Notes on Wrongful Convictions in Canada

Wrongful Conviction Definition:
- Occurs when an individual is arrested, pleads guilty, or is tried and convicted for a crime they did not commit.
- They can be classified into two types:
1. Factual Innocence: The convicted person is actually innocent.
2. Legal Innocence: The conviction resulted from procedural errors that violated the individual's rights.

Estimates suggest over 89 wrongful convictions in Canada since 1959, but the exact number remains uncertain.
Types of crimes with highest wrongful convictions:
- Homicide (~58%)
- Sexual violence (~25%)
Demographics:
- Majority of wrongfully convicted are men (~85%).
- When race is known:
- White: ~31%
- Indigenous: ~21%
- Most prevalent in Ontario (~43%)
82% of wrongful convictions are without a guilty plea, highlighting issues in plea bargaining.

Eyewitness Identification Error:
- Major contributor; often exacerbated by the cross-race effect.
- Defense lawyers often cannot call experts to explain the fallibility of eyewitness testimony.
False Confessions:
- May arise due to coercion or psychological pressures.
Mr. Big Stings:
- Undercover operations that lead to confessions from innocent individuals.
False Guilty Pleas:
- Individuals plead guilty to avoid harsher sentences despite being innocent.
Tunnel Vision:
- Investigative focus on one suspect, neglecting alternative leads.
Systemic Discrimination:
- Bias based on race, socio-economic status, etc.
Forensic Science Errors:
- Misapplication or misinterpretation of forensic methods.
Jailhouse Informant Testimony:
- Testimonies from inmates incentivized to testify against others.
Professional Misconduct:
- Factors such as high-profile cases can lead to compromised integrity in the judicial process.

Convicted for the murder of Sandy Seale in 1971 without a fair trial:
- Crime scene ignored, and defense lawyer failed to question crucial witnesses.
- Later, witness testimony emerged contradicting the conviction leading to his exoneration.

Imagined Crime Definition:
- Where crimes are believed to have occurred despite no actual crime taking place, leading to wrongful convictions.
- Approximately 36% of wrongful convictions involve imagined crimes or non-existent crimes.

Wrongly convicted of first-degree murder based on discredited forensic evidence; later proved innocent through reevaluation of the evidence.

Collateral Effects:
- Impact on family members and social relationships.
Psychological Ramifications:
- Mental health issues stemming from imprisonment.
Pains of Imprisonment:
- Loss of freedom and human dignity.
Barriers to Reintegration:
- Challenges faced by exonerees returning to society.

Appeal Process:
- Initial appeals can be lodged at the Provincial Court of Appeal on grounds of unreasonable verdicts or legal errors.
If unsuccessful, the next step can be an appeal to the Supreme Court of Canada (SCC) but only under specific conditions.

The Criminal Code grants the Minister of Justice the power to review alleged miscarriages of justice (s. 696.1 - s. 696.6).
Criteria for applications include exhausting all appeal rights and presenting new significant information.
If reviewed successfully, outcomes can lead to new trials, appeals, or rulings on the nature of the misjustice.

Recent statistics highlight several cases granted remedies, showcasing ongoing issues in wrongful convictions.

Critiques include secrecy, a burdensome process for victims, and lack of consequences for judicial actors involved in wrongful convictions.

Governed by 1988 Federal-Provincial Guidelines, compensation is contingent on specific conditions, including duration of wrongful imprisonment and having a pardon or acquittal.
Compensation considerations include both pecuniary and non-pecuniary losses, with a maximum cap for non-pecuniary losses set at $100,000.