is shown here being vowing to return.” arrested. The public is generally understanding of youth Although the murder occurred in January 2013, who commit minor crimes but is less forgiving of youth and Radke was convicted in April 2014, the sen- who commit violent offences. -
In the Matter of Steven Truscott
IN THE MATTER OF STEVEN TRUSCOTT ADVISORY OPINION ON THE ISSUE OF COMPENSATION THE HONOURABLE SYDNEY L. ROBINS, Q.C. March 28, 2008 TABLE OF CONTENTS INTRODUCTION ................................................................................................................................... 1 I. MY MANDATE ........................................................................................................................... 2 II. FACTUAL BACKGROUND....................................................................................................... 3 III. REFERENCE TO THE COURT OF APPEAL............................................................................ 7 IV. DECISION OF THE COURT OF APPEAL ................................................................................ 9 (i) The First Pillar Evidence Elated to the Time of Lynne Harper's Death ........................ 9 (it) The Second Pillar Eyewitness Evidence as to Where and When Steven Truscott was Seen on the Evening of June 9 .................................................. 11 (Hi) The Third Pillar. Post-Offence Conduct......................................................................... 13 (iv) The Fourth Pillar The Penis Lesions Evidence .............................................................. 14 (v) Other Evidence Considered by the Court of Appeal ........................................................ 15 The Court of Appeal's Conclusion................................................................................................. 17 V. ENTITLEMENT -
The Social Construction of Wrongful Conviction in Canadian News Coverage
The Social Construction of Wrongful Conviction in Canadian News Coverage By Lisa Bell A Thesis presented to The University of Guelph In partial fulfillment of requirements for the degree of Master of Arts in Criminology and Criminal Justice Policy Guelph, Ontario, Canada © Lisa Bell, December, 2015 ABSTRACT THE SOCIAL CONSTRUCTION OF WRONGFUL CONVICTION IN CANADIAN NEWS COVERAGE Lisa Bell Advisor: University of Guelph, 2015 Dr. Carolyn Yule Wrongful conviction in news media is understudied in the Canadian context. Accordingly, the current study explores the construction of wrongful conviction in three Canadian newspapers published between 2008 and 2013 through a quantitative content analysis and thematic analysis. A large sample of 280 articles is used to examine how wrongful conviction is defined, how the problem is typified, how wrongfully convicted individuals are constructed, and what solutions are offered or evaluated in media coverage. The results indicate that news media typically reports on sensational cases after the conviction has been overturned and situates the problem in the legal system. Although wrongfully convicted individuals are identified as the primary victim, news media largely ignores the role of systemic discrimination in convicting the innocent and portrays the criminal justice system as self-correcting. Policy implications and directions for future research are discussed. iii ACKNOWLEDGEMENTS To Dr. Carolyn Yule, you have been so inspirational. I am incredibly lucky to have worked with you on this project. Your consistent support and enthusiasm is so greatly appreciated and I sincerely value your wisdom and friendship. You are a role model for me in so many ways. To Dr. -
DNA and the Criminal Justice System: Consensus and Debate
877 DNA and the Criminal Justice System: Consensus and Debate David Lazer and Michelle N. Meyer In the last decade, DNA analysis has become a mainstay of the criminal justice system—the gold standard for identification. Following Breyer's and Jasanoff's discussions of the role of deliberation in the integration of technology and society, this concluding chapter examines where we, as a society, have reached a consensus—or should—on the use of DNA in the justice system, and also points to the unsettled areas of debate in which there remains room for reasonable disagreement. As Imwinkelried discusses in his chapter, DNA technology has been rapidly and fairly easily integrated into the courtroom; its integration into the pre- and post-trial areas has been slower and more complex. Nevertheless, some broad areas of agreement exist, or should exist, in these areas, including: that some level of post-conviction relief is warranted; and that some form of DNA databases are effective and appropriate investigatory tools. Beyond that broad 878 consensus, however, exists a sometimes vociferous debate about how extensive post-conviction and database programs should be, and the institutions and rules that should govern them. Below we first summarize the areas of consensus, and then analyze the remaining areas of disagreement. We conclude by discussing deeper questions at the nexus of law, science and society. Areas of consensus There are two broad areas of consensus. First, that DNA changes the meaning of time in the justice system. From this principle follow a number of subsidiary points: that evidence must be preserved; that there should be statutory criteria for post-conviction access and review of evidence; and that statutes of limitation should be increased or abolished.