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Wrongful Convictions in Canada
A discussion concerning
the issue of wrongful convictions, including an examination of
other cases in recent history.
David Milgaard
Milgaard was convicted in 1970 of the murder of Saskatoon nursing
aide Gail Miller, and was sentenced to life imprisonment. Milgaard
spent 23 years in prison before the Supreme Court of Canada set
aside his conviction. In 1997, DNA evidence cleared Milgaard
of the murder. In 1999, Larry Fisher was found guilty of Gail
Miller’s murder . Milgaard was awarded $10 million by the
Saskatchewan government for his wrongful conviction.
More Information on the Milgaard
Case is available at the CBC’s
web archives site
Commission of Inquiry into the Wrongful
Conviction of David Migaard from the Government of Saskatchewan
Donald Marshall
Marshall, a member of the Mi’kmaq nation, was sentenced in
1971 to life imprisonment for the murder of Sandy Seale. He spent
11 years in prison before being acquitted by the Nova Scotia
Court of Appeal in 1983. The case led to the establishment of
a Royal Commission in 1986 that questioned the prosecution of
his case, as well as a 1990 enquiry investigating the judges
who had heard the case. The case was also significant in that
it helped to advance the case of First Nations’ communities
for the development of Aboriginal justice programs. Marshall
received $250,000 in compensation for his wrongful conviction,
plus a monthly annuity from the government of Nova Scotia .
Guy Paul Morin
Morin was sentenced in 1992 to life imprisonment for the murder
of nine-year-old Christine Jessop. Although Morin was acquitted
of murdering Christine at his first trial in 1986, the Court
of Appeal ordered a new trial based on the grounds that the trial
judge made a fundamental error that prejudiced the Crown’s
right to a fair trial. Morin was convicted in the second trial.
In 1995, new DNA tests exonerated Morin of the murder. Subsequently,
Morin’s appeal was successful; ultimately, he was acquitted
of the murder. An enquiry into Morin’s case uncovered evidence
of police and prosecutorial misconduct, and misrepresentation
of forensic evidence by the Crown expert witnesses .
Report on Proceedings Involving Guy Paul Morin from the Office
of the Attorney General of Ontario
Thomas Sophonow
Sophonow was convicted in the murder of Barbara Stoppel; he spent
four years in prison before the Manitoba Court of Appeal acquitted
him of the murder in 1985. In 2000, the Winnipeg police publicly
apologized to Sophonow and announced that DNA evidence had completely
cleared him of the murder. The case also raised concerns about
the use of jailhouse informants. Douglas Martin, an informant
who claimed he heard Sophonow confess to the murder, was instrumental
to building the original case against Sophonow.
Inquiry Regarding Thomas Sophonow by the Manitoba Department of
Justice
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