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mandate of the Osgoode Hall Innocence Project is to address, in a
systematic manner, the phenomenon of wrongful convictions. This is
accomplished through our clinical work and legal research.
Clinical Work
The clinic provides supervised assistance to persons claiming
to have been wrongfully convicted. Cases are carefully pre-screened
based on established principles and policies of The Innocence Project
and Osgoode Hall. Reviews of new applications for assistance from
The Osgoode Hall Innocence Project involve as many as five stages:
Stage 1:
Technical review of eligibility - Some of the criteria
on which applications are accepted or rejected include:
- A conviction for a serious offence - The applicant
must have been convicted of a serious criminal offence. No indictable
offence is prima facie excluded. Summary conviction offences are
excluded unless the Innocence Project feels there are compelling
reasons why the application should proceed further.
- All rights of appeal have been exhausted -
Prospective clients must normally have appealed their conviction(s)
to the applicable court of appeal of the province.
- A claim of factual innocence is seriously advanced
- Cases are only accepted if, on his/her own facts, the applicant
is not guilty of the offence at issue or any included criminal
offence(s). Other policy considerations may also be considered.
- Alternative resources are unavailable - The
Osgoode Hall Innocence Project must limit itself to assisting
individuals who do not have the resources necessary to pursue
a remedy privately.
Stage 2: Initial
practical assessment - If an application passes Stage 1,
an assigned student will review background materials in an effort
to determine whether the Project may be able to assist.
Stage 3:
Group assessment - Current Innocence Project students
and faculty jointly decide whether the Project can theoretically
and practically assist and whether the case merits devotion of Project
time and resources.
Stage 4: Investigation - Cases
that pass stage 3 will be reinvestigated in an effort to locate
and substantiate exculpatory evidence.
Stage 5: Final decision - Based
on the results of the re-investigation, the Osgoode Hall Innocence
Project decides whether or not to officially accept a file and formally
advocate on the client's behalf to the appropriate authority.
Please note that until Stage 5, the Innocence Project has
not agreed to advocate on a client's behalf and may choose to reject
a file at any time under the discretion of the Director or Associate
Director. Our ultimate decision will depend on numerous
factors, including the availability of required resources. We must
limit ourselves to cases where our efforts and resources can be
most appropriately applied.
Please be advised that the application review process can
be a lengthy one. Although we endeavour to be as expeditious
as possible, we can offer no assurances as to when an application
review will be complete. It will almost certainly be several months.
Selected cases are exhaustively
analyzed and reinvestigated based on the individual nature of each
wrongful conviction. The process involves many hundreds of student
hours of attempting to locate evidence to prove a miscarriage of
justice to the satisfaction of the Minister of Justice (under PART
XXI.1 of the Canadian Criminal Code: Applications for Ministerial
Review - Miscarriages of Justice), or to compel some other appropriate
remedy. In the normal course, a remedy can only be obtained based
upon new significant evidence.
If you believe that your claim of wrongful conviction falls within
this mandate please visit our Apply
Online page to learn more about ways in which to contact
The Innocence Project for assistance.
Legal Research
In addition to assisting those wrongfully convicted, The
Osgoode Hall Innocence Project studies the workings of the criminal
justice system as it pertains to the issue of wrongful convictions.
Academic work includes research on the larger issues raised by The
Innocence Project's clinical investigative/advocacy work, including
the symptoms and causes of, and potential remedies for, wrongful
convictions. The Osgoode Hall Innocence Project also engages in
law reform advocacy, including any number of activities designed
to educate the public and, ultimately, curtail and eliminate conviction
of the innocent.
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