Wrongful Convictions - The Process and Case Studies Flashcards
What is a ministerial review application?
Criminal Code: s. 696.1 Application
Extraordinary remedy of last resort
What is the aim of a ministerial review?
Case review on grounds of miscarriage of justice
Who can apply for a ministerial review?
Convicted persons
Dangerous/long-term offenders
People acting on behalf of such individuals
When is the ministerial review application process available?
After rights to judicial review/appeals have been exhausted
Which case defined the term “exhausted”?
McArthur v. Ontario
Does an applicant need to appeal to the SCC to apply under s. 696.1?
No
According to McArthur v. Ontario, what is enough to meet the condition that rights of appeal be exhausted?
Having appealed to the provincial court of appeal
When did the Miscarriages of Justice Review Commission Act begin?
2023
What is another name for the Miscarriages of Justice Review Commission Act?
David and Joyce Milgaard’s Law - Bill C-40.
What was the goal of the Miscarriages of Justice Review Commission Act?
To review
To investigate
To decide what criminal cases should be returned to the CJS because they may represent a potential miscarriage of justice.
What are two additional goals of the Miscarriages of Justice Review Commission Act?
Increase accessibility of this route to Black and Indigenous persons as well as women
To increase speed at which the cases are considered and returned to CJS
What do we know about what will happen to the existing ministerial review application process?
Previous system relying on CCRG will be discontinued
What do we not yet know about what will happen to the existing ministerial review application process?
When the Independent Review Commission will begin its work
Who will staff it
How its processes may be different or the same as the previous s. 696.1 process
For how much longer will the s. 696.1 process remain in place
Until it is replaced
What case initiated the Motherisk review?
R. v. Tamara Broomfield
What was Broomfield convicted of?
Assault causing bodily harm
Aggravated assault
Failing to provide the necessaries of life
Administering a noxious substance to her 2-y/o son
Which of Broomfield’s convictions were supported by two MDTL experts?
Aggravated assault
Administering noxious substances
What was the conclusion of the hair testing in the Tamara Broomfield case?
Broomfield administered substantial amounts of cocaine to her son over a 14-month period
What convictions did Broomfield appeal?
Those arising from ingestion of cocaine
What fresh evidence was submitted on appeal for R. v. Broomfield?
Fresh evidence questioning the methodology and results of the expert evidence
What was the result of Broomfield’s appeal?
Two convictions quashed and new trial ordered
Crown invited a stay and Court agreed
What were the offences of which Joyce Hayman was accused?
Administering a noxious substance (cocaine) to her 5-y/o son with intent to endanger his life.
Briefly describe the case of Joyce Hayman.
Director and manager of Motherisk testified cocaine was found in child’s hair
Hayman denied administering cocaine
Convicted June 1998 in judge alone trial
Sentence: 2 years less a day
What fresh evidence allowed Hayman’s appeal almost 23 years after her conviction?
Motherisk reports showing the testing methods were flaws and inadequate for child protection/criminal proceedings
Describe the case of Anthony Hanemaayer
Male broke and entered a residence
Armed with knife, entered bedroom of 15-y/o, mother scared him away
Mother saw him for 40 s in a dark room
Drove away in white car
Mother conducted own investigation
Construction company had an employee matching description
Report made to police, mother ID’d Hanemaayer from a photo line-up
Hanemaayer arrested for BnE and assault
What were the clues that hinted a person other than Hanemaayer could have been the perp?
Hanemaayer did not own a white car, but a black one. Did not drive it to work.
Quit 5 days before assault
Hanemaayer’s photo was the least sharp
What happened at trial day 1 of Hanemaayer?
Mother positively identified Hanemaayer as the Male who was in her home
What happened at trial day 2 of the Hanemaayer trial?
Guilty plea entered
B&E and committing an assault
Assault while threatening to use a weapon
What prompted the re-investigation of the Hanemaayer case?
Bernardo’s lawyer sent an email to Toronto Police listing 18 SA’s and other offences he believed had not been solved.
What happened at the 2006 interview of Bernardo?
Confessed to the B&E and assault that Hanemaayer was convicted of.
When was Hanemaayer acquitteD?
2008
What was the “terrible dilemma” acknowledged by the court in the Hanemaayer case?
Waited for trial in jail for 8 months
Faced a further 6 years in penitentiary if convicted
What was the “powerful inducement” faced by Hanemaayer that the court acknowledged?
By pleading guilty, Hanemaayer would not receive a penitentiary sentence
What are 4 other lessons from the Goudge Inquiry in addition to “think truth”?
Importance of training experts and professionalizing the discipline
Improving oversight and accountability within the system
Ensuring effective communication within the criminal justice system
Educating criminal justice stakeholders about their respective roles
Outline the case of Maria Shepherd.
1991 - charged with 3.5 y/o step-daughter’s death
1992 - guilty plea to manslaughter
What were the conclusions of Dr. Charles Smith in R. v. Maria Shepherd?
Death was a result of abuse, involving a blow or blows to the head
What was the fresh evidence that enabled Shepherd to appeal her conviction?
Expert evidence about the COD and MOD.
What were the reasons behind the ONCA quashing Shepherd’s conviction and entering an acquittal?
Smith’s conclusions thoroughly discredited and guilty plea therefore not informed
Since guilty plea was not informed, it was not valid
Describe the case of William Mullins-Johnson
Babysitting 4 y/o niece and put her to bed
Died during the night
Arrested for 1st degree murder and aggravated SA
Based on conclusion of Smith and two other doctors: niece strangled and victim of chronic sexual abuse
Describe the eventual findings of Mullins-Johnson following his conviction
Fresh evidence: Smith’s conclusions were wrong
No evidence of assault, SA or murder
COD at trial (homicidal asphyxia) not supported by evidence
COD: undetermined
Can the courts impose a finding of innocence?
No
Why can’t the courts impose a finding of innocence?
When an acquittal is enters, the appellant’s legal innocence has been re-established
What is the important policy reason for not recognizing a third verdict of “factually innocent”?
Impact on others found not guilty.
