Networked Knowledge
Canadian Issues Homepage

Authors of this page: Dr Robert N Moles and Bibi Sangha

UK cases

Informants homepage
Go here for misconduct proceedings involving Cosgrove J.
Go here for articles on Kyle Unger case
Go here for Dr Charles Smith cases, including Tammy Marquardt, William Mullins-Johnson
A state of Injustice
Losing Their Grip - The Case of Henry Keogh

Please note that some of the links on this page are to documents in Adobe Acrobat (.PDF) format and require that Adobe Acrobat Reader 4.0 or higher is installed on your computer. If Acrobat Reader is not installed on your computer, it can be downloaded free of charge by clicking on the "Get Adobe Reader" link at the bottom of this page.

Academic articles and reports

External link: Ministry of Justice - Annual Report 2008 Addressing Possible Miscarriages of Justice
External link: Ministry of Justice - Annual Report 2007 Applications for Ministerial Review
February 2007 - Prof Kent Roach - Editorial "Understanding and Preventing Wrongful Convictions" Criminal Law Quarterly Vol 52 No 2
February 2007 - Prof Kent Roach - The Case for Excluding Tainted Identification Evidence and Jailhouse and Coerced Confessions [Abstract] Criminal Law Quarterly Vol 52 No 2
2006 - Prof Kent Roach - The Protection of Innocence under Section 7 of the Charter - Supreme Court Law Review
2004 - Kerry Scullion - Wrongful Convictions and the Review Process under s.696.1 of the Criminal Code (the petition procedure)
Book Review by Win Wahrer - AIDWYC - Kerry Pither  - Dark Days The Story of Four Canadians Tortured in the Name of Fighting Terror
January 1992 - Wrongul Convictions in the Criminal Justice Process - Philip Rosen - Senior Analyst Govt of Canada from the archives

Law Reports

2009 - R. v. Peng, 2009 ONCA 921 drowning murder or manslaughter, summing up to jury
2000 - R. v J.-L.J. 2 S.C.R. 600 expert evidence - sexual assault
2000 - R. v D.D. 2 S.C.R. 275 expert evidence - child complaint sexual assault
1998 - Charemski v The Queen 123 CCC (3d) 225 - important case of circumstantial evidence
1994 - R v Mohan 2 S.C.R. 9 expert evidence
1955 - R v Boucher - Supreme Court of Canada - The classic case on the role of the prosecutor

The Inquiry into Paediatric Forensic Pathology in Ontario

This is the Inquiry headed by The Honourable Stephen T Goudge Commissioner Link to the Commission's website
We are pleased to announce that Dr Bob Moles of Networked Knowledge, and Bibi Sangha of the Law School, Flinders University, have been engaged by the Commission to provide them with a paper relating to paediatric deaths in South Australia. The report will subsequently be published as part of the Commission's proceedings.
Report to be released 1 October 2008
Information about the South Australian cases which will provide part of the focus to this work may be found here

Dr Charles Smith, Paediatric Pathologist, Ontario, Canada Homepage
It was the issues in relation to Dr Smith's cases which provided the impetus for setting up the Commission of Inquiry

AIDWYC - Association in Defence of the Wrongly Convicted

(AIDWYC)Many of the cases on this page have resulted from the outstanding work of AIDWYC which is the leading model for challenging wrongful convictions

25 January 2010 - Midland Mirror - Justice system far from perfect, lawyer tells crowd
1 January 2010 - Globe and Mail - James Lockyer, Nation Builder of the Decade for Justice
24 May 2009 - Toronto Star - A former elite school boy who defends the downtrodden [James Lockyer]
12 April 2009 - Three films on Canadian miscarriages of justice - Witch Hunt, This Can Happen To You, Mr Big
24 January 2009 - Globe and Mail - Million-dollar gift from retired judge to fund the work of AIDWYC
14 July 2008 - Canadian Press - Groups behind Truscott victory [AIDWYC] mulls widening focus to non-murder convictions
25 April 2008 - The 2nd annual June Callwood Lecture by James Lockyer
13 March 2008 - Northern Life - James Lockyer: Guilty until proven innocent
1 March 2008 - Sudbury Star - Defence lawyer fighting for justice
10 January 2008 - Guelph Mercury - James Lockyer: Truth must drive the system
3 January 2008 - Guelph Mercury - James Lockyer
1 May 2007 - Illawarra Mercury (Australia) - International body (AIDWYC) looks at Catt case

Compensation issues

Overview of compensation payments for wrongful convictions in Canada

Legal Aid issues

19 November 2009 - The Star - Danger of wrongful convictions under current legal aid system
4 August 2009 - The Star - Judge blasts 'tragic' neglect of legal aid

Canadian Federal Report on the Prevention of Miscarriages of Justice October 2005

Introduction
International comparisons and footnote references
Canadian Commissions of Inquiry
Problems with "Tunnel Vision" in investigations
Problems with "Eye Witness Evidence" in investigations

General Media Articles

18 December 2009 - Winnipeg Sun / CBC News - Ostrowski gets bail
8 December 2009 - Canadian Press - Miscarriages of justice more likely in coming decade than last: Lockyer
23 October 2009 - Lawyers Weekly - Declarations of innocence - undoing the damage of wrongful convictions
7 November 2009 - Globe and Mail - Ruling gives Crown stronger shield against lawsuits
24 September 2009 - Daily Gleaner - Reports of another wrongful conviction surface in Manitoba [Stanley Ostrowski]
2 October 2009 - Editorial: Winnipeg Free Press - Victims of the state
13 July 2009 - Daily Mail - Father accused of abuse is released after 20 years
18 June 2009 - CBC News - MPs to call for compensation for tortured Canadians: report
20 June 2009 - Toronto Star - Obituary - Stephen Borins, 74: Judge made key tainted-blood ruling
12 June 2009 - Vancouver Sun - After 26 years in prison, Ivan Henry released on bail, awaiting appeal
10 May 2009 - Toronto Star - Ottawa urged to establish forensics watchdog
6 April 2009 - Canadian Press - Guilty verdict in HIV murder case sets bad precedent for disclosure, lawyer says
1 April 2009 - Globe and Mail - Crown lays out tale of bikers' slaughter
19 March 2009 - Globe and Mail - Stefanie Rengel trial
8 March 2009 - Canadian Press - Punish those responsible for wrongful convictions, forum hears
8 March 2009 - Toronto Star - Commission needed to probe miscarriages of justice, legal expert says [Professor Kent Roach]
5 March 2009 - Globe and Mail - Clemency Policy: Ottawa told to help killer on death row in U.S. [Ronald Smith]
3 March 2009 - Globe and Mail - Instructed to curtail crushing red tape, guards watched girl die in her cell
27 February 2009 - Vancouver Sun - Judge upholds ban on name of serial rapist known as Mr. X [Ivan Henry case]
21 January 2009 - CBC TV - “Someone Got Away With Murder” [Andy Rose]
14 January 2009 - Calgary Herald - BC rape suspect not contacted by authorities yet [Ivan Henry]
2 November 2008 - The Province - RCMP: Armed with lies, they hunt for the truth
1 November 2008 - Jamaica Observer - An eye for an eye makes the world blind
27 June 2008 - Guelph Mercury - Being wrong can be costly
26 June 2008 - Globe and Mail - Lawyer for exonerated man [Hanemaayer] seeks review of other alleged Bernardo crimes
25 June 2008 - Globe and Mail - Wrongful Conviction [Hanemaayer] - Ask more critical questions
25 June 2008 - CityNews - Hanemaayer Lived Kafkaesque Nightmare For 20 Years
24 June 2008 - The Star - Crown backs exoneration [Hanemaayer]
24 June 2008 - Globe and Mail - Why do the innocent plead guilty? [Hanemaayer]
20 June 2008 - Globe and Mail - Bernardo confessed to sex-crime Ontario man was convicted for
25 April 2008 - The Record - Errors are shaking the legal system
3 March 2008 - CanwestNews - Musician Jeff Healey dies of cancer
29 February 2008 - Ottawa Sun - It's a tough go
21 February 2008 - South Asian Post - Indo-Canadians use hired hitmen in homeland
12 February 2008 - Kingston Whig Standard - Let's end the war against women
3 February 2008 - The Province - Eight years' jail for innocent man
7 January 2008 - Reuters - Robert Pickton: Surprise appeal in Canadian serial killer case
27 October2007 - Globe and Mail - Uneven abilities led to erratic Charter decisions, judge says
18 October 2007 - Toronto Star - Frank Iacobucci's secretive inquiry
9 October 2007 - Winnipeg Free Press - Police 'duty' refined
15 September 2007 - Daily Press - After 7 years behind bars, wrongly convicted man [Teddy Thompson] enjoys freedom
30 August 2007 - Daily Telegraph - Victoria (Australia) Killers lose appeal over confessions
24 August 2007 - Whig Standard - Pathologists working overtime
22 August 2007 - The Ottawa Citizen - Staffing issues mean victims' bodies must be sent to Kingston or Toronto
15 August 2007 - 680News - Prisoners in Quebec jails to pay for nicotine patches under smoking ban
- Whig Standard - Libel case may set precedent
16 July 2007 - Channel 7 Today Tonight Adelaide - The Forensic Science Centre and South Australian investigations
21 June 2007 - Winnipeg Free Press - Prosecutor's cases to be re-examined
3 May 2007 - Media Release - Commissioner Goudge Appoints Staff to Paediatric Pathology Inquiry
30 April 2007 - Times Recorder- Ex-cons honor wrongly convicted man
24 April 2007 - Too many direct indictments: lawyer
For our North American readers - the ADA Hour - A program forthcoming on NBC about the case of Dennis Fritz
14 April 2007 - Union Tribune by Ray Huard on release of Timothy Atkins
10 April 2007 - Northumberland Today - elected judiciary wrong way to go
21 Sep 2005 - CNews - a CCRC is needed in Canada

Abousfian Abdelrazik

21 September 2009 - Statement of Claim

24 September 2009 - Globe and Mail - Abdelrazik sues Ottawa for $27-million

Robert Baltovich

2004 - R v Baltovich - Judgment of Ontario Court of Appeal
Released on bail pending appeal - faulty directions to jury on identification evidence

14 January 2010 - Toronto Star - Anger as Baltovich gets nothing
5 September 2008 - Canwest News - Baltovich seeks compensation from Ontario for wrongful prosecution
10 June 2008 - National Post - Judge releases Bernardo tape
16 May 2008 - Toronto Star - AG rules out Baltovich probe
5 May 2008 - Caledon Citizen - I always thought Robert Baltovich would be cleared
25 April 2008 - Spectator - Rosie DiManno’s profoundly wacky campaign against Robert Baltovich
25 April 2008 - National Post - You're feeling very sleepy
25 April 2008 - Toronto Star - Baltovich case needs an inquiry
24 April 2008 - National Post - Did Baltovich case reveal more injustice?
24 April 2008 - CTV.ca - Baltovich explains: Why I would support an inquiry
23 April 2008 - Toronto Star - No Baltovich inquiry, AG says
23 April 2008 - Globe and Mail - Baltovich rejected murder-trial bargain
23 April 2008 - Globe and Mail - Baltovich case flawed from start
22 April 2008 - Toronto Star - Robert Baltovich acquitted
17 April 2008 - Globe and Mail - Baltovich retrial delayed
14 April 2008 - City News CA - Second Murder Trial For Robert Baltovich Set To Begin [with timeline]
23 October 2007 - The Star - Crown fears for case as Bain retrial delayed
17 October 2007 - Toronto Star - Another judge has taken over the murder retrial of Robert Baltovich
16 October 2007 - Globe and Mail - New judge appointed in Baltovich case
15 October - CTV - Baltovich murder trial delayed
28 June 2007 - CJFE Celebrates Decisive Victory for Derek Finkle [Baltovich author]
28 June 2007 - CBC News - Baltovich author won't have to hand over notes,
30 May 2007 - Globe and Mail - Notes prove Baltovich lied, Crown alleges
31 May 2007 - Globe and Mail - Baltovich's lawyer blasts Crown for attempt to put writer on the stand
29 May 2007 - Canadian Press - Demanding writer's notes perversion of free press

The Cumberland Murders - Robert Stewart, Richard Mallory, Richard Trudel and James Sauve

Go her for media reports, law reports and links relating to this case

Ronald Dalton / Randy Druken / Gregory Parsons - The Lamer Inquiry Report 2005

29 October 2007 - CBC News - Compensation doesn't buy back lost years: Dalton
Table of Contents
Annexures
9 April 2009 - CBC - This Can Happen to You -  Ron Dalton's wrongful conviction and vindication

James Driskell

19 September 2008 - Winnipeg Free Press - Driskell to get $4 million for wrongful conviction
19 September 2008 - Globe and Mail - Settlement reached in Driskell wrongful conviction: report
May 2008 - Sun Media - Crown’s star witness in Driskell case dies
28 June 2007 - Sun Media - Policeman involved in Driskell case on drug charges
15 June - CBC News - Driskell's civil suit can proceed mostly intact, judge rules

Dudley George - Ipperwash Shooting

9 June 2007 - Toronto Star - speech upon Graduation of William Mullins-Johnson
31 May 2007 - The Toronto Star - Ipperwash inquiry concludes Harris misled legislature
30 May 2007 - The Toronto Star - Inquiry into shooting of Dudley George to report
1 May 2007 - The First Perspective (Aboriginal News) - Dudley George report to be made public

Donald Marshall

16 October 2009 - Chronicle Herald - Chiefs agree to pay Donald Marshall family
8 October 2009 - The Daily Gleaner - Journalist wants Donald Marshall statue erected in front of Supreme Court of Canada
17 September 2009 - CBC News - Marshall family pushes chiefs for compensation
6 August 2009 - CBC News - Wrongfully convicted Donald Marshall Jr. dies

David Milgaard

External Link: The Milgaard Commission Final Report September 2008

1992 - R v David Milgaard - Reference Supreme Court of Canada Conviction for murder overturned - retrial allowed

27 September 2008 - StarPhoenix - Joyce Milgaard thanks journalists
26 September 2008 - Canwest News - Canada needs new system for wrongful conviction reviews: Milgaard report
24 September 2008 - CJOB - City approves its share in Driskell compensation settlement
21 July 2008 - Canwest News Service - Sask.'s Milgaard inquiry report to be made public soon
18 July 2008 - Globe and Mail - Milgaard report due out within weeks, lawyer says
4 June 2007 - Sun Media - Joyce Milgaard given honorary degree

Guy Paul Morin

1996-98 Kaufman Inquiry into Morin's wrongful conviction

Frank Ostrowski

24 November 2009 - Winnipeg Free Press - Killer seeks bail during case review"
25 November 2009 - Winnipeg Free Press - Winnipeg man may have been wrongfully convicted
24 September 2009 - Daily Gleaner - Opinion: Reports of another wrongful conviction surface in Manitoba
17 September 2009 - Winnipeg Free Press - Murderer seeks bail; says trial wasn't fair
16 September 2009 - CBC News - Miscarriage of justice 'reasonable' in Ostrowski case

Romeo Phillion

5 March 2009 - R v Phillion - Judgment of Court of Appeal overturning conviction

2 February 2010 - Ottawa Citizen - Crown attacks alibi put forward by man seeking acquittal
1 February 2010 - Toronto Star - Crown hoping to simply close 1967 case, but accused man seeks full acquittal
4 April 2009 - Canadian Press - Crown won't appeal decision to strike down Romeo Phillion's murder conviction
6 March 2009 - CBC News - Phillion's lawyer requests meeting with Ont. attorney general
6 March 2009 - Toronto Star - Court lifts cloud over Romeo Phillion
5 March 2009 - Globe and Mail - New trial ordered for Phillion
27 November 2008 - The Ottawa Citizen - Phillion appeal judges urged to ignore study of false confessions
27 November 2008 - Globe and Mail - Alibi confusion a problem, judge in Phillion case says
26 November 2008 - Canadian Press - False confession expert unreliable, Phillion hearing told
26 November 2008 - Globe and Mail - Judges dismiss 'simplistic' Crown theory
28 November 2008 - Toronto Star - Phillion's confession cost him 3 decades in prison; now he hopes ruling will clear him of murder
28 November 2008 - Globe and Mail - Judges to decide Phillion's fate: Case is litmus test for wrongful conviction
25 November 2008 - Canadian Press - Troubling questions about alibi infuse alleged wrongful conviction hearing
25 November 2008 - Toronto Star - Convicted man's lawyers say police and Crown's office buried possible alibi account
25 November 2008 - Globe and Mail - Special review of 1972 conviction: Judges grill Crown over lost murder-case evidence
24 November 2008 - Canadian Press - Romeo Phillion properly convicted of murder in 1972, had 'superb' lawyer, feds argue
24 November 2008 - Toronto Star - Lawyers want expert to explain recanted confession
20 November 2008 - Globe and Mail - Phillion a 'hapless' ne'er-do-well, court told
20 November 2008 - The Star - Romeo Phillion believed he could benefit from false confession, lawyer says
18 November 2008 - The Star - Crown's integrity at issue in Phillion appeal
18 November 2008 - Globe and Mail - Motives of Crown questioned in Phillion appeal
18 November 2008 - Canadian Press - Crown integrity an issue at Romeo Phillion wrongful conviction hearing
7 March 2008 - Toronto Star - Appeal panel reviewing Romeo Phillion's conviction in 1967 death
26 January 2008 - Globe and Mail - Romeo Phillion Case: Prosecution concealed proof of alibi, lawyer says
25 January 2008 - Globe and Mail - Romeo Phillion Case: Lawyer outraged evidence was suppressed
8 November 2001 - Globe and Mail - Man jailed 29 years had alibi, but police buried it extended review

James Roszko

Go here for articles on Kyle Unger case, also involving the 'Mr Big' operation

"Mr Big" - The Techniques the RCMP don't want you to know about - Autumn 2007

21 January 2010 - Edmonton Journal - Hennessey no longer appealing guilty plea in RCMP killings
14 July 2009 - Edmonton Journal - 'All Roszko wanted to do was get in and burn the Quonset,' Hennessey claims - Part 26
13 July 2009 - Edmonton Journal - Mr. Big casts his spell on Shawn Hennessey - Part 25
12 July 2009 - Edmonton Journal - 'It's Shawn's belief that you guys are all cops' -Cheeseman to Mr. Big - Part 24
11 July 2009 - Edmonton Journal - Mr. Big uses Cheeseman in a prostitution scam - Part 23
10 July 2009 - Edmonton Journal - The RCMP lie, and lie, and lie, and lie and lie, and lie - Part 22
6 July 2009 - Edmonton Journal - Mr. Big to Cheeseman: 'I sincerely care about you' - Part 18
5 July 2009 - Edmonton Journal - Mr. Big offers Dennis Cheeseman a chance for a life of easy crime - Part 17
4 July 2009 - Edmonton Journal - Mr. Big runs some guns (and Cheeseman tags along) Part - 16
30 June 2009 - Edmonton Journal - Was Cheeseman the victim of a sexual predator? - Part 12
29 June 2009 - Edmonton Journal - Mr. Big beats up a very bad dude - Part 11
28 June 2009 - Edmonton Journal - The bait and the switch - Part 10
27 June 2009 - Edmonton Journal - Where an attractive RCMP undercover agent wins the heart of a murder probe target - Part 9
26 June 2009 - Edmonton Journal - Undercover and Unsuccessful in Barrhead - Part 8
25 June 2009 - Edmonton Journal - 'I knew that Roszko was going to kill those RCMP officers': Part 7
24 June 2009 - Edmonton Journal - Dennis Cheeseman's first confession to the RCMP: Part 6
23 June 2009 - Edmonton Journal - The lies of Dennis Cheeseman: Part 5
22 June 2009 - Edmonton Journal - The lies of Shawn Hennessey: Part 4
21 June 2009 - Edmonton Journal - Jim Roszko: Master of seduction and coercion - Part 3
20 June 2009 - Edmonton Journal - Roszko’s mother tells one story to the murder investigators, then another in her testimony -  Part 2
19 June 2009 - Edmonton Journal - Mayerthorpe killer molested accomplice, family alleges - Part 1
2 April 2009 - Edmonton Journal - Roszko accomplices launch appeal
19 February 2009 - Edmonton Journal - Parole officer backs complaints of Roszko's helpers
18 February 2009 - Canadian Press - Milgaard lawyer agrees to represent man appealing sentencing in RCMP killings
6 February 2009 - Edmonton Journal - Men convicted in Mountie murders may appeal
30 January 2009 - CBC News - RCMP: Anatomy of an ambush.
20 January 2009 - Globe and Mail - Manslaughter pleas in Mayerthorpe case.
27 February 2008 - CBC-TV - Bad Day at Barrhead.
1 March 2007 - CBC News - Alberta farmer to blame in slayings of 4 Mounties: reports.

Thomas Sophonow

Barbara Stoppel aged 16 found dead 1981. Sophonow convicted 1983. Acquitted 1985.

Steven Truscott

Media and Legal Reports

Erin Walsh

Erin Walsh web site: please go and sign the petition

9 October 2008 - New Brunswick Court of Appeal - Reasons for acquittal - judgment announced 14 March 2008

2 June 2009 - Telegraph-Journal - N.B. case interests 'Hurricane'
20 October 2009 - Telegraph Journal - Tories want payout revealed
16 October 2009 - Telegraph Journal - Justice requires disclosure [Erin Walsh]
13 October 2009 - CBC News - Wrongfully convicted man's trial delayed 2 weeks
31 July 2009 - Telegraph Journal - Minister pleased Walsh case to be decided
30 July 2009 - Telegraph-Journal - Walsh to get his day in court
29 June 2009 - CBC News - N.B. Tory MLA calls for independent inquiry into Walsh case
19 June 2009 - CBC News - Police probe whether RCMP database improperly used in Walsh case
18 April 2009 - CBC News - Remarks underline need for public inquiry, says wife of Erin Walsh
16 April 2009 - 88.9 / CBC News House Speaker rejects petition [Erin Walsh]
9 April 2009 - Telegraph-Journal - Burke taken off case
7 April 2009 - Canadian Press - NB justice minister accused of saying acquitted man `once killed another man'
7 April 2009 - CBC News - Remarks were 'careless,' underline need for public inquiry, says wife of Erin Walsh
7 April 2009 - Globe and Mail - NB Attorney-General accused of saying acquitted man killed before
23 December 2008 - Globe and Mail - Wrongful Conviction: The Erin Walsh Case
22 December 2008 - Globe and Mail - Wrongfully imprisoned, denied closure and dying
19 December 2008 - The Lawyers Weekly - New Brunswick records its first wrongful conviction
22 November 2008 - Telegraph-Journal - Family seeks justice for dying man
16 June 2008 - Telegraph Journal - Judge to hear arguments from Walsh's lawyers
14 March 2008 - Toronto Star Dying man acquitted of 1975 murder conviction
14 March 2008 - Canwest News - Dying man granted acquittal on decades old murder conviction
14 March 2008 - Canadian Press - NB appeal court to hear unusual appeal of 1975 murder conviction
17 October 2007 - CBC TV - If Justice Fails: the case of Erin Walsh
17 October 2007 - Toronto Star - Erin Walsh: new evidene to say 'not guilty'

Jack White

3 December 2009 - Globe and Mail - Man who says he was framed on sex charge can reopen case [Jack White]
29 September 2009 - Toronto Star - One man's quest for vindication [Jack White]
29 September 2009 - Globe and Mail - A life ruined by abuse and 'bashed around' by the courts [Jack White]

Links to external sites

The Fifth Estate - The Wrong Man A string of wrongful murder convictions - and the man who prosecuted them
Social Actions - entrapment in Canada
Association in Defence of the Wrongly Convicted - Canada The library on this site has useful court documents on some of their cases
Wrongfully Convicted in Canada an excellent chronology of Canadian cases
The case of John Graham

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