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Wrongful Convictions in Canada

By TChris, Section Innocence Cases
Posted on Wed Sep 21, 2005 at 09:19:57 PM EST
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by TChris

William Mullins-Johnson of Sault Ste. Marie, Ontario, spent 12 years in prison for raping and strangling his 4 year old niece. No forensic evidence connected him to the crime. His conviction rested on the testimony of a pathologist, Dr. Charles Smith, whose testimony in 40 cases of "suspicious" child deaths is now under review.

Two experts, including Ontario's chief pathologist, now say [the niece] was never sexually abused or strangled. They argue she in fact died of natural causes, possibly from choking on her own vomit caused by a chronic stomach ailment.

Justice Minister Irwin Cotler ordered Mullins-Johnson released on bail while he decides whether to quash the guilty verdict and order a new trial, return the case to the Ontario Court of Appeal, or dismiss Mullins-Johnson's request for review.

Mullins-Johnson isn't the only person who may have suffered a wrongful conviction in the Canadian system of criminal justice.

Also on hand for the bail hearing was Newfoundlander Ron Dalton, who spent more than eight years in jail for killing his wife even though her death was an accident.

The linked article lists several other convicted Canadians who have been exonerated or who have strong claims of innocence.

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    Wrongful Convictions in Canada | 2 comments (2 topical)
    Re: Wrongful Convictions in Canada (none / 0) (#1)
    by cpinva on Sat Dec 17, 2005 at 01:04:10 PM EST
    i suppose, in a way, this makes me feel sort of better. it's nice to know that the u.s. isn't alone in the field of criminal justice incompetence. perhaps it's time to take a different approach. i suggest the "second opinion" method used in medicine. have the same evidence reviewed by two or more, independent, experts, hired by the state, with no knowledge of what the others have previously determined. i make no guarantees that it will be 100% successfull in eliminating wrongful convictions or exonerations, but nothing is. i also realize it will be expensive to implement. i suggest it be reserved for capital crimes, at least initially.

    Re: Wrongful Convictions in Canada (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:11 PM EST
    Here's a question. Canada abolished the death penalty back in 1976. In the U.S., would this man have gotten the death penalty? If so, would he have been executed by now?

    Wrongful Convictions in Canada | 2 comments (2 topical)