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I'm Special I I'm Special
!^W.'UJtf"-V^j! _j my I'm Special i I'm special. In all the world there's nobody like me. Since the beginning of time, there has never been another person like me. Nobody has my smile. Nobody has my eyes, my nose, my hair, my voice. I'm special. No one can be found who has my handwriting. Nobody anywhere has my tastes - for food or music or art. no one sees things just as I do. In all of time there's been no one who laughs like me, no one who cries like me. And what makes me laugh and cry will never provoke identical laughter and tears from anybody else, ever. No one reacts to any situation just as I would react. I'm special. I'm the only one in all of creation who has my set of abilities. Oh, there will always be somebody who is better at one of the things I'm good at, but no one in the universe can reach the quality of my com bination of talents, ideas, abilities and feelings. Like a room full of musical instruments, some may excel alone, but none can match the symphony of sound when all are played together. I'm a symphony. Through all of eternity no one will ever look, talk, walk, think or do like me. I'm special. I'm rare. And in rarity there is great value. Because of my great rare value, I need not attempt to imitate others. I willl accept - yes, celebrate - my differences. -
Supreme Court of Canada
File No. 34914 SUPREME COURT OF CANADA (ON APPEAL FROM A JUDGMENT OF THE NOVA SCOTIA COURT OF APPEAL) BETWEEN: HER MAJESTY THE QUEEN APPELLANT (Respondent) - and - ERIN LEE MACDONALD RESPONDENT (Appellant) - and – ATTORNEY GENERAL OF ONTARIO INTERVENER ______________________________________________________________________________ FACTUM OF THE APPELLANT _____________________________________________________________________________________ PUBLIC PROSECUTION SERVICE OF GOWLING LAFLEUR HENDERSON LLP NOVA SCOTIA Barristers and Solicitors Maritime Centre 160 Elgin Street, Suite 2600 1505 Barrington Street, Suite 1225 Ottawa, Ontario K1P 1C3 Halifax, Nova Scotia B3J 3K5 Telephone: (613) 233-1781 Telephone: (902) 424-6795 Facsimile: (613) 563-9869 Facsimile: (902) 424-0653 Email: [email protected] Email: [email protected] Henry S. Brown, Q.C. William D. Delaney, Q.C. Ottawa Agents for the Counsel for the Jennifer A. MacLellan Appellant Counsel for the Appellant WOLCH DEWIT SILVERBERG & WATTS BURKE ROBERTSON LLP Barristers and Solicitors Barristers and Solicitors Suite 1500 200 – 441 MacLaren Street 633 - 6th Avenue S.W. Ottawa, Ontario K2P 2H3 Calgary, Alberta T2P 2Y5 Telephone: (613) 236-9665 Telephone: (403) 265-6500 Facsimile: (613) 235-4430 Facsimile: (403) 263-1111 Email: [email protected] Email: [email protected] Robert E. Houston, Q.C. Hersh Wolch, Q.C. Ottawa Agents for the Counsel for the Counsel for the Respondent Respondent ATTORNEY GENERAL OF ONTARIO BURKE ROBERTSON LLP 720 Bay Street, 10th Floor 200 – 441 MacLaren Street Toronto, ON M5G 2K1 Ottawa, Ontario K2P 2H3 Telephone: (416) 326-4600 Telephone: (613) 236-9665 Facsimile: (416) 326-4656 Facsimile: (613) 235-4430 Email: [email protected] Email: [email protected] John C. Pearson Counsel for the Intervener Robert E. -
Miller Thomson LLP 1998-2008 WRONGFUL CONVICTIONS in CANADA
Robson Court MILLER 1000-840 Howe Street Vancouver, BC Canada V6Z 2M1 THOMSON LLP Tel. 604.687.2242 Barristers & Solicitors Fax. 604.643.1200 Patent & Trade-Mark Agents www.millerthomson.com VANCOUVER TORONTO CALGARY EDMONTON LONDON KITCHENER-WATERLOO GUELPH MARKHAM MONTRÉAL Wrongful Convictions in Canada Robin Bajer, Monique Trépanier, Elizabeth Campbell, Doug LePard, Nicola Mahaffy, Julie Robinson, Dwight Stewart International Conference of the International Society for the Reform of Criminal Law June 2007 This article is provided as an information service only and is not meant as legal advice. Readers are cautioned not to act on the information provided without seeking specific legal advice with respect to their unique circumstances. © Miller Thomson LLP 1998-2008 WRONGFUL CONVICTIONS IN CANADA Authors: Robin Bajer Monique Trépanier Elizabeth Campbell Doug LePard Nicola Mahaffy Julie Robinson Dwight Stewart TABLE OF CONTENTS WRONGFUL CONVICTIONS IN CANADA ...............................................................................2 CHAPTER ONE – Introduction and Background By Robin Bajer and Monique Trépanier..................................................................2 CHAPTER TWO – How Police Departments Can Reduce the Risk of Wrongful Convictions By Elizabeth Campbell and Doug LePard.............................................................12 CHAPTER THREE – Review: Wrongful Convictions and the Role of Crown Counsel By Nicola Mahaffy and Julie Robinson.................................................................40 -
Voices of Forensic Science
Chapter 14 The Harmful Repercussions of Wrongful Convictions Preetha Jayanthan, Bailey Hennessy "No one should ever be wrongfully deprived of their rights to liberty and freedom without just cause, yet in the past 25 years alone thousands of people have been wrongfully convicted and sentenced to tens of thousands of years in prison." (Kerik, B. B., 2015) Wrongful convictions occur when the criminal justice system fails to uphold its gold standards and thus miscarriages of justice occur. This chapter will take a close look into wrongful convictions caused by, improperly implementing the gold standards of forensic science through examining the aftermath of a wrongful conviction. By paying particular attention to the process of exonerating an individual; with an emphasis on the resources, or lack thereof, available. The chapter will then move towards the supposed ‘finish line’ of being exonerated. This decision, however, does not make up for the psychological trauma caused to the victim of a wrongful conviction. For many, an incorrect conviction can cost years, if not decades, of one’s life. This often causes wrongfully convicted individuals to lose friends, family, and other important relationships, ultimately resulting in mental health issues. What is a Wrongful Conviction? A wrongful conviction occurs when an individual is accused or sentenced for a crime they did not commit, in other words, a miscarriage of justice has occurred (Denov & Campbell, 2005). The root causes of wrongful convictions are seen to be both individual and systemic in nature (Denov & Campbell, 2005). Some examples 253 Are We There Yet? The Golden Standards of Forensic Science of root causes include false confessions, and bias in the system, such as tunnel vision (Denov & Campbell, 2005). -
Confessions and Statements
Chapter Four: Confessions and Statements TABLE OF CONTENTS I. INTRODUCTION ........................................................................................................................................................ 2 II. ADMISSIONS, STATEMENTS, THE RIGHT TO REMAIN SILENT AND OTHER CHARTER RIGHTS .... 2 A. GENERAL OVERVIEW ................................................................................................................................................................... 2 1. Protections at Trial .................................................................................................................................................................. 3 2. Protections before Trial ......................................................................................................................................................... 4 B. INTERROGATION TECHNIQUES ................................................................................................................................................... 7 1. General .......................................................................................................................................................................................... 7 2. PEACE Interview Technique ............................................................................................................................................. 12 3. Interrogation Techniques, Mentally Disabled Suspects and False Confessions ......................................... 14 4. Discrimination -
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. -
Wrongful Convictions: the Effect of Tunnel Vision and Predisposing Circumstances in the Criminal Justice System
Wrongful Convictions: The Effect of Tunnel Vision and Predisposing Circumstances in the Criminal Justice System Bruce A. MacFarlane 0 Table of Contents Part I: Introduction............................................................................................................... 2 Part II: “Predisposing Circumstances” in the Criminal Justice System............................ 5 A. Public and media pressure on law enforcement agencies..........................................7 B. Public reaction to the background of an offender. ...................................................16 C. Noble cause corruption.............................................................................................20 D.Distortions due to extraneous influences ..................................................................25 Part III: Tunnel Vision in the Criminal Justice System ............................................28 A. What is tunnel vision? ..............................................................................................28 1. Commission of Inquiry in Canada and the United States a) The Morin Public Inquiry b) Commission of Inquiry into the Wrongful Conviction of Stephen Sophonow c) Report of the Commission on Capital Punishment (Illinois) d) The Lamer Commission of Inquiry 2. Critical elements of tunnel vision B. How does tunnel vision occur?...............................................................................33 1. Psychological Roots.....................................................................................34 -
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 -
Timothy Fonseca Case 26 Book Reviews Injustice Anywhere Ten Years 31 Is a Threat to Justice Final Remarks Everywhere
spring 2008 • volume 9 ERIN WALSH He wins justice after 33 years, against overwhelming odds see page 3 photo: canadian press (andrew vaughn) photo: canadian 14 POLICE CAN BE SUED FOR 26 BILL MULLINS- negligence JOHNSON: Louis Sokolov Timothy the day he’ll never reports Fonseca: forget: Oct. 15, 2007 25 wrongly identified contents ◆ executive director’s report the aidwyc journal spring 2008 • volume 9 • issue 38 Development through Columns & News the strength of our people Evolution takes people 2 Erin Walsh exonerated 3 s you’ll read in the following pages, aidwyc is crucial, cases show 5 the length of time, commitment Student involvement in aidwyc 6 A and patience it takes to shepherd a Congrats to Jerome Kennedy 7 wrongful conviction case through the criminal AIDWYC agm 07: celebration! 8 justice system is enormous. Organizational Four condolences 10 change and development, albeit with much, Can you help AIDWYC? 12 much less heartache, also takes time, com- mitment and patience – especially on a shoe- Can AIDWYC help you? 13 string budget. photo: kristen watts Canadian Case Updates Organizational development provides ex- Tanya Gerber citing opportunity for new ideas to take flight Robert Baltovich 14 and tried-and-true methods to be installed. AIDWYC is committed to be- Bill Mullins-Johnson 14 coming a stronger, more efficient organization with one main goal in Romeo Phillion 15 mind: to help more people whose lives have been decimated by a wrong- Sherry Sherett 16 ful conviction. Steven Truscott 18 We’re evolving with the strength of our people, hiring new staff, ex- panding our Toronto office and establishing new protocols. -
AIDWYC the Association in Defence of the Wrongly Convicted
AIDWYC the association in defence of the wrongly convicted AIDWYC is a Canadian based volunteer organization dedicated to preventing and rectifying wrongful convictions. AIDWYC has two broad objectives: first, eradicating the conditions that give rise to miscarriages of justice; and second, participating in the review and, where warranted, correction of wrongful convictions. AIDWYC is an entirely voluntary, non-profit association dedicated to assisting factually innocent persons who have been wrongfully convicted. AIDWYC was founded in 1993. It is the direct successor to the Justice for Guy Paul Morin Committee, a grass-roots organization that came into existence in support of Guy Paul Morin immediately following his wrongful conviction in the summer of 1992. When Guy Paul Morin was released on bail in February 1993, pending his appeal, this Committee reconstituted itself as AIDWYC having consciously decided to broaden its perspective and to act in defence of all persons who had been wrongly convicted. AIDWYC’s Honourary President is the Honourable Gregory T. Evans, the former Chief Justice of the Supreme Court of the Province of Ontario and one of the three Commissioners who presided over the "Royal Commission on the Donald Marshall, Jr., Prosecution". For some ten years ending September 2004 AIDWYC’s Executive Director was Rubin Hurricane Carter who himself spent 20 years in prison for crimes he did not commit. The directors of AIDWYC include lawyers, academics and other interested members of the public. AIDWYC has sponsored or co-sponsored a number of international conferences including the 1994 conference, "Innocents Behind Bars"… the 1995 conference "Justice on Trial: The Wrongful Conviction of Guy Paul Morin", the 1996 conference "Coffin’s Legacy: Keeping the Death Penalty at Bay”, the 1998 conference in Chicago, Illinois "The National Conference on Wrongful Convictions and the Death Penalty" (of which AIDWYC was a co-sponsor). -
Bibi Sangha, Robert Moles, Flinders University Miscarriages of Justice Sem 5 MOJ Canada Link to Miscarriages of Justice Course Homepage
Bibi Sangha, Robert Moles, Flinders University Miscarriages of Justice Sem 5 MOJ Canada Link to Miscarriages of Justice Course Homepage Seminar five – Law on Miscarriages of Justice – Canada Group B: Forensic Investigations - Chap 4 ‘Law on Miscarriages of Justice: Canada’ If we were to compare the Australian and Canadian procedures on criminal appeals, there are clearly recognisable similarities between them. The Petition Procedure In Canada, once a person’s appeal rights have been exhausted, the only means of reopening a case is by petition under S 696.3 of the Canadian Criminal Code, R.S.C. 1985, c. C-46, to the Federal Minister of Justice (an elected official who also serves as the Attorney General of Canada). It is interesting to note that it is the federal minister in Canada who has responsibility for the administration of criminal justice, whereas in Australia it is the responsibility of the state attorney-general. It is also interesting to see that the Canadian Minister can directly re-open cases by ordering new trials or appeals, where ‘there is a reasonable basis to conclude that a miscarriage of justice likely occurred. In Australia, this can only be done by a decision of the appellate court. It is also interesting to note that the Minister of Justice has the power to refer cases directly to the Supreme Court of Canada, something that has been done in at least three cases of suspected miscarriages of justice. Re Coffin (1955), 116 C.C.C . 215; Re Truscott, [1967] S.C.R. 309; Reference re Milgaard, [1992] 1 S.C.R. -
ERIN MACDONALD -And
File Number: 34914 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE NOVA SCOTIA COURT OF APPEAL) BETWEEN: ERIN MACDONALD APPELLANT/RESPONDENT (Appellant) -and- HER MAJESTY THE QUEEN (NOV A SCOTIA) RESPONDENT/APPELLANT (Respondent) -and- DIRECTOR OF PUBLIC PROSECUTIONS and ATTORNEY GENERAL OF ONTARIO INTERVENERS FACTUM OF THE INTERVENER THE DIRECTOR OF PUBLIC PROSECUTIONS (Pursuant to Rules 37 and 42 of the Rules of the Supreme Court of Canada) Public Prosecution Service of Canada Brian Saunders Atlantic Regional Office Director of Public Prosecutions Suite 1400 Duke Tower East Memorial Building, 2nd Floor 5251 Duke Street 284 Wellington Street Halifax, Nova Scotia B3J 1P3 Ottawa, Ontario (per: James C. Martin and KIA OH8 Ann Marie Simmons) (per: Fran<;ois Lacasse) Tel.: (902) 426-2484 Tel.: (613) 957-4770 Fax: (902) 426-1351 Fax: (613) 941-7865 Email: [email protected] Email: [email protected] Counsel for the Intervener Ottawa Agent for the Intervener William D. Delaney, Q. C and Henry S. Brown, Q.C. Jennifer A. MacLellan Public Prosecution Service of Gowling Lafleur Henderson LLP Nova Scotia Barristers and Solicitors 1505 Barrington Street, Suite 1225 2600 - 160 Elgin Street Halifax, NS B3J 3K5 Ottawa, ON KIP 1C3 Tel. (902) 424-6795 Tel. (613) 232-1781 Fax (902) 424-0653 Fax (613) 563-9869 E-mail: [email protected] E-mail: [email protected] Counsel for the Appellant Ottawa Agent for the Appellant Hersh Wolch, Q.C. Robert E. Houston, Q.C. Wolch Dewit Silverberg & Watts Burke-Robertson Barristers and Solicitors 70 Gloucester Street 633-6th Avenue S.W., Suite 1500 Ottawa, ON K2P OA2 Calgary, AB T2P 2Y5 Tel.