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The Phenomenon of Wrongful Conviction

There is no greater failure of the criminal justice system than a wrongful conviction. In order for a person to be found guilty of a crime they did not factually commit, the justice system must have made gross errors at every step of the process. A wrongful conviction is not only harmful to the innocent person who is accused, but it does an injustice to the victim and society as a whole by allowing the guilty party to remain at large. In Canada, there have been many high-profile wrongful convictions uncovered in the past two decades. However, even more concerning are the "less serious" wrongful convictions that happen every day. The factors which combine to produce a wrongful conviction are not exclusive to high-profile cases of murder - they function on a daily basis to put innocent people in jail for crimes which they did not commit.

Wrongful Convictions in Canada

Name

Charge

Province

Year of Exoneration

Time Served

Ronald Dalton

Second Degree Murder

Newfoundland

2000

8.5 years

James Driskell

Second Degree Murder

Alberta

2005

12 years

Randy Druken

Second Degree Murder

Newfoundland

2000

6 years

Rejean Hinse

Aggravated Robbery

Quebec

1997

9 years

Clayton Johnston

First Degree Murder

Nova Scotia

New trial ordered in 2002

5 years

Herman Kaglik

Sexual Assault

Northwest Territories

1998

5 years

Donald Marshall Jr.

Second Degree Murder

Nova Scotia

1982

12 years

David Milgaard

Second Degree Murder

Saskatchewan

1997

23 years

Guy Paul Morin

Second Degree Murder

Ontario

1995

 

Richard Norris

Breaking and Entering, Indescent Assault

Ontario

1991

2 years

Romeo Phillion

Second Degree Murder

Ontario

Released on bail in 2003 based on new evidence. Exoneration pending.

31 years

Thomas Sophonow

Second Degree Murder

Alberta

2000

30 years

 

[prepared by Moheb Tewfik, class of 2008]

Further Reading:

(coming soon)

 
 
Osgoode Hall Innocence Project
Osgoode Hall Law School, York University
4700 Keele Street, Toronto, ON
M3J 1P3
Tel: 416-736-5174
Alan Young- Director: ayoung@osgoode.yorku.ca