Innocence at Stake: The Need for Continued Vigilance to Prevent Wrongful Convictions in Canada

Report of the Federal/Provincial/Territorial Heads of Prosecutions Subcommittee on the Prevention of Wrongful Convictions - 2018

Federal/Provincial/Territorial Heads of Prosecutions Subcommittee on the Prevention of Wrongful Convictions

Co-Chairs:

• Stephen Bindman, Special Advisor on Wrongful Convictions, Department of Justice Canada
• Eric Tolppanen Q.C., Assistant Deputy Minister, Alberta Crown Prosecution Service, Alberta Justice and Solicitor General

Report Committee:

• Sherri Davis-Barron, Senior Counsel, Public Prosecution Service of Canada
• Chief Officer Doug LePard, O.O.M., Canadian Association of Chiefs of Police
• Superintendent Cliff O’Brien Calgary Police Service
• Cyndria Wedge Q.C., Director of Prosecutions, Prince Edward Island
• John M. Gordon Q.C. British Columbia Prosecution Service
• Staff Sergeant Greg Yanicki, Royal Canadian Mounted Police, E Division
• Leslie Paine, Deputy Director, Crown Law Office - Criminal, Ministry of Attorney General, Ontario
• Superintendent Darlene Savoie, Edmonton Police Service
• Mark Kantor, Senior Crown Attorney, Manitoba Justic Prosecutions Service
• Inspector Laura Livingstone, Royal Canadian Mounte Police, E Division
• Catherine Williams, Alberta Crown Prosecution Service Alberta Justice and Solicitor General

Members:

• Samantha Reynolds, Department of Justice Canada
• Superintendent Chuck McDonald, Royal Canadian Mounted Police, E Division
• Inspector David Hall, Royal Canadian Mounted Police, E Division
• Beverly Klatt, Senior Appellate Counsel, Public Prosecutions, Ministry of Justice and Attorney General
• Lieutenant (Navy) Guillaume Benoit-Gagnè, Director of Military Prosecutions
• Inspector Darren Campbell, M.O.M., Royal Canadian Mounted Police, NHQ
• Lloyd Strickland, Department of Justice and Public Safety, Newfoundland and Labrador
• Peter Craig, Q.C., Senior Crown Counsel, Special Prosecutions, Nova Scotia Public Prosecution Service
• Superintendent Peter Tewfik, Royal Canadian Mounted Police, K Division
• Deputy Commissioner Kevin Brosseau, Royal Canadian Mounted Police, NHQ
• Juli Drolet, Procureure au Bureau du service juridique, Directeur des poursuites criminelles et pénales (Québec)
• Superintendent Larry Montgomery, ‎Royal Canadian Mounted Police, E Division

Former members since 2011:

• Superintendent Barbara Thornborough, Royal Canadian Mounted Police, NHQ
• Inspector Brian Cotton, Royal Canadian Mounted Police, NHQ
• Donovan Molloy, Department of Justice and Public Safety, Newfoundland and Labrador
• Greg Tweney, Ministry of Attorney General, Ontario
• Sergeant Kathy Hartwig, Royal Canadian Mounted Police, E Division
• Oleh Kuzma, British Columbia Prosecution Service
• Mary Ellen Hurman, Ministry of Attorney General, Ontario
• Phil Lefeuvre, Department of Justice and Public Safety, Newfoundland and Labrador
• Suzanne Bernard, New Brunswick Public Prosecution Service
• Rosella Cornaviera, Ministry of Attorney General, Ontario
• Jennifer Woolcombe, Ministry of Attorney General, Ontario
• Benita Wassenaar, Ministry of Attorney General, Ontario
• Superintendent Rich Lowen, Winnipeg Police Service

Acknowledgements

Many people had a part to play in the creation of this Report. The Subcommittee members would like to specifically acknowledge Catherine Williams of the Alberta Crown Prosecution Service for her inimitable research and writing skills; Sharon Sully, also of the ACPS, for keeping the committee organized and on task; Jennie Gill, PhD, Vancouver Police Department for assistance in designing and analyzing the education survey; Robert J. Frater, Q.C. of the Department of Justice Canada for drafting the chapter on Crown advocacy; Caitlin Pakosh, then of Innocence Canada, for sharing her knowledge of developments in the area of expert evidence and forensic science; Shawn Porter, Ministry of the Attorney General for Ontario, for drafting the excerpt on DNA in Chapter 7; Joan Barrett and Fraser Kelly, both of the Ministry of the Attorney General, for their helpful input on Chapter 5, In-Custody Informers.

The team at the Public Prosecution Service which produced the Report was outstanding, especially super translator Caroline Buchler, Robert P. Doyle, Lucie Bélisle and Guylain Racine. Thank you to Kathleen Roussel, Director, for her unwavering support for this Report.

This Report was only possible because of the dedication of these remarkable individuals.

Thank you!

Stephen Bindman
Eric Tolppanen Q.C.
Committee Co-Chairs

Please note the writing of this report‎ was completed in September 2018.