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jusTICE fOR sTEVEn “It's a dream come true_” said Steven Truscott

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					                                                              fall 2007 • volume 8




                                                        jusTICE
                                                        fOR sTEVEn
                                                        “It’s a dream come
                                                          true,” said Steven
                                                          Truscott after the
                                                         Court of Appeal
                                                         decision that cleared
                                                        his name for good.
photo: canadian press (frank gunn)




                                                                      see pageS 3 & 26




15                                                               BOOK REVIEW:
                                                                                     43
      Wilbert
      Coffin:                                   What
      re-investigating                   happened to
      a 51-year-old case             Louise Reynolds?   34                  ThE lasT TO dIE
contents                               u executive director’s report

the aidwyc journal
fall 2007 • volume 8 • issue 36        A remarkable community
Columns & News
                                       as you will read in the coming pages, AIDWYC is highly involved in many
  A remarkable community        2
                                       individual cases and is also working diligently toward preventing miscar-
  Steven Truscott victory       3
                                       riages of justice.
  Getting ready for Goudge      5
                                           It is an exciting time to be involved at
  Student involvement in aidwyc 6
                                       AIDWYC. Since starting my employment almost
  AIDWYC at Innocence Network 8
                                       a year ago, I have been continually impressed
  AIDWYC on the move            9
                                       by the dedication and compassion of its over
  Can you help AIDWYC?         12




                                                                                                                           photo: kristen watts
                                       140 volunteers: Board Members, lawyers,
  Can AIDWYC help you?         13
                                       students, and others. I have seen people con-
Canadian Case Updates                  tributing at all levels of the organization, in
  Bill Mullins                    14   numerous capacities. There truly is a remark-
  Wilbert Coffin                  15   able AIDWYC community – people devoted to
  Kyle Unger                      16   promoting justice and rectifying miscarriages.           Tanya Gerber
  Romeo Phillion                  16   I feel honoured to work within it.
  David Milgaard                  16       Organizationally, AIDWYC is moving forward on its priorities to im-
  Brenda Waudby                   16   prove its governance, sustainability; public relations; and administra-
  Ron Dalton                      17   tion. We are adjusting to transition; clarifying structures; and formalizing
  Robert Baltovich                18   processes. All in an effort to become a stronger, more efficient organiza-
  Sherry Sherrett                 18   tion – with the aim of ensuring that justice will prevail.
                                           Our membership is slowly growing. Public awareness of wrongful
International Case Updates             conviction has risen across Canada through the exposure of prominent
  Kevin Cooper                    20   cases, especially the recent success of Steven Truscott and our participa-
  Johnnie Savory                  20   tion in Public Inquiries.
  William Mayo                    21       Partnerships are enhancing our capacity to do the work required and
  David Bain                      21   we’re seeing synergy created from working together with others, in addi-
  Scott Watson                    22   tion to the learning opportunities created for students.
  Max Soffar                      22       There is great appreciation for our funders, donors, volunteers,
  Jeff Boppre                     23   and members. The Law Foundation of Ontario, Criminal Lawyers
  Cy Greene                       23   Association and others who wish to remain anonymous are truly vision-
                                       ary with their support.
Feature Articles                           Join us, if you haven’t already, in the pursuit of justice. u
  The Goudge Inquiry              24                                             Tanya Gerber, aidwyc Executive Director
  Steven Truscott’s wait          26
  AIDWYC Profile: Win Wahrer      30
                                             Never doubt that a small
  The Louise Reynolds decision
  Post-Conviction perceptions
                                  34
                                  40      group of thoughtful people
  Heads in the sand               42   can change the world. Indeed
Book Reviews                            it is the only thing that ever
  The Last to Die                 43            has. — Margaret Mead
aidwyc agm 2006

  2
  Admiration and journal – fall 2007
      the aidwyc
                  respect         45
                                       2     the aidwyc journal – fall 2007
u cover story


Steven Truscott: his victory after 48 years
by fiorella grossi




I     t’s a dream come true,” said a gracious and
      grateful Steven Truscott on August 28, his
      first day in nearly 50 years that he was no
longer living as a convicted murderer.
    “This is a day for all of us to celebrate
something that has taken a long time and will
really take a long time to sink in.” The dream
certainly became real for the 62-year-old when
he and his family were greeted with thunderous
applause, cameras, microphones, friends and
supporters as they arrived at a Toronto press
conference just moments after hearing the
Ontario Court of Appeal’s decision in the car-
ride from Guelph, Ont.                              The aIdWYC ‘dream Team’ celebrates victory, l–R: jenny friedland, hersh




                                                                                                                              photo: lesley benson
    A panel of five judges unanimously acquit- Wolch, james lockyer, steven and Marlene Truscott, Phil Campbell.
ted him of his 1959 conviction, where a 14-
year-old Steven was found guilty of raping and murdering          Steven also thanked his children Lesley, Ryan and
his classmate, 12-year-old Lynne Harper.                      Devon, for their unwavering believe in his innocence, and
    “Never in my wildest dreams did I expect this to come his wife Marlene, his “strongest supporter in the world …
true,” he said, thanking his “dream team,” of lawyers from I don’t know what I would’ve done without her.” True to
the Association in Defence of the Wrongly Convicted who his courageous and generous spirit, Steven identified that
dedicated so much of their lives toward helping people and there were friends in the audience who have gone through
relentlessly working for the past 10 years to clear Steven’s the same ordeal, and vowed to help them.
name – James Lockyer, Phil Campbell, Marlys Edwardh,
Hersh Wolch and Jenny Friedland.                              a MORal OBlIGaTIOn
    AIDWYC uncovered a mountain of evidence that ultim-           But, with one battle behind him, another looms: the
ately convinced the court of appeal that Steven’s conviction issue of compensation. How much should a man receive
was a “miscarriage of justice and must be quashed.” (Visit after being initially condemned to hang, spending 10 years
www.aidwyc.org to read the entirety of the court’s decision, behind bars for a crime he never committed and who,
and read more on page 26).                                    along with his family, was forced to live for decades with
    What they presented included evidence that:               the stigma of a conviction?
• suggested the Crown’s version of the timeline of events         Ontario Attorney-General Michael Bryant, who apolo-
    that lead to the murder –and pointed to Steven as the     gized to Steven after the decision was released, immedi-
    murder – was false;                                       ately appointed retired Judge Sydney Robins to advise the
• proved the Crown’s time of death was “scientifically        government on the compensation issue.
    unsupportable”; and
• cast serious doubt on the honesty of a key Crown witness.                                        • Continued next page



                                                                                        the aidwyc journal – fall 2007   3
u cover story
                                                              Letter of thanks from
                                                              Marlene Truscott
TRusCOTT VICTORY                                              dear aIdWYC members:
• Continued from previous page                                Steve and I would like to send our thanks to all of you for
                                                              your interest and concern of the wrongful conviction of
    However, even the Ontario Court of Appeal involved        Steve.
in Steven’s case wrote in its ruling that “it would be most       First of all we send our gratitude to the five AIDWYC at-
extraordinary” for an appeal court to declare someone in-     torneys – James Lockyer, Phil Campbell, Marlys Edwardh,
nocent. Nor must there be DNA evidence to justify com-        Hersh Wolch and Jenny Friedland – for their tireless and
pensation. In 2003, Thomas Sophonow received $2.3             professional work up to and including the appeal. We rec-
million for the wrongful murder conviction of a doughnut      ognize the hard work that went in to achieving our goal.
shop waitress in 1981.                                            AIDWYC was, is and will always be an organization held
    Since Steven’s life has been severely circumscribed by    high in our esteem, not just for Steve but all the other
this tragic event, we should expect the courts to honor a     wrongly convicted that the organization has and will fight
moral obligation by trying to compensate him somehow          for. We fully intend to help AIDWYC in anyway we can,
for the experience he and his family have had to endure.      whether it be related to fund raisers or to simply being
                                                              there for other wrongly convicted persons waiting for their
                                                              special day.
Fiorella Grossi, is a writer and television producer              Over the past 10 years Steve and I have managed to
living in Toronto. She is a new volunteer with                come through a long and stressful ordeal and would like to
AIDWYC and has contributed her editing skills in this         address all of you about this. Most of our dealings with the
Journal. She is passionate about assisting the cause          lawyers were related to the case itself but there is another
and fighting injustice.                                       whole side of our ordeal and that is the stresses and prob-
                                                              lems arising while trying to hold ourselves together.
                                                                                   We have an extremely strong marriage
                                                                               with three wonderful children and three
                                                                               grandchildren but there were still the low
                                                                               times. We want all of you to know that with-
                                                                               out the compassion and understanding of
                                                                               Win Wharer, we would not have been able to
                                                                               have been as strong. Win was at our side im-
                                                                               mediately whenever we were down or frus-
                                                                               trated. u
                                                                                                       – Sincerely, Marlene Truscott
                                                                                        (on behalf of Steve, our children and myself)



                                                                               steven Truscott learned word of the appeal
                                                                               court decision as he rode in the back of a
                                                                               car to Toronto to attend the Toronto press
                                                                               conference. photo: lesley benson




      the aidwyc journal – fall 2007
u message from the co-presidents


Getting ready for the Goudge Inquiry
T         his is a busy and exciting time for AIDWYC, both cluded that there is significant new evidence not available
          in our casework and in our growth as an organiz- at the time of trial that casts serious doubt on Mr. Mullins-
          ation advocating for the wrongly convicted. Most Johnson’s conviction for murder. The Attorney General,
notably, there was the recent success for Steven Truscott unlike in Steven Truscott’s case, is supporting the exonera-
in the Ontario Court of Appeal. The widely publicized tion of Bill Mullins-Johnson.
decision was released August 28,                                                               In other notable work this year,
in which the court unanimously                                                            AIDWYC, represented by Jerome
held that the conviction of Mr.                                                           Kennedy, participated in the




                                                                                                                                    photo: kristen watts
Truscott was a miscarriage of jus-                                                        Driskell Inquiry. Prosecutorial
tice. The remedy in the case was                                                          misconduct and non-disclo-
that Mr. Truscott was acquitted                                                           sure were prominent features of
of the murder of Lynne Harper.                                                            that case, which also led to a re-
AIDWYC lawyers worked diligently                                                          examination of hair microscopy
over 10 years on this case, and we      Elisabeth Widner and Paul Copeland                in criminal trials. Commissioner
join the Trucott family in thank-                                                         Patrick Lesage found that the work
ing them for their dedication and efforts.                     of a number of prosecutors fell below professional stan-
    We are on the cusp of participating in what may be the dards. AIDWYC has played a significant role in voicing con-
most significant public inquiry in Ontario in the area of cerns in Manitoba and ensuring that miscarriages of justice
wrongful convictions. The Inquiry Into Pediatric Forensic are addressed through positive recommendations.
Pathology in Ontario (The Goudge Inquiry), will examine,           AIDWYC participated as intervenor in two signifi-
amongst other things, “the policies, procedures, practices, cant appeals this year. AIDWYC counsel argued before the
accountability, quality control measures, and institutional Supreme Court of Canada in support of the tort of negli-
arrangements of pediatric forensic pathology in Ontario gent investigation in Hill v. Hamilton Wentworth Regional
from 1981 to 2001 as they relate to its practice and use in Police Services Board et al. The judgment is under reserve.
investigations and criminal proceedings” (source: Opening AIDWYC also argued successfully as an intervener before the
Statement by Commissioner Goudge, June 18, 2007).              Ontario Court of Appeal in Reynolds v City of Kingston
    AIDWYC continues to work on a number of wrong- Police Services et al. The case concerned the scope of wit-
ful convictions cases, including in particular the case of ness immunity in bringing a suit against prosecution agents,
William Mullins-Johnson, that are connected to the work in this case pathologist Dr. Charles Smith. In a decision
and evidence of Dr. Charles Smith. Dr. Smith’s actions in released March 14, 2007, the Court of Appeal ruled that
a number of cases form the factual basis for the work of the Reynolds had the right to sue Dr. Smith with respect to his
Goudge Inquiry. AIDWYC is committed to participating in role as a public official investigating a suspicious death.
the Goudge Inquiry to ensure a thorough inquiry into past          We continue to move forward on our mission with the
practices, with a view to making recommendations to the strength and commitment of our exceptional volunteers.
Commissioner so that other individuals will be spared the          We know that many others require our assistance and
tragedy of wrongful conviction or wrongful prosecution.        will do our utmost to provide assistance to individuals and
    On July 17, 2007, the Minister of Justice referred the to promote institutional and legislative change – to de-
case of William Mullins-Johnson to the Court of Appeal to crease the tragedy of wrongful convictions. u
be heard as a new appeal by that court. The Minister con-                Paul Copeland and Elisabeth Widner, AIDWYC Co-Presidents



                                                                                             the aidwyc journal – fall 2007   
u aidwyc on the move


Student involvement in aidwyc
                                        depth and commitment of their           Malcolm McRae,
                                        work.                                   Janet Lo,
                                            Bill Mullins-Johnson and Win        Francine Prevost,
                                        Wahrer were invited to speak at UOIT    Celine Dostaler,
                                        in March 2007. Students and staff       Elme Schmid,
                                        were engaged by Bill’s forthright ac-   Vicki Hentz
                                        count of his personal experience.       and Andrew
                                        AIDWYC is grateful for the continued    Wilkinson who did an incredible job
                                        dedication and involvement of the       of producing and hosting the event
                                        staff and students. u                   at Mavericks and Café Dekcuf. The
                                                                                students presented AIDWYC with a
                                        university of                           $3,000 cheque which exceeded last
                                        Montreal law                            year’s donation of $2,000. The stu-
                                                                                dents plan to expand this event to in-
                                        students                                clude Toronto next year. Thank you
Part of the uOIT team, clockwise        AIDWYC is extremely grateful to         to everyone who participated, bought
from top left: jim Bell, dan Walters,   University of Montreal students,        tickets and performed. u
jacqueline Opoku, Ruth Richards         Andrea Talarico, Charles Blanchard,
                                        Olivier Roy, Gabriel Dery, Julia Rys    The university of
university of                           and Geneviève Richard who contrib-      Guelph-humber
Ontario Institute of                    uted numerous volunteer hours re-
                                        searching various aspects of Wilbert    AIDWYC appreciates numerous
Technology                              Coffin’s case. They also transcribed    University of Guelph-Humber stu-
University of Ontario Institute of      audio tapes from French to English      dents who assisted in the review of
Technology (UOIT) criminology           pertinent to Christopher Bates case.    potential AIDWYC cases and provided
students, Matthew Antaya, Shazia        We applaud their significant con-       administrative support, especially
Shah, Kimberly Multani, Katerina        tribution, especially in the midst of   Robyn Doyle and Cheryl Metrick who
Miluszewa, Brent Jackson, Nadaa         their considerable academic respon-     also sold Truscott Justice Now bracelets to
Fayyaz, Chad Shackelton, William        sibilities. u                           faculty and students as a fundraiser. u
Schroder, Jacqueline Opoku, Ruth
Richards and Matthew Fawcett,           The university
under the direction of Jim Bell and     of Ottawa
Professor Dan Walters contributed
invaluable research and review on a     The University of Ottawa, Criminal
number of international cases.          Law Students’ Association (CLSA)
   When Jim Bell brought stu-           held their second Band AIDWYC
dents to the International Review       fundraiser on January 19, 2007.
Committee meeting, committee            The Band AIDWYC organizing com-         Robyn doyle and Cheryl Metrick of uoG/
members were impressed by the           mittee consisted of Natasha Morley,     humber




6     the aidwyc journal – fall 2007
u aidwyc on the move




Trent, u. of T.,                             Chad Shackleton (UOIT) expressed      York university,
                                         the value of his volunteer experience
York u., Western and                     with AIDWYC in this way:                  Osgoode Innocence
Yale university                              “I feel very honoured to have been    Project
                                         selected to complete my field place-
Valuable student volunteer work has      ment with AIDWYC. The organization        AIDWYC has recently re-established
also been contributed by students        allows students to review and comment     ties with Osgoode Law School’s
from the aforementioned universi-        on claims of wrongful conviction. As      Innocence Project, run by Professor
ties. Some come to AIDWYC through        a result, criminology students are able   Alan Young and a core group of law
formal placements, others through        to utilize their current abilities and    students. Collaborative efforts on
a passion to learn about wrongful        gain a wide variety of new skills and     selected cases will enhance student
conviction and support the cause.        hands on experience. I really believe     learning and practicum opportun-
We welcome student participation in      that my involvement in reviewing a        ities. u
many aspects of our work, including      claim of wrongful conviction has as-
but not limited to administrative sup-   sisted in preparing me to work in the
port, initial case review, support to    criminal justice system. Thanks for
the Journal, fundraising support and     the opportunity!” u
general research.




                                                  half page ad goes here




                                                                                       the aidwyc journal – fall 2007   7
                    u aidwyc on the move


                    aidwyc at Innocence Network conference
                    By Win Wahrer and Tanya Gerber




                    A          n inspiring display of ap-
                               preciation, occurred as over
                               30 exonerees walked up to
                    Barry Scheck and Peter Neufeld, each
                    returning their application number
                    one-by-one to the co-founders of the
                    New York Innocence Project.
                        That was during the Innocence




                                                                                                                                                           photo: win wahrer
                    Network Conference in Boston,
                    Mass., which attracted more than
                    300 primarily American academics,
                    practitioners, students and advo-
                    cates, as well as over 50 exonerees.
                    AIDWYC is a member of the Innocence       Conference participants Tanya Gerber, Ben Yormak, lon Rose, steve Yormak.
                    Network, an affiliation of organ-
                    izations dedicated to providing pro       Executive Director, Tanya Gerber         spent networking, sharing informa-
                    bono legal support to people seek-        attended the three-day confer-           tion and strategizing for change. Next
                    ing to prove innocence of the crimes      ence, which was held March 23–25         year it will be held in Santa Clara, ca
                    for which they have been convicted        and co-hosted by The New England         and we hope to attend again. u
                    and working to redress the causes of      Innocence Project, Goodwin Procter
                    wrongful convictions.                     LLP and the Harvard Project on
                        One of our Directors, Lon Rose        Wrongful Convictions. AIDWYC             Win Wahrer
                    represents AIDWYC on the Innocence        volunteers, Steve Yormak, Ben            has been with
                    Network Board. He along with Client       Yormak and Jim Bell, who review          AIDWYC
                    Services Director, Win Wahrer and         International cases on our behalf,       since before
                                                              were also there.                         its inception.
photo: win wahrer




                                                                  The plenary sessions were in-        She is currently the Director of Client Services,
                                                              spirational and educational and the      providing case management services, counselling
                                                              workshop topics included: media and      and support to clients. She manages the case
                                                              innocence; litigating non-DNA cases;     review process and supports both of AIDWYC’s
                                                              forensic science; fundraising; manag-    Review Committees as well as numerous other
                                                              ing an innocence effort; eyewitness      projects.
                                                              identification; prosecutorial mis-       Tanya Gerber, Executive Director, has been
                                                              conduct; compensation; as well as a      with AIDWYC since September 2006. She
                                                              closed series for exonerees re-build-    manages the operations, finances and supports
                                                              ing their lives.                         the board and its committees with a focus on
                    Peter neufeld, Barry scheck                   The conference was time well         fulfilling AIDWYC’s Strategic Plan.




                    8    the aidwyc journal – fall 2007
u aidwyc on the move


Honorary doctorates for Lockyer, Milgaard
joyce Milgaard                                                                       honourary doctorate
receives honorary                                                                    awarded to james
doctorate in                                                                         lockyer in Guelph
Winnipeg
                                                                                     On February 21, 2007 the University
Joyce Milgaard graciously accepted an                                                of Guelph conferred James Lockyer
honourary Doctorate of Laws degree                                                   with an Honourary Doctorate of Laws
from the University of Winnipeg on                                                   degree.
June 3, 2007. University Chancellor                                                      Judith McKenzie, a University
Sandy Riley presented her the de-                                                    of Guelph political science profes-
gree for her pursuit of justice for the                                              sor told Scott Tracey of the Guelph
wrongfully convicted. Joyce told the      joyce Milgaard,                            Mercury, “You can’t help but admire
2,500 people in attendance that “it       james lockyer                              a lawyer who spends this amount of
is so important to remember when                                                     time working for people who he be-
the system puts an innocent person        convictions and                            lieves have been (mistreated) by the
in prison, the real criminal is still     never, ever, ever                          justice system. I think he’s probably
on the loose. While our David rot-        give up.”                                  considered a bit of a hero by students
ted away in prison, while all the fam-         Joyce said, “What a delight to have   contemplating a career in law.”
ily focused on just getting him out,      an Honourary Doctorate of Laws                 After receiving his honour,
the real killer continued his spree of    degree conferred upon me by the            Lockyer delivered the convoca-
rapes. Each became more violent.          University of Winnipeg. This is a day      tion address to 200 graduates of
You people right here in this gymna-      I’ll always remember, almost as spe-       the College of Social and Applied
sium could make [justice] happen.         cial as the day when we walked our         Human Sciences and asked them
The innocent are crying out for your      son David out of the Stony Mountain        to think about how Steven Truscott
help. Please, help them.”                 Penitentiary so many years ago. It’s a     felt sitting in a jail cell when he was
     David Milgaard was released from     great day!”                                14 years old, how he felt sitting on
prison after 23 years, for a murder            Joyce has often been described        death row, and to imagine his shame.
he did not commit, largely due to his     by Rubin ‘Hurricane’ Carter as the         He told the students they could all
mother’s significant efforts. David       “mother of AIDWYC.” She has been           make a difference, and his address
was present to celebrate the honour       an inspiration to all Canadians who        was made all the more poignant with
bestowed upon his mother. Also in         fight for justice for their loved ones.    Steven Truscott, his wife Marlene
attendance were AIDWYC Directors          AIDWYC is extremely proud to have          and son Ryan sitting in the front row
Joanne McLean and James Lockyer.          such a courageous and dedicated            during the ceremony.
David Asper, one of the lawyers who       member in our ranks and we con-                James is a co-founder and direc-
represented David Milgaard, ap-           gratulate her on her latest achieve-       tor of AIDWYC, and we congratulate
plauded Joyce’s perseverance and          ment. u                                    him on his well-deserved honour. u
passion in her son’s case. He told the
audience, “Have the courage of your



                                                                                          the aidwyc journal – fall 2007   
u aidwyc on the move


In memory of Justice Marvin Catzman
J     ustice Marvin Catzman passed
      away on June 14, 2007 of can-
      cer. Justice Catzman will be for-
    ever remembered as the judge who
had the courage on February 9, 1993
                                                                                   decision, but a wonderful human be-
                                                                                   ing. Thank you again, Mr. Catzman.”
                                                                                        “I would have to be mad if I didn’t
                                                                                   see something wrong with this case,”
                                                                                   Justice Catzman stated during the bail
to grant Guy Paul Morin bail pending                                               hearing.
his appeal on a first-degree murder                                                     Justice Catzman practised civil
conviction. It was only the second                                                 litigation with the law firm of
time in Canadian history that a per-                                               Catzman and Wahl from 1965 to
son convicted of first-degree murder                                               1981, when he was named judge
had been freed pending an appeal.                                                  to the Supreme Court of Ontario.
    Upon hearing of Justice Catzman’s                                              Justice Catzman was appointed to the
passing Guy Paul Morin said in an                                                  Ontario Court of Appeal in 1988.
interview with Tracey Tyler of the                                                      Lawyers who appeared before him
Toronto Star, “When I was in Mr.                                                   respected his brilliant legal mind, his
Catzman’s courtroom, I felt there was     me bail and freed me from the night-     ability to focus on the central issue
something special about this judge.       mares of Kingston Penitentiary. He       in the case and his courtesy to every-
I felt hope for a change. He granted      was not just a great judge with a just   one who appeared in his court. John




10      the aidwyc journal – fall 2007
u aidwyc on the move




Kromkamp, senior legal officer for         aIdWYC Co-President
the Ontario Court of Appeal told
the Law Times, “He had a tremen-           honoured at u of T
dous sense of humour and he always         Paul Copeland was honoured on
seemed to be in a good mood.” He           March 28, 2007 in Convocation Hall
illustrated this point by noting that      at the University of Toronto, for his
Justice Catzman once wrote an on-          achievements and contributions to
going series of instructions on how        the Law Society of Upper Canada
to alienate a court within the first few   in promoting equality and human
sentences of an argument.”                 rights, and his exceptional commit-        Paul Copeland
    Justice Catzman was 68 years old       ment to the pursuit of law and social
at the time of his passing. He is sur-     justice.                                   members of Gordon’s Acoustic Living
vived by his wife Lynn, son David,             Former AIDWYC co-president             Room, entertained Paul Copeland’s
daughters Penny and Julie and grand-       Justice Melvyn Green delivered the         family, friends, colleagues and some
son Darryn.                                keynote address to a large crowd gath-     grateful clients with rousing, hand-
    We will always be grateful for         ered to pay tribute to a man who is        clapping and toe-tapping musical
Justice Catzman’s wisdom in freeing        admired and revered by people from         numbers. We extend congratulations
Guy Paul Morin on bail. u                  all walks of life. AIDWYC director         to Paul on his significant achieve-
                                           Gus Sinclair, along with fellow band       ments. u



Condolences                                    Judi has selflessly given her time
                                           and support, since our inception in
extended to valued                         1993. She has been one of our most
aIdWYC volunteer                           reliable and hard working volun-
AIDWYC extends heartfelt condolences       teers, especially contributing to every
to a long-time volunteer Judi Berger       AIDWYC conference and benefit con-
on the tragic loss on June 29 of her       cert. Her dedication and commit-
only child, Neil.                          ment were best illustrated in 2005
                                                                  when she flew
                                                                  to St. John’s,
                                                                  Newfoundland to
                                                                  assist Win Wahrer   judy Berger
                                                                  at the “Between a
                                                                  Rock and a Hard     Judi and her family be spared further
                                                                  Place” confer-      sorrow. u
                                                                  ence and bene-
                                                                  fit concert. May




                                                                                         the aidwyc journal – fall 2007   11
u aidwyc on the move


Can you help us at aidwyc? ...
S      teven Truscott, James Driskell,
       Robert Baltovich, are just some
       of the many wrongfully con-
victed men and women whom AIDWYC
has helped. We could not do this im-
                                               information on a case, they are avail-
                                               able on AIDWYC’s website www.aid-
                                               wyc.org or by phoning our office at
                                               416-504-7500.
                                                                                          •

                                                                                          •
                                                                                              cation: The AIDWYC Journal
                                                                                              Planning fundraising and special
                                                                                              events
                                                                                              Development Committee mem-
                                                                                              bers to assist us in reaching finan-
portant work without the support of            VOlunTEER                                      cial sustainability
members, volunteers and donors.                We depend on the voluntary services        •   Grant writing and seeking
Here’s how you can help:                       of lawyers and private investigators       •   Media and Marketing develop-
                                               to assist in the process of determin-          ment support
annual MEMBERshIP                              ing which cases to adopt or endorse.       •   Administrative support in our
Membership in AIDWYC entitles you              If you can give us some of your time           Toronto office
to receive all information distributed         to investigate or review a case, please    •   Auction item sourcing
regarding the organization’s regular           contact us. We also need the help in       •   Design work on new brochures
activities, and any publications, in-          the following areas:                           and postcards
cluding the AIDWYC Journal. If you             • Website management by technic-
would like to receive further journals,            ally-skilled individual                dOnaTIOns
please use the form to send us your            • Experienced Advertising Sales            You can also make donations to sup-
membership. If you are interested in               Manager, Writers, Photographers        port our work, which are essential
back issues of the journal, or further             and Senior Editor for our publi-       for us to continue. Currently AIDWYC
                                                                                          does not have charitable status, so
  Please return this form and your cheque payable to                                      charitable tax receipts are not avail-
                                                                                          able for contributions made to
  aIdWYC (or the juR-Ed foundation) to:
                                                                                          AIDWYC. However, a charitable re-
  AIDWYC, 85 King Street East, Suite 318, Toronto, Ontario, M5C 1G3, Canada
                                                                                          ceipt can be given if a donation is
     Yes, I would like to become a member of AIDWYC. Enclosed is my cheque for
                                                                                          made to The JUR-ED Foundation.
     $50. There is a sliding scale if you are under-employed or a student. Please
                                                                                          Their work supports AIDWYC out-
     pay what you can, and mark sliding scale on the form (minimum $10).
                                                                                          reach, research and public education.
     Yes, I would also like to make a donation to AIDWYC. Enclosed is my cheque
     in the amount of:       $25      $50      $100     Other $______
                                                                                          In-KInd dOnaTIOns
     (Cheques payable to “Jur-Ed Foundation” will receive a tax receipt.
                                                                                          We are also in need the following:
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                                                                                          • New or slightly used office furni-
     In-kind donation: _______________________________
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                                                                                          • Place advertisements in our
                                                                                             Journal




12      the aidwyc journal – fall 2007
... or perhaps aidwyc can help you?
I    f you, or someone you know, has been wrongly con-
     victed and think that AIDWYC can be of help, there
     are a number of steps to follow. Please keep in mind
the following criteria before contacting us:
    We can only review cases of conviction on serious
                                                              Committee, which is made up of primarily AIDWYC senior
                                                              lawyers, oversees all the volunteer’s work.

                                                              sTEP fOuR
                                                              Once the review of your case has been completed, the
offences (almost exclusively murder), where you do not        volunteer will submit to the Director of Client Services
have the financial resources to hire competent defence        and the Review Committee a summary of your case
counsel. With our limited resources, we have to prioritize.   accompanied by his/her recommendations concerning
    The evidence in the case must be consistent with          your case. The Review Committee will ultimately
factual innocence.                                            determine whether a case fits AIDWYC’s criteria and
    You must already have been tried and convicted and        whether to recommend your case for adoption or, for
largely exhausted your possibilities for appeal.              international cases, endorsement by AIDWYC’s Board of
                                                              Directors. For international cases, we offer support in
sTEP OnE                                                      various ways that will be clearly outlined in a response
If you meet all three criteria, send the Director of Client   letter to the applicant.
Services, Win Wahrer, a brief outline of the facts of the
case and its current status. Please include your name         sTEP fIVE
and address, plus the name, address, telephone number         AIDWYC’s Board of Directors adopts and endorses cases
and email (if available) of a relative or friend whom we      based on full investigation and recommendation of either
may contact on your behalf. We will also need contact         of the Review Committees. All applicants will be advised
information for your current or most recent lawyer.           of AIDWYC’s decision by mail.

sTEP TWO                                                      sTEP sIX
Once AIDWYC receives this information, we will send you       If the case is in Canada, where our lawyers practice, we
an application form to complete that will provide us the      will then make an application for legal aid to take the case
basic information regarding your case, as well as a release   further, contacting appellate courts or the Minister of
form that authorizes AIDWYC access to any additional          Justice under section 696.1 (formerly section 690) of the
information we may need to properly review your case.         Criminal Code.
                                                                  Please also be aware that we receive a great number of
sTEP ThREE                                                    requests for assistance and that our work is accomplished
When we have received your completed forms, we will           primarily through skilled volunteers. The review process
contact you for any specifics required to begin the process   may take months or even years depending on the length
of reviewing and assessing the merits of your case, which     of time it takes in document sourcing, completing the
will be conducted by a volunteer lawyer, paralegal or law     research, and the resources available to do the work
students. The volunteer is given a case referral sheet that   involved. While this should not discourage anyone from
clearly outlines the steps he/she must follow to ensure       applying to AIDWYC, it is important to have realistic
that a complete and thorough review of your case is           expectations about our criteria and the amount of time
conducted. The Director of Client Services and a Review       required.




                                                                                     the aidwyc journal – fall 2007   13
u canadian case updates


How our case review process works

T
                 hese selected case updates include some of the cases AIDWYC has under
                 review, and some of those that have already been adopted or endorsed.
                 AIDWYC has a lengthy review process in which lawyers are assigned to do
                 a thorough case review, including obtaining documents, investigations and
where possible, accessing forensic testing. Following this initial review, the case is referred   sYMBOlIC KEY TO IndIVIdual
to one of AIDWYC’s Review Committees to determine whether factual innocence can be                CasE sTaTus WITh aIdWYC:
established, and make recommendations for adoption or endorsement, which is granted
by our Board of Directors. Adopted cases are generally Canadian; endorsed cases                    Adopted
are either being supported by another group or individual; or are from foreign countries.          eNdorsed
Endorsed cases are provided a lower level of legal intervention, as AIDWYC’s lawyers are           UNder revIew
members of a Canadian bar, not necessarily members of the bars of foreign jurisdictions.          v Not AN AIdwyc cAse




                                                   the immense amount of support                  evening for which I shall always be
                                                   that I received from my dentist Dr.            grateful.
                                                   Bennett, family, friends, AIDWYC, TYP               I was proud to have my mother
                                                   staff and fellow students has me look-         present to share in my accomplish-
                                                   ing excitedly ahead to undergraduate           ments. She was joined by my Aunt
                                                   studies in September 2007, with 2.5            Anna and Uncle Gord, their daugh-
                                                   credits earned towards a BA.                   ters Tanya, Tiffany, and Lindsay; my
                                                       I was humbled and completely               Aunt Linda and cousin Kelly; Win
                                                   taken off guard when my fellow stu-            Wahrer, Lon Rose, Nina, and AIDWYC

BIll MullIns:                                      dents elected me class valedictorian,
                                                   entrusting me to speak on their be-
                                                                                                  volunteers Seville and Lisa; and
                                                                                                  Harold Levy, former reporter with
personal update                                    half at our recent graduation cere-            the Toronto Star. It was exciting to
   Adopted                                         mony. I put a great deal of thought,           have my own cheering section.
                                                   time and effort into preparing the                  As if that was not enough, the
Submitted by William                               speech, seeking the help of Win                Toronto Star sent a photographer
Mullins-Johnson                                    Wahrer (AIDWYC), the TYP Director,             and printed my speech in their
I have just completed the First Year               my student advisor and a classmate.            June 9 issue.
Transitional Programme (TYP) at the                I wanted to represent my classmates                 I have also been privileged to have
University of Toronto. It has been                 to the best of my ability, and deliver         the opportunity to speak to students
challenging and rewarding. Entering                a speech that represented them well.           at the University of Ontario Institution of
university was a long time dream of                I was relieved when the audience ap-           Technology (UOIT) in Oshawa, Ontario
mine. A dream that a short 21 months               plauded as I left the podium, and              and members, spouses and friends
ago, while still in prison, I thought              then when I pretended to be shy and            of Chai, a branch of The National Council
was virtually impossible.                          embarrassed by their applause, they            for Jewish Women. These opportunities
    It was a tough school year, but                gave me a standing ovation. It was an          are vehicles to educate people who




1        the aidwyc journal – fall 2007
u canadian case updates




would otherwise not be aware of the                                                 Reed Investigations Inc., students at
devastation and causes of wrongful                                                  the Université de Montreal, as well as
conviction. Sharing my story also has                                               others.
therapeutic value.                                                                      Mr. Coffin’s sister Marie Coffin
    My legal situation remains un-                                                  Stewart is raising money to offset
resolved. However, the provincial                                                   costs related to her late brother’s case.
government recently established the                                                 Marie, family and supporters raised
Goudge Inquiry into pediatric foren-                                                $3,000 on a recent 21-kilometre
sic pathology in Ontario, which will                                                fundraising walk.
examine the procedures and policies
that failed and directly contributed to
                                          WIlBERT COffIn:                               Marie is a brave and determined
                                                                                    woman who will not let any obstacle
my wrongful conviction as well as that    51-year-old case                          stand in the way of achieving her ul-
of many others. Moreover, Attorney-          Adopted                                timate goal: clearing her dear broth-
General Michael Bryant advised the                                                  er’s name. Marie is an inspiration
Federal Justice Minister on April 27,     AIDWYC continues its re-investiga-        and reminds us that we can overcome
2007 that, “The Ontario Crown’s           tion and work on Wilbert Coffin’s         seemingly insurmountable challenges.
position is that the conviction in        51-year-old case. Lawyer and AIDWYC           Marie will also raffle a hand-
this case cannot stand, and that Mr.      Co-President, Elisabeth Widner has        knit blanket she has made in the fall
Mullins-Johnson should ultimately         obtained and reviewed many archival       2007. If you wish to support Marie’s
be acquitted by the Ontario Court of      documents and continues interview-        efforts either by donation, sponsor-
Appeal.” For the first time in a long     ing a number of potential witnesses.      ship or the purchase of a raffle ticket
time, I feel that I am on the right       Investigative support has generously      please contact Win at 416-504-7500
track, going somewhere with opti-         been given by Brian King of King          or win@aidwyc.org. u
mism and confidence.
    Update: In a press release issued
on July 17, 2007, Justice Minister
Rob Nicholson announced that he
has referred Bill’s case to the Ontario
Court of Appeal stating that “There
is now significant new evidence that
was not available at the time of Mr.
Mullins-Johnson’s trial that casts ser-
ious doubt on the correctness of his
                                                                                                                                photo: win wahrer




conviction for murder,” Nicholson
said in a release.
    Nicholson also said he was satis-
fied that “there is a reasonable basis”
to conclude that Mullins-Johnson’s
case was a miscarriage of justice. u      Marie Coffin stewart, jim stewart, dave Moran




                                                                                      the aidwyc journal – fall 2007   1
u canadian case updates




KYlE unGER:                             submitted a s.696.1 application on        BREnda WaudBY:
                                        behalf of Romeo Phillion in 2003
free on bail                            to then Justice Minister Vic Toews.       civil suit on-going
  Adopted, sept. 13, 2004               On August 23, 2006 Justice Minister       v Not AN AIdwyc cAse
                                        Toews advised that he is reserving his
On September                            final decision until certain issues can   Ten years after
13, 2004,                               be addressed by the Ontario Court of      the beating death
AIDWYC submit-                          Appeal. No date has been confirmed        of 21-month-old
ted a s.696.1                           as to when these issues will be ad-       Jenna Mellor,
application                             dressed.                                  her confessed
(for minister-                              Romeo has had health problems         killer plead guilty
ial review) on                          since his release on bail in July 2003    to manslaugh-
Kyle Unger’s behalf to then Justice     that haven’t kept him from showing        ter in a Peterborough courtroom on
Minister Irwin Cotler. No decision      solidarity to other wrongly convicted     December 15, 2006. He was 14 years
concerning Mr. Unger’s application      Canadians. In January 2007, he at-        old at the time of Jenna’s death. The
has been rendered by the Honourable     tended portions of the oral argu-         now 24-year-old was sentenced on
Robert Douglas Nicholson who was        ments at the Ontario Court of Appeal      March 1, 2007 to 22 months in jail,
appointed Canada’s new Minister         in Steven Truscott’s case. u              and another 11 months of super-
of Justice and Attorney General on                                                vision in the community which is the
January 4, 2007.                        daVId MIlGaaRd:                           maximum sentence that Justice J. A.
    Kyle was released on bail in        awaiting inquiry                          Payne could impose, since the killer
November 2005. Art galleries in                                                   wasn’t an adult the night he babysat
Vancouver keep him busy with orders
                                        recommendations                           and killed Jenna.
for his west coast native art items.       Adopted                                    Tragically, Jenna’s mother Brenda
Kyle also enjoys fishing, mountain                                                Waudby was originally charged with
climbing and camping in British         The Inquiry into                          her 1997 murder due to the expert
Columbia’s great outdoors. u            David Milgaard’s                          testimony of discredited patholo-
                                        wrongful con-                             gist Dr. Charles Smith. The murder
ROMEO PhIllIOn:                         viction involved                          charge was withdrawn two years later
at Court of appeal                      hearing testi-                            (June 15, 1999) after medical experts
                                        mony from 133                             disagreed with Dr. Smith’s findings.
  Adopted                               witnesses over                            Brenda Waudby remained a suspect
                                        191 days. It concluded in December        until December 2005 when the baby-
After earlier                           2006. It is not known when Justice        sitter was arrested.
work completed                          Edward MacCallum will release his             Brenda Waudby has an on-going
by the Innocence                        report with recommendations.              civil suit against the Peterborough
Project at                                  David is enjoying being a first       police, Dr. Charles Smith and the
Osgoode Law                             time father to18-month old son,           Ontario Coroner’s office. u
School, AIDWYC                          Robert David. u




16     the aidwyc journal – fall 2007
u canadian case updates




ROn dalTOn: waiting                       Newfoundland men and spent some          family. The situation does, however,
                                          10 -12 million dollars on a public       highlight the need for a formal mech-
for compensation                          inquiry into their cases. A year ago,    anism to deal with wrongful convic-
   Adopted                                the Justice Minister of the day issued   tion compensation cases.
                                          a formal apology and invited counsel         On a brighter note, Mr. Dalton
It has been nine-                         for Mr. Dalton to negotiate compen-      has attended the wedding of his only
teen years since                          sation. To date, no progress has been    daughter this past summer, and is
Ron Dalton’s                              made despite a self-imposed promise      spending time with other family
ordeal with the                           from the Newfoundland government         members on Prince Edward Island.
Newfoundland                              to finalize negotiations within six      The opportunity to spend time with
and Labrador                              months. That deadline and a further      his children and grandchildren
justice system began. He continues        six months have now passed, and it       makes the government’s procras-
to await promised compensation.           appears Mr. Dalton and the prov-         tination more bearable. Secure in
Following his official exoneration in     ince may eventually have to ask the      the belief that justice will eventually
2000, Mr. Dalton commenced civil          courts to resolve the issue. Needless    prevail, Mr. Dalton is prepared to
proceedings seeking compensation.         to say, the prospect of further years    take whatever measures are necessary
The province has since compen-            embroiled in the judicial machinery      to bring the matter to a successful
sated two other wrongly convicted         does not appeal to Mr. Dalton or his     conclusion. u




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                                                                                     the aidwyc journal – fall 2007   17
u canadian case updates




ROBERT BalTOVICh:                        als a classic “fishing expedition” that
                                         would unnecessarily violate press
returning to court                       freedoms, and says it is not up to
   Adopted                               journalists to do police legwork.
                                         James Lockyer, in his oral submis-
Robert Baltovich                         sions before Justice Watt, said that
will return to                           if he thought there was the slight-
court to stand                           est chance that it might blunt the
trial for the sec-                       Crown’s single-minded pursuit of
ond time on                              Mr. Baltovich, he would “be plead-
September 10,                            ing” with Mr. Finkle to hand over his
2007, for the                            research material instead of opposing
1990 murder of Elisabeth Bain,           the move.
whose body has never been found.             On June 28, 2007 Justice Watt,
Mr. Baltovich’s conviction was over-     concluded his decision with these
turned on appeal in 2004.                words, “This amounts to a fishing
    Mr. Baltovich will be represented    expedition under a colourable license
by AIDWYC lawyers James Lockyer,
Joanne McLean and Heather
                                         … fishing season is closed, the sub-
                                         poena is quashed.”
                                                                                   shERRY shERRETT:
McArthur who were in court in May            A further development, which          appealing infanticide
2007 to oppose the Crown’s demand        will directly affect Mr. Baltovich’s      conviction
for author Derek Finkle’s source         case, is the February 1, 2007 decision
                                                                                      Adopted
notes and tapes which were accumu-       of the Supreme Court of Canada to
lated during his writing of ‘No Claim
to Mercy’, a book which examined
Mr. Baltovich’s controversial case.
Iain MacKinnon, Mr. Finkle’s lawyer,
filed a motion to oppose the validity
                                         impose a ban on witness testimony
                                         obtained under hypnosis. Justice
                                         Marie Deschamps wrote for the ma-
                                         jority, “Although hypnosis has been
                                         the subject of numerous studies,
                                                                                   S       herry Sherrett contacted
                                                                                           AIDWYC in January 2006 after
                                                                                           she came across stories on the
                                                                                   internet about Dr. Charles Smith
                                                                                   that mentioned AIDWYC. She spoke
of the subpoena.                         these studies are either inconclusive     to Win Wahrer, Director of Client
    The two-day hearing took place       or draw attention to the fact that hyp-   Services, and explained that she had
before Ontario Superior Court            nosis can, in certain circumstances,      been convicted of infanticide in 1999
judge, Justice David Watt who will       result in the distortion of memory.”      for the January 23, 1996 death of
be presiding over Mr. Baltovich’s        There were four witnesses who testi-      her four month old son, Joshua. As a
re- trial. Lawyer, Iain MacKinnon        fied during Mr. Baltovich’s first trial   consequence, her 18-month-old son,
told Justice Watt that Mr. Finkle has    whose evidence was hypnotically           Austin, was removed from her care
nothing in his possession that would     enhanced. This ruling means that          by the police and Northumberland
help decide Mr. Baltovich’s guilt or     those four witnesses cannot be called     Children’s Aid Society on March 7,
innocence. He called the Crown’s         by the Crown to testify during Mr.        1996. On March 27, 1996 she was
subpoena of Mr. Finkle’s materi-         Baltovich’s second trial. u




18      the aidwyc journal – fall 2007
u canadian case updates




arrested and charged with first degree       When speaking to Win, Sherry         but he said the post-mortem findings
murder.                                  emphatically denied having any in-       point to Joshua having accidentally
     There were constant adjourn-        volvement in her son’s death. She        asphyxiated in an unsafe sleeping en-
ments over a two-year period because     asked AIDWYC to become involved in       vironment, “without any influence by
of Dr. Charles Smith’s unavailabil-      her case.                                another party.” He had been put to
ity to attend court. Sherry and her          Win Wahrer contacted AIDWYC          bed in a playpen beneath a sleeping
family were devastated at their enor-    lawyer James Lockyer and asked him       bag that had been folded over several
mous loss. They were fearful and Dr.     to review Ms. Sherrett’s claim of in-    times, topped with a comforter and
Charles Smith, who testified at her      nocence, which he agreed to do. After    blankets.
preliminary hearing that Joshua’s        meeting with AIDWYC lawyers James            Sherry attended a special funeral
death was not accidental, but was in     Lockyer and Andras Schreck, Sherry       service that was held before Joshua’s
fact caused by a skull fracture and      agreed to ask Dr. Barry McLellan,        body was returned to its resting place.
neck injuries.                           Ontario’s Chief Coroner, to include          In December, 2006, Dr. Jack
     Sherry had no explanation for the   her case as one of the Dr. Charles       Crane, the state pathologist for
injuries detected by Dr. Smith. Her      Smith cases that were being reviewed     Northern Ireland, who reviewed the
own family believed in her, but the      by his office. The Chief Coroner         case as part of the coroner’s investiga-
events and negative publicity turned     agreed and Ms. Sherrett’s case was       tion, confirmed Dr. Pollanen’s find-
some of her in-laws and friends          added to the growing list of cases to    ings.
against her. Sherry was shunned in       be re-investigated.                          On April 11, 2007, Madam
the community and evicted from her           Dr. Pollanen, chief forensic path-   Justice Malcolm of the Ontario
apartment because her landlord be-       ologist with the Ontario Coroner’s       Court of Justice ordered that the
lieved she was a ‘baby killer’. People   office, was assigned the review of       CAS Supervision Order for Sherry’s
in the new neighbourhood she moved       Sherry’s case. In his first report re-   daughter be terminated.
to made it clear she was not welcome.    leased on March 28, 2006, he stated          On April 19, 2007, Sherry at-
     Amid the confusion and heart-       that, in his opinion, Joshua had nei-    tended a press conference held by
ache, Sherry pleaded guilty to in-       ther a skull fracture nor pre-mortem                      • Continued next page
fanticide, although she had at no time   trauma. He believed Joshua may have
admitted to causing the death of her     died as a result of his sleeping en-
                                                                                       sherry spoke
infant son.                              vironment, which was unsafe.
                                                                                    eloquently and
                                                                                       passionately
     Sherry met her current part-            At Dr. Pollanen’s suggestion,
ner, Rob, in 2004 and gave birth         Sherry agreed to have Joshua’s body
to a healthy baby girl, Madison, on      exhumed on May 29, 2006. Dr.                    about how
September 29, 2005. This happy           Pollanen had not found any x-rays
                                                                                         dr. charles
occasion would be short lived as the
Children’s Aid Society decided it was
                                         or other materials to substantiate or
                                         to justify Dr. Smith’s conclusion that      smith and the
in the best interests of the newborn     Joshua had died from a skull fracture.    false accusation
to only allow supervised contact be-     Dr. Pollanen conducted a second aut-        have impacted
tween mother and daughter. Sherry
complied.
                                         opsy and concluded that Joshua in
                                         fact did not die from a skull fracture
                                                                                            her life.

                                                                                    the aidwyc journal – fall 2007   1
                                         u international case updates




• Continued from previous page
                                         KEVIn COOPER:                            jOhnnIE saVORY:
the Chief Coroner and participated       awaiting Court of                        the long road to
in the AIDWYC press conference           appeal ruling                            exoneration
which followed. Although she was            eNdorsed                                 eNdorsed
extremely emotional at the prospect
of finally being exonerated and was      Kevin Cooper                              Johnnie Savory was convicted in 1977
surrounded by media cameras and          was convicted                            at the age of 14 for the murders of his
microphones picking up her every         and sentenced                            friend James Robinson and James’
word, Sherry spoke eloquently and        to death in 1985                         18-year-old sister, Connie Cooper.
passionately about how Dr. Charles       for the murders                          Johnnie has persistently proclaimed
Smith and the false accusation have      of four people                           his innocence throughout 30 years
impacted her life.                       in Chino Hills,                          of incarceration, which ended when
    AIDWYC lawyer James Lockyer, has     California. Cooper was awaiting exe-     he was granted parole in December
informed the Crown of Sherry’s in-       cution in 2004 when a full panel of      2006.
tention to seek an extension of time     the 9th Circuit Court of Appeals or-         In May 2007,
to file an appeal. Sherry wants the      dered a further examination of his       the 7th Circuit
court to give her an opportunity to      case.                                    Court of Appeals
appeal her conviction and to under-          On January 9, 2007, a three-         again denied
stand that she was a good mother then    judge panel from the 9th Circuit         Johnnie the right
and that she is a good mother now.       Court of Appeals heard oral argu-        to have DNA sam-
    Sherry’s son Austin was adopted.     ments, and the judges are currently      ples tested, which
She has not seen him since the day of    weighing Cooper’s claim that he was      he has sought since 1997. Nor has the
her arrest. His adopted parents al-      framed. David Alexander, one of          Governor of Illinois responded to
low Sherry to write him twice a year     Cooper’s lawyers, when asked about       Johnnie’s request for clemency, filed
and send presents. They keep her         the length of time the judges are tak-   in January 2004.
informed as to how he is doing in        ing to reach their decision, said, “I        Johnnie is living in a Chicago half
school and send her photos of him.       don’t read anything into the time pas-   way house, where he has a part-time
She is happy that Austin is being        sage and do not think it is unusual.”    job as an Administrative Assistant.
raised by a loving family and hopes          The 9th Circuit Court of Appeal      He has had public speaking engage-
that one day she will be able to have    can rule whenever a final decision       ments to students at Northwestern’s
the opportunity to meet him. u           is made according to David Kravets,      School of Law and School of
                                         spokesman for the California             Journalism, criminology students at
update                                   Attorney General’s office. u             Dominican University and Chicago’s
The Ontario Court of Appeal granted                                               Collation for the Homeless.
Sherry an extension of time to file                                                   Johnnie’s road to exoneration has
her appeal on July 26, 2007.                                                      been agonizingly long. However, he
                                                                                  is determined to clear his name and
                                                                                  move forward with his life. He and




20      the aidwyc journal – fall 2007
u international case updates




his lawyers Chris Tompkins and Steve      WIllIaM MaYO:                           daVId BaIn:
Drizen of Northwestern University
continue to work on his case. He          at a critical juncture                  new trial ordered
is presently waiting to hear from            eNdorsed                             v Not AN AIdwyc cAse
criminologist, Dr. Albert Harper of
the Henry Lee Institute of Forensic       William Mayo                             In 1995 David Bain of Dunedin,
Science who is re-constructing the        was wrongly con-                        New Zealand was convicted of the
crime scene despite Peoria County’s       victed on April                         1994 murders of five members of his
refusal to turn over crime scene          3,1992 for a 1991                       family. On May 10, 2007, five Law
photos.                                   armed robbery                           Lords of the Privy Counsel based in
    Johnnie is grateful to all his sup-   and aggravated                          London, England quashed Bain’s
porters including the St. Leonard’s       assault. Mr.                            convictions and ordered a new trial
halfway house staff who supported         Mayo had no prior criminal history      stating that a substantial miscarriage
his parole-related request to attend      but after a four-day trial in Cobb      of justice had occurred. Bain’s case is
a reunion with his diseased mother’s      County, Georgia, he was sentenced to    expected to be the last New Zealand
family in Mississippi.                    two life sentences for armed robbery    case that will appear before the Privy
    Johnnie has said, “Love tran-         and two 20-year sentences for aggra-    Council. The Supreme Court is now
scends all boundaries. I have over-       vated assault.                          considered its highest court although
come that which kept me from my               On March 14, 2007 Mr. Mayo          cases tried prior to 2004 can still take
family and friends. With the help of      was denied parole which he will be      their cases to the Privy Council. Bain
God and the good people in my life,       automatically reconsidered for by the   has consistently maintained his inno-
I will continue to realize those things   Parole Board in February 2008.          cence. Rubin Hurricane Carter, past
I could only dream about for over 30          William Mayo’s case is at a very    AIDWYC Executive Director for 10
years.”                                   critical juncture. And as a result of   years, flew to New Zealand in 2001
    A quote by Rubin Hurricane            few legal avenues remaining open to                     • Continued next page
Carter that resonates for Johnnie:        him his supporters are actively try-
“Hatred put me in prison but love         ing to raise $10,000 to hire Chicago,
brought me home.” u                       Illinois private investigator Paul J.
                                          Ciolino. Mr. Ciolino’s mandate is to
                                          explore areas of Mr. Mayo’s case that
                                          have not been addressed previously.
                                          Mr. Ciolino’s is best known for the
                                          work he provided, which contributed
                                          in the emptying of Illnois’ death row
                                          population in 2003.
                                              AIDWYC endorsed Mr. Mayo’s case     david Bain and joe Karam, after Bain
                                          on September 8, 2003. u                 was released on bail at a hearing in the
                                                                                  high Court at Christchurch.
                                                                                  photo: brett phibbs




                                                                                    the aidwyc journal – fall 2007   21
u international case updates




• Continued from previous page
                                            sCOTT WaTsOn: new                         is a new emphasis in New Zealand to
                                                                                      establish a ‘Criminal Cases Review
to meet with Bain, at the invitation        book features case                        Authority’ modeled after the United
of Joe Karam, a staunch supporter              eNdorsed                               Kingdom’s Criminal Cases Review
who stood by him through all his legal                                                Commission (CCRC). u
battles and with whom he now res-           Scott Watson’s
ides, after his release on bail May 15,     family, support-                          MaX sOffaR: death
2007. Dr. Carter emerged from his           ers and lawyers                           row for 26 years
two-hour meeting with David Bain            hope that the re-
declaring “David Bain is an innocent        cent decision by                             eNdorsed
person and we’re going to get him out       London’s Privy
of this prison so he can go on with his     Council quash-                            On February 2,
life.”                                      ing David Bain’s conviction and the       2006, Max
    The Privy Council was presented         publication of a new Keith Hunter         Soffar was con-
with new evidence that had never            book, “Trial by Trickery”, which fea-     victed for a sec-
been disclosed to the defence. All          tures Watson’s case, will not only draw   ond time of the
members of Bain’s family had been           attention to it, but direct a push to     July 1980 mur-
shot in the head. According to Mr.          re-open this matter.                      ders of three
Karam, the new evidence supports                Keith Hunter, is a veteran inves-     people in Harris County, Texas, and
the murder-suicide theory that was          tigative television journalist, who in    on March 2, 2006, he was once again
presented by Bain’s defence at trial.       his book exposes the serious prob-        sentenced to death. Max has lived on
    Mr. Bain has served 13 years of a       lems existing within New Zealand’s        death row for 26 years.
minimum 16-year non-parole sen-             criminal justice system and the flaws         Recently, a 184-page appeal brief
tence. On June 20, 2007, David              in the Crown’s case against Scott         citing 21 points of error was filed on
Collins QC, New Zealand’s Solicitor         Watson; problems that most directly       Max’s behalf by David Dow, a pro-
General announced that David Bain           led to his 1999 conviction of the 1997    fessor at the University of Houston
will be re-tried. It is predicted his       disappearance of Ben Smart and            Law Center, Jared Tyler of the Texas
trial will likely begin early next year.    Olivia Hope.                              Defender Service and Brian W. Stull
The Dunedin police department                   Greg King, one of Scott Watson’s      of the American Civil Liberties
would like to have Mr. Bain’s trial         lawyers has stated that the only legal    Union Capital Punishment Project.
televised. They have set up a 0800          avenue left to Scott Watson is to pe-         The New York office of the very
number and an email address for             tition the Governor-General in            prestigious law firm of Kirkland &
members of the public to contact the        Council for either a Royal Pardon         Ellis has agreed to take on Max’s case
investigative team regarding any in-        or a referral of the case back to the     in state habeas proceedings and later,
formation they may have connected           Court of Appeal. He explained that        if need be, represent him in federal
to the Bain case. All but three of the      the petition process is cumbersome,       habeas proceedings. u
original 91 witnesses are available to      political and is usually dealt with in-
testify and all trial exhibits are avail-   ternally by personnel in the Ministry
able. u                                     of Justice. However, King states there




22       the aidwyc journal – fall 2007
u international case updates




jEff BOPPRE:                              dened to hear that Mr. Starger will      Appeals, of the state of New York,
                                          no longer be able to continue work-      denied District Attorney Phyllis
dna evidence                              ing on his case and told me, “Colin’s    Mintz’s application for leave to appeal
   UNder revIew                           dedication to my case was extraordin-    Judge Pesce’s decision.
                                          ary and I will miss him.”                    Cy Greene was elated when on
In 1989, Jeff                                 The New York Innocence project       June 15, 2007 the District Attorney
Boppre was con-                           has re-assigned Jeff Boppre’s case to    filed a motion to have the indictment
victed in the state                       staff attorney, Alba Morales. u          dismissed and allow him to finally
of Nebraska of                                                                     move forward with his life.
double mur-                               CY GREEnE:                                   Myron Beldock is in the process
der for the 1988                          released on bail                         of preparing a civil action against the
deaths of Richard                                                                  New York City, its Police Department
Valdez and Sharon Condon. Serving            eNdorsed                              and the Brooklyn District Attorney’s
two life sentences, Jeff Boppre with                                               office for intentionally and mali-
the help of the New York Innocence        Cy Greene was                            ciously prosecuting an innocent man
Project, AIDWYC and attorneys Mick        released on bail                         when evidence clearly showed that
Whelan and Dan Curnyn hopes to be         in January 2006.                         someone other then Cy Greene com-
exonerated through DNA testing.           Cy spent over 22                         mitted the murder of Mr. Choi.
    The results of blood DNA evi-         long, agonizing                              Cy has been steadily employed
dence tested last year excluded Jeff      years vigorously                         since being released and will assist
Boppre as the contributor of the          fighting for his freedom while in        Myron Beldock in resolving the issues
blood samples. However, the blood         prison for a 1983 murder that he did     surrounding his wrongful conviction
has not been matched to anyone else       not commit. Judge Michael Pesce,         in a civil court.
and therefore Jeff Boppre remains in      his trial judge, ordered that Cy be          Mr. Beldock provides this coda to
prison.                                   granted a new trial based on ineffect-   the criminal case:
    It is predicted that in mid-July      iveness of counsel.                      1. It never ceases to amaze how hard
three hairs that were discovered at the       Myron Beldock, a renowned,               prosecutors struggle to protect
crime scene will undergo mitochron-       seasoned New York lawyer, has been           unjust convictions.
drial DNA testing at Orchid Cellmark      representing Cy Greene at the re-        2. Breathe free. Peace. u
Lab in Dallas, Texas. In the mean-        quest of AIDWYC for the last seven
time, investigative work continues in     years on a pro bono basis.
the hopes of unravelling the identity         The District Attorney immedi-
of the real killer/killers.               ately appealed Judge Pesce’s deci-
    Colin Starger, who was a staff at-    sion. The appeal was rejected by the
torney with New York’s Innocence          Appellate Division, 2d Department
Project played a key role in Jeff         on February 13, 2007.
Boppre’s case for the past two years,         On May 25, 2007 the
has accepted a position at University     Honourable Victoria A. Graffeo,
of New York. Jeff Boppre was sad-         Associate Judge of the Court of



                                                                                    the aidwyc journal – fall 2007   23
u feature article


Coroner’s report leads to Goudge Inquiry
public Inquiry announced                                    The more potentially difficult and complex cases were re-
                                                            viewed by the international experts.

into pediatric Forensic                                         The reviewers were asked to provide their opinions on
                                                            the following:

pathology in ontario                                        • whether they agreed that the important examinations
                                                                were conducted;
By Win Wahrer                                               • whether they agreed with the facts reported as arising
                                                                from the examinations conducted and;
PREaMBlE                                                    • whether they agreed with the interpretation of the
                                                                examinations conducted with respect to the cause and



I    n November 2005, Dr. Barry McLellan, Chief
     Coroner of Ontario, announced that a review would
     be conducted into 44 criminally suspicious and
homicide cases, dating back to 1991, where Dr. Charles COROnER’s REPORT
Smith had performed an autopsy or provided an opinion.
                                                                where an opinion was provided, the mechanism of
                                                                death.



                                                              On April 19, 2007, the Chief Coroner held a press
An additional case was included for review at a later date conference at Queen’s Park in Toronto, where he acknow-
bringing the total reviewed cases to 45.                   ledged that in 20 of the cases reviewed, the experts took
    The scope and format of the review were determined issue with the opinion of Dr. Smith which had been pro-
with advice from the Forensic Services Advisory Committee vided either in a written report, testimony in Court, or
of the Office of the Chief Coroner. This committee was both. In a number of cases, the reviewers felt that Dr. Smith
formed to strengthen the independence and objectivity of had provided an opinion regarding the cause of death that
the Office, as well as to help with communication with key was not reasonably supported by the materials made avail-
stakeholders. This Committee provided advice to the Chief able to him for review.
Coroner. Members of the Committee                                                  Of these 20 cases, 12 people had
consisted of representatives from the                                          been convicted and one found Not
Centre of Forensic Sciences, vari-                                             Criminally Responsible, in 13 of these
ous police services, the Prosecution                                           cases the reviewers did not agree with
Service, the Defence Bar. AIDWYC                                               significant facts or with the interpret-
was represented on the Committee by                                            ation of the examinations conducted.
Director, James Lockyer.                                                           All reports were made available
    The review was conducted by a                                              to the Crown by the Chief Coroner.
panel of internationally respected                                             The reports would be disclosed to the
forensic pathology experts.                                                    Defence counsel at some future date.
    After the initial screening phase of                                           The Chief Coroner went on to
the review, ten cases were identified as                                       explain the lessons that were learned
not having any potential controversial                                         through this review and the changes
issues with medical evidence. These                                            that have thus far been implemented
cases were thoroughly examined by                                              and those in the process of being im-
senior pathologists from Ontario. The honourable stephen T. Goudge
                                                                                                   continued next page



2      the aidwyc journal – fall 2007
                                                              were and are in place to ensure that justice is done and that
                                                              it is seen to be done.
                                                                   Commissioner Goudge said that the Inquiry “is dedi-
plemented in order to ensure public confidence in the         cated to making sure that no one ever has to endure the
Ontario Coroner’s System.                                     horror of being charged criminally, or having a family unit
    Dr. Smith provided opinions and conducted autopsies       pulled apart, or being convicted because of flawed path-
on cases dating back to 1981. The Chief Coroner pledged       ology findings or evidence. It can neither correct errors
to work with the Ministry of the Attorney General to try to   where new evidence may indicate that a conviction is un-
identify all such cases, where Dr. Smith conducted an aut-    safe nor provide financial compensation.”
opsy, or provided an opinion prior to 1991.                        On May 24, 2007, the Commissioner announced that
    The Association in Defence of the Wrongly Convicted       he will make an initial public statement to outline his plan
(AIDWYC) held a press conference following the announce-      for fulfilling his mandate at 10 a.m., June 18, 2007 at the
ment by the Chief Coroner and implored that the Attorney      Metropolitan Hotel, 108 Chestnut Street, Toronto.
General conduct a Public Inquiry into the work of Dr.              Commissioner Goudge said, “In order for me to under-
Charles Smith.                                                stand the impact that systemic failings have on people’s
                                                              lives, it will be very helpful for me to speak with those dir-
InquIRY CallEd                                                ectly affected. In order not to prejudice any ongoing legal
    On April 20, 2007, Premier Dalton McGuinty prom-          proceedings and in view of the intimate and personal na-
ised that the Government of Ontario would hold a Public       ture of the matters that may be disclosed in these meetings,
Inquiry. And on April 23, Attorney General Michael            these meetings must take place in private. They will not
Bryant advised the people of Ontario that a Public Inquiry    be part of the formal hearing process. The Commission
would be held. On April 25, Bryant announced that             is not empowered to correct errors in specific cases nor
The Honourable Stephen T. Goudge would be Public              provide financial compensation but the information from
Inquiry Commissioner into Pediatric Forensic Pathology        the meetings will be extremely useful background to me in
in Ontario. Senator Larry Campbell was appointed Chair        my work.”
of an expert medical and scientific panel. This panel will         Commissioner Goudge has promised that the Inquiry
report to the Commissioner and provide information            will conduct an efficient and thorough investigation, and to
and advice. Commissioner Goudge announced on May 3            deliver a report no later than April 25, 2008. The Inquiry
that he has appointed Linda Rothstein as Commission           will be conducted at 180 Dundas Street West, Toronto.
Counsel, Mark Sandler as Special Counsel, Criminal Law,            AIDWYC will be representing the interests of a number
and Robert Center as Assistant Counsel, Jennifer Mealier,     of the 13 cases at the Public Inquiry. Anyone wishing more
Assistant Counsel and Professor Kent Roach as Research        information please see www.goudgeinquiry.ca. u
Director.

TERMs Of REfEREnCE                                            Win Wahrer has been with AIDWYC since
    The job of the Commissioner is to restore public con-     before its inception. She is currently the Director
fidence in the use and reliability of pediatric forensic      of Client Services, providing case management
pathology evidence in Ontario’s criminal proceedings.         services, counselling and support to clients. She
The Commissioner and his staff will produce a report and      manages the case review process and supports
recommendations based on their findings, including the        both of AIDWYC’s Review Committees as well as
examination of systemic issues, the strengths and weak-       numerous other projects.
nesses of the accountability and oversight mechanisms that



                                                                                           the aidwyc journal – fall 2007   2
u feature article


Steven Truscott’s long wait for justice
By Anthony Doran
                                                                   note: This article was written before the decision



S       teven Truscott’s original verdict, one of the most
        controversial in Canadian judicial history, spurred
        the country to end the death penalty. Today, his ap-
peal may change the way future wrongful convictions are
rectified.
                                                                   was released on Steven Truscott’s case. It outlines the
                                                                   court proceedings held in early 2007 at the Ontario
                                                                   Court of Appeal. See the decision article on page 3.



    When the Ontario Court of Appeal renders its decision        more elasticity to account for the unique circumstances of
on Steven Truscott’s final appeal, the decision will have far-   the case. How far, if at all, the court stretches those rules
reaching implications. What will be most interesting is the      will be of vital importance for rectifying future wrongful
way the court arrives at its decision. Steven Truscott’s team    convictions in Canada because of the precedent that this
of AIDWYC lawyers argued the Ontario Court of Appeal can         case will set.
find him innocent of raping and murdering 12-year-old                The Ontario Court of Appeal began hearing final sub-
Lynn Harper in 1959, if the rules of evidence are given          missions in the Steven Truscott Reference on January 31,
                                                                                           2007. The anticipation grew as
                                                                                           Steven Truscott, accompanied by
                                                                                           his wife Marlene and two sons,
                                                                                           Ryan and Devon approached the
                                                                                           court. They were immediately
                                                                                           surrounded by a waiting throng
                                                                                           of cameras and reporters, making
                                                                                           it difficult for him and his family
                                                                                           to make their way to the court.
                                                                                                After providing a roadmap
                                                                                           on how the argument for Steven
                                                                                           Truscott’s innocence would un-
                                                                                           fold, James Lockyer began an
                                                                                           onslaught on the Crown’s case
                                                                                           that, from the outset, cast serious
                                                                                           doubt on the evidence the Crown
                                                                                           relied on to convict the 14-year-
                                                                                           old Steven Steven Truscott in
                                                                                           1959. With each passing sentence,
                                                                                           the case against Steven Truscott
                                                                                           began to look as weak as the CBC’s
                                                                                           Fifth Estate documentary had
                                                                                           suggested in 2000, which helped
                                                                                           Steven Truscott gain his right to
                                                                                           appeal.




26       the aidwyc journal – fall 2007
                                                               discovered were never disclosed to Steven Truscott’s for-
                                                               mer trial and appellate counsels. If the disclosure rules in
                                                               place today were not yet contemplated in 1959, how, then,
PROBlEMs Of TIME PassInG                                       could Steven Truscott’s trial have been unfair? Other panel
    Lockyer did agree with the Crown on one point – the        members questioned how they could concede that the case
passage of time had greatly complicated the case and cre-      was fair by 1959’s standards, but still overturn it now.
ated significant obstacles. Unlike in previous wrongful
conviction cases, there was no magic bullet for Steven         dIsClOsuRE ThEn and nOW
Truscott. Any exhibits capable of providing DNA had been           But as Marlys Edwardh summarized the differences
destroyed. While not fatal to the argument, Lockyer ad-        between the disclosure rules of today and those of 1959,
mitted it would make proving Steven Truscott’s innocence       questions of fairness slowly began to dissipate and must
harder. Nonetheless, he argued, those obstacles could be       surely have been replaced by wondering how any accused
overcome by adapting the rules of evidence to meet the         charged in 1959 was able to get a fair trial. In those days,
unique nature of the case. This became a dominant theme        defence counsel was entitled to know “the substance” of the
over the following several hours and certainly caused the      case but nothing more. In fact, it was primarily through
five members on the panel to begin questioning how they        the preliminary hearing that lawyers would know exactly
could accomplish such a task without actually compromis-       what evidence the Crown had against their client.
ing the rules of evidence.                                         While disclosure issues are not typically the most excit-
    As he spoke, Lockyer continued to pre-empt the main        ing aspects of any case, Edwardh’s argument cemented the
points the Crown would rely on. He quickly dismissed the       view that defence counsel in 1959 was constantly swimming
idea that the failure of Steven Truscott’s original defence    upstream. Lockyer reinforced this point, arguing force-
counsel to request certain items of disclosure was a trial     fully that, whether viewed through the spectacles of 1959
tactic or strategy. The Crown came back to this argument       or 2007, the lack of disclosure was visibly unfair to Steven
again when it spoke several days later. By that point in the   Truscott. Indeed, if the Court examined the case anew,
hearing, however, such a position was no longer credible.      including new evidence and various hearsay statements of
    Throughout the course of the first day, panel member       witnesses, it could come to the only conclusion possible
Justice David Doherty questioned whether it was fair to        – Steven Truscott did not kill Lynne Harper.
judge a 1959 trial by 2007 standards. This issue was par-
ticularly important since much of the argument for Steven      TIME-lInE TROuBlE
Truscott’s innocence is based on materials AIDWYC lawyers          The following two days were dominated with the most
                                                               well-known evidence of the case: evidence dealing with the

     “(trucott) has been                                       County Road. This included information about the lo-

 branded a murderer. He
                                                               cation of various people, which was often confusing and
                                                               somewhat akin to a question one would find on an LSAT
  can be viewed also as                                        exam. Each member of the panel struggled to understand

    an innocent 14-year-                                       the timelines and yet the Crown and police at trial were

   old boy sentenced to
                                                               certain they had it correct. However, even Justice Michael
                                                               Moldaver noted that when dealing with children, fixing a
 hang. this court is the                                       time to any particular event should be viewed with some

  only venue for justice                                       suspicion. At the end of day four, the shaky foundation

        now and forever.”
                                                               that was the case for the Crown had been significantly
                                                               weakened.
                                                                                                        continued next page


                                                                                      the aidwyc journal – fall 2007   27
u feature article: truscott’s long wait

                                                               ThE jusT REMEdY
                                                                   On the afternoon of February 7, 2007, Hersh Wolch
                                                               began articulating the need for the appropriate remedy to
    By the time Phil Campbell began his argument on the        be provided. In an ordinary case, an ordering of a new trial
sixth day of the hearing, the time of Lynne Harper’s death     or a stay of proceedings would be considered a victory. But
seemed to be the only remaining support for the Crown’s        for Steven Truscott, he argued, neither of those remedies
case. The accepted version of events is that Lynne Harper      would be sufficient. Based on his experience in the David
died on June 9, which made Steven Truscott the only sus-       Milgaard appeal, Hersh Wolch asked the question: would
pect. But if she, in fact, died a day later, Steven Truscott   the continuing conviction of Steven Truscott be a miscar-
had an alibi since he was in school all day.                   riage of justice? The answer was a resounding yes, he said,
    Phil Campbell acknowledged that the passage of time        and a finding of innocence is the just remedy.
limited what scientists could prove today. He argued that          As one would expect, the panel not only questioned
the evidence regarding time of death was, at best, in-         whether this remedy was appropriate but also tried to fig-
correct, or at worst, the result of pressures to conform       ure out the mechanics of reaching that conclusion. Justice
to a preconceived notion of who committed the crime.           David Doherty, who was quite concerned with this issue,
Steven Truscott’s current lawyers discovered and presented     questioned what the standard should be. In response,
arguments on two conflicting pathology reports with sig-       Hersh Wolch reminded the court that this case is not an or-
nificantly different estimates on when the little girl died.   dinary case and sometimes the standard is based on feeling.
Phil Campbell argued that had the original judge, the late     Worrying about how to define such a standard for wrongful
Justice Donnelly, known that conflicting pathology reports     convictions coming down the line, he said, is essentially a
existed, he would have questioned the reliability of that      search without a finish line. Rather, each case of wrongful
evidence.                                                      conviction is unique and each decision, therefore, must
    There simply is no way to know for certain what would      reflect those particular unique characteristics. In closing,
have occurred if the non-disclosed items had been dis-         Hersh Wolch stated, “Behind me sits a 60-year-old man
closed. As persuasive as the arguments had been thus far,      who for 80 per cent of his life has been branded as a mur-
the panel was clearly concerned about being asked to specu-    derer. He can be viewed also as an innocent 14-year-old
late on a wide range of evidence.                              boy sentenced to hang. This court is the only venue for
    Undoubtedly, the Court of Appeal was in an unenvi-         justice now and forever.”
able position. Public opinion is overwhelmingly in sup-
port of Steven Truscott’s innocence. The Court was asked       ThE CROWn’s flaW
to give its opinion on whether the jury would have found           Two dominant themes emerged from the arguments
Steven Truscott innocent, had they been provided the full      the Crown put forth: this evidence has all been heard be-
and accurate evidence.                                         fore and if it has not, it’s not admissible; and any issues of
    Phil Campbell’s arguments dealt with scientific evi-       non-disclosure was a decision made by the defence based
dence. There were two main thrusts to his position: first,     on trial strategy or trial tactics. A strong counter to the
the evidence dealing with time of death and stomach con-       Steven Truscott team never materialized.
tents cannot be considered sufficiently precise or reliable;       Many of the Crown’s points had already been dealt with
and second, that when this unreliability is assessed cumula-   during the first part of the appeal held in 2006 (and, in my
tively, the Court cannot be of the view that Steven Truscott   view, persuasively debunked by the Steven Truscott team).
was guilty of the murder.                                      One point that does stand out, though, is the imposition
                                                               of 2007 standards on a 1959 case. What the Crown failed
                                                               to do in any convincing way was to accept that mistakes had




28       the aidwyc journal – fall 2007
                                                              sTEPhEn TRusCOTT’s 48-YEaR
                                                              jOuRnEY Of InjusTICE
                                                              •   On June 9, 1959, 12-year-old Lynne finished her
                                                                  meal at 5:45 p.m. She was last seen riding with Steven
                                                                  Truscott, then 14, on his bicycle along a country
                                                                  road outside Clinton, Ont. Steven Truscott said he
                                                                  dropped Lynne off at Highway 8, where she hitched a
                                                                  ride in what appeared to be a ’59 Chevy.
Roy McMurtry headed the panel, and retired on May 30, 2007.   •   On June 11, 1959, her raped and murdered body was
                                                                  discovered in a wooded area off the county road.
been made in 1959 but argue that, even with new evidence,     •   Sept. 30, 1959, Steven Truscott was convicted of first-
Steven Truscott would have been convicted. By relying             degree murder and sentenced to death, making him
heavily on the technical issues of admissibility (important       the youngest Canadian ever to be given a death sen-
as they are), the message conveyed was “we won, it’s over.”       tence.
    When this case is, in fact, over is up to speculation.    •   In 1960, his sentence was commuted to life in prison,
Former Chief Justice Roy McMurtry, who headed the                 the same year his first appeal was denied.
panel, retired on May 30th. Since the panel’s work on this    •   In 1966, the Supreme Court of Canada ruled 8-1 to
case must be completed within 90 days of his retirement,          uphold the verdict.
a decision should be rendered before August 31st 2007.        •   In 1969, after serving 10 years in prison, Steven
Upon reflection, although this case will have significance        Truscott was released on parole and went on to live a
in setting precedent for future claimants of innocence, it        life of anonymity.
will be for no one more important than it is for Steven       •   In 2000, Steven Truscott went public with his story to
Truscott. One of the most poignant moments in the hear-           help clear his name in a CBC Fifth Estate documentary.
ing was when James Lockyer said to the Court of Appeal        •   In 2004, then-justice minister Irwin Cotler sent
Judges “You are the last jury.” u                                 Truscott’s case back to the Ontario Court of Appeal.
                                                              •   In 2006, the Ontario Court of Appeal began hearing
                                                                  Steven Truscott’s appeal.
Anthony Doran is a volunteer case reviewer
with AIDWYC. He holds a B.A. in Psychology
from York University and has recently completed
his LL.B. from the University of London. He
provides legal research and case preparation
assistance to the Toronto criminal defence
community and has worked with some of the top
criminal defence lawyers in Toronto.



                                                                                    the aidwyc journal – fall 2007   2
u the aidwyc profile


Win Wahrer: the ‘good mother’ of aidwyc
W            in has been with AIDWYC
             since before its inception.
             She is a driving force and
a dedicated, passionate contributor.
Win has stepped into many roles to
                                           encouragement for her to keep soar-
                                           ing higher for the cause.
                                               Tanya Gerber, AIDWYC Executive Director

                                           GEnEROsITY Of sPIRIT
                                                                                         carriages of justice and restore the
                                                                                         public’s faith in our judicial system,
                                                                                         she virtually breathes both physic-
                                                                                         ally and mentally for her cause –
                                                                                         AIDWYC.”
accomplish AIDWYC’s goals with no re-       “Win’s dedication to AIDWYC sur-                               Steve and Marlene Truscott
gard to self-sacrifice. From fundrais-     passes all expectations. She is for-
ing to letter writing, conference and      ever prepared to help the wrongly              sTalWaRT dEfEndER
event organizing to the assignment of      convicted and their families at a             “Win has been at AIDWYC since the
review counsel – she’s fulfilled virtu-    moment’s notice – whether it be in a          days of Guy Paul’s conviction on July
ally every function, barring the actual    comforting manner or assisting with           30, 1992. 15 years later, she is still
legal work. Win gets things done!          matters pertaining to the individual’s        the same stalwart defender of the
    Win’s knowledge of the cases, re-      case. In her generosity of spirit and         faith. God bless her.”
view process, and investigations is        effort to help AIDWYC rectify the mis-                   James Lockyer, AIDWYC Director
remarkable. She is truly dedicated to
seeking justice. She understands the
impact of wrongful conviction on in-
dividuals and their families and she
provides a variety of supports in a
person-centred approach.
    Win loves people. And people love
Win! Volunteers from all levels of
the organization feel a strong kinship
with her and many maintain friend-
ships beyond their AIDWYC ties.
    AIDWYC continues to grow and
change and Win does too. She
has taken on her latest position as
Director of Client Services with
dedication and enthusiasm. Much
of the role has been well established
through years of learning; some of it
will be developed and grow through
new endeavours in a more formalized
AIDWYC environment.
    AIDWYC is extremely fortunate to
have Win as a resource and an advo-
cate. I hope this recognition provides




30       the aidwyc journal – fall 2007
alWaYs ThERE fOR ME                                wrongful conviction cases – both in                   truly is a people person; a valuable
“Nobody deserves recognition more                  Canada and abroad – is a fantastic re-                attribute for someone who does the
than Win. She’s a wonderful person;                source for reporters on deadline.                     work that she does. “
always there for me on the phone.                  As if that were not enough, she is ob-                                Jim Bell, AIDWYC Volunteer
She keeps me going. I have the high-               viously an irreplaceable human link
est respect for her.”                              between those whose cases have ended                  shE’s WIn WIn
                 B.P., Mother of an applicant      in success, and those which are still                 “Passionate, compassionate, and dedi-
                   whose case is under review      pending. AIDWYC would exist with-                     cated. That’s a win Win in my book.”
                                                   out Win, but it would be lacking an                                Paul Bennett, AIDWYC Director
GOOd MOThER                                        essential cog that has helped make it
“I always think of Win as the “good                one of the most successful advocacy                   ThERE fOR EVERY ClIEnT
mother” of AIDWYC. Like any good                   groups in modern Canadian history.                     “Win is there for every client. She
mother, she is protective, loving and                               Kirk Makin, Globe and Mail           treats them like ‘one of her own’. She
nurturing. Her passion for the cause                                            Justice Reporter         cares about them. It’s not just a job
and clients is selfless. Her pride and                                                                   for her.”
adoration of the work accomplished                 WElCOMInG and EnCOuRaGInG                                   Howie Gelfand, Romeo Phillion supporter
by AIDWYC knows no bounds. AIDWYC                   “On the occasions when we have
would be lost without her support                  met, Win has been so welcoming                        ThE hEaRT and sOul
and guidance.”                                     and encouraging. I have immense                        “I have worked with Win for about
             Cindy Wasser, AIDWYC Director         admiration for her vision, psycho-                    15 years, first in connection with
                                                   logical understanding and tireless                    the Justice for Guy Paul Morin
EXCEllEnT MEnTOR                                   dedication to the cause of helping the                Committee, and subsequently in
“Win is an excellent mentor. She                   wrongly convicted. She is a beacon of                 connection with AIDWYC. In her
is intensely dedicated to every case               hope and an inspiration for people in                 dedication to the plight of the
that falls on her desk. She embra-                 other jurisdictions.”                                 wrongly convicted, Win has clearly
ces her work with a sense of passion                     Adrian Grounds, University Senior Lecturer      found her true vocation in life. Her
and conviction that is contagious to                 in Forensic Psychiatry, Institute of Criminology,   devotion to the cause is unstinting,
those around her. Volunteering with                                    University of Cambridge, UK       and all of us associated with AIDWYC
AIDWYC and working with Win is a                                                                         have reason to be grateful to Win for
pleasure and an unforgettable experi-              a PEOPlE PERsOn                                       her inspiring work. As AIDWYC moves
ence.”                                              “I am amazed by Win’s dedication                     forward from a more or less ad hoc
        Amanda Nash, AIDWYC Volunteer and          and commitment to free the wrongly                    group to a more formalized institu-
       Trent University Forensic Science Student   convicted and prevent future mis-                     tion, Win’s role in providing heart
                                                   carriages of justice. I have met few                  and soul to the organization will be-
WIn Is PuRE GOld                                   people that are as passionate about                   come increasingly important.”
 “For a reporter, Win is pure gold.                the work that they do as she is.                                Peter Meier, AIDWYC Past President
She is invariably accessible and con-                  Win has also been fantastic in wel-
stitutes a human storehouse of in-                 coming and encouraging my volun-
stitutional memory. Win’s grasp of                 teer involvement with AIDWYC. She                     • Continued next page



                                                                                                           the aidwyc journal – fall 2007      31
u the aidwyc profile: WIN WAHRER


Win has been the ‘heart and soul’ of my case
hElPs In sO ManY WaYs                            the state and those who work to free           though there are other extremely tal-
 “Win is there for me. She treats                them. She is tenacious, indefatig-             ented and committed people. She has
me like family. She cares about my               able and resilient. Her achievements           been the glue that keeps it together. I
health; she visits me. She deserves              – sometimes impossible achievements            have often thought she needed some
this recognition and a lot more. She             – seem often by force of will alone. If        type of award for all she does. I am so
helps me in so many ways.”                       it’s in the cause of the innocent, no          happy to hear she is getting the recog-
             Romeo Phillion, AIDWYC client       effort is too great. She will simply not       nition she deserves. Thanks Win, and
                                                 take ‘no’ for an answer. When those            keep up the good work!!!”
shE’s a fIGhTER                                  rotting in jail have almost given up,                       L.F., Mother of a case applicant
“Win has been the heart and soul of              she gives them another reason to keep
my case. She’s a fighter. She’s like the         hope alive. When counsel falter, she           TRulY undERsTands
mother of justice.”                              finds some way to urge them forward.           “Win has been here since the very be-
        G.P., Currently incarcerated applicant   Win has a rightful place among the             ginning and has always been the one
                                                 finest of freedom fighters. She is a           who exemplifies the empathy of AID-
MadE a dIffEREnCE                                class act.”                                    WYC and its members for the wrong-
“Win has made a difference for us.                           Mel Green, AIDWYC Past President   fully convicted. We all contribute in
She’s so strong and there for us. She’s                                                         different ways and some of us, caught
very supportive. She came to visit and           InValuaBlE fRIEnd                              up in reviewing files, drafting appli-
never forgets a Christmas card.”                 “Win has been an invaluable friend             cations and going to court on behalf
             Irma Johnson, Mother of a client    and asset to those wrongfully con-             of the wrongly convicted, sometimes
                                                 victed in both Canada and the United           forget that we are dealing with human
saYs WhaT shE MEans                              States.”                                       beings who have been unbelievably
“Her intimate knowledge of the cases                                    Lon Rose, Director      traumatized by events we perceive as
helps her relate to the clients. If it                                                          unjust in an intellectual sense.
wasn’t for her support when I was                EMPaThY KnOWs nO BOunds                             The wrongly convicted know that
first released, I would have had more            “Win is an extraordinary person. Her           it is Win who best understands the
difficulties. Her biggest strength is            compassion and empathy know no                 emotionally devastating impact of
that she says what she means and she             bounds. Many clients and their fam-            wrongful convictions on real people
means what she says. She’s very open             ilies will attest that she helps make          and their families and friends. The
that way.”                                       this arduous journey survivable.               wrongly convicted know that it is Win
                       Bill Mullins-Johnson      When I am down, just a few words               they call to cry with, to laugh with or
                                                 from her can put me back on the                to just call in their lowest moments,
ThE sOul Of aIdWYC                               right track. She listens to what I say,        to confirm that there is indeed some-
“To describe Win as the “soul of                 and she acts on it!                            one out there who truly understands
AIDWYC” is almost a cliché. There                    In my opinion, Win is the back-            how they feel.
is no more fervent crusader for the              bone of AIDWYC. Without her, it                     If the heart is where we feel, then
wrongly convicted. Win is fiercely               would not be as well known as it is.           it is Win Wahrer who is the heart of
loyal to both clients and cause. She             In fact, without her, I am not sure if         AIDWYC.”
is an inspiration to those trapped by            AIDWYC would have survived; even                                      David Bayliss, Director




32        the aidwyc journal – fall 2007
u aidwyc acknowledgements


We couldn’t do it without our funders
W           e are grateful to the fol-
            lowing funders who pro-
            vide support for AIDWYC’s
work and infrastructure.
• Law Foundation of Ontario
                                         us to accomplish even more, includ-
                                         ing: hire an AIDWYC attorney, start
                                         a Canadian wrongful convictions li-
                                         brary, and pursue further policy in-
                                         itiatives necessary to prevent future
                                                                                     If you haven’t yet, please join us in
                                                                                  pursuing justice by becoming a mem-
                                                                                  ber, making a donation or volunteer-
                                                                                  ing. We can’t do it alone. Now is the
                                                                                  time for action.
• Criminal Lawyers Association           wrongful convictions.
• Anonymous donors                           If you are a member, have made
    Individual and corporate donors      a donation or volunteer, thank you for
enable us to accomplish important        making a difference in the lives of
work. Currently, contributions pro-      many wrongly convicted men and
vide the funding needed to inves-        women!
tigate cases, pay disbursement costs
(travel and transcripts etc.), raise
additional funds, and reimburse ex-
pert witnesses.
    Additional funding would enable




                                                                                   the aidwyc journal – fall 2007   33
u article

                                      wItNess IMMUNIty UNrAvelled:

 The louise Reynolds decision
         How a wrongfully accused mother and her
     long fight for justice may make expert witnesses
                            liable for their faulty work
3   the aidwyc journal – fall 2007
                   n June 1997, Louise Reynolds was charged with the second-
                   degree murder of her seven-year-old daughter, Sharon. Dr.
                   Charles Smith, a paediatric pathologist, conducted a post-
                   mortem examination on Sharon’s body. It was on the basis
                   of Dr. Smith’s opinion that Louise Reynolds was charged
                   with Sharon’s murder. Ultimately, the Crown withdrew the
                   charges against Louise in January 2001. By that time, she had
                   spent 22 months in protective custody, had been forced to
                   place one of her children for adoption and had been vilified
                   in the local community as a child murderer.
                       Shortly after the charges against her were withdrawn, Louise started an
                   action against Dr. Smith, the Kingston Police Force, various officers who had
                   participated in the investigation and another health professional who had
                   provided an opinion to the Crown. Six years later, Louise has won an appeal
                   in the Ontario Court of Appeal, which allows her to proceed with her claim
                   against Dr. Smith. AIDWYC intervened in those proceedings and its assistance
                   was instrumental.
                       The purpose of this article is to explain the decision of the Court of
                   Appeal and to discuss some of the legal issues that arise in Louise Reynolds’
                   civil case. My involvement as civil counsel for Louise began in early 2005. At
                   that point, she had been without representation for almost two years and her
by peter wardle,   case was in danger of being dismissed. I became involved largely because of my
wardle daley       personal relationship with Louise’s criminal lawyer, Felicity Hawthorne, and
bernstein llp      my long-standing interest in the law of malicious prosecution. At that time, I
                   had no idea about the simmering controversy regarding Dr. Smith’s work.

                   ThE CRIMInal PROsECuTIOn Of lOuIsE REYnOlds
                       The Kingston Police were called in the evening of June 12, 1997 after
                   Sharon had been reported missing by a neighbour. An officer eventually
                   found her body in a basement room in the family home. She had been brutally
                   attacked and there were extensive wounds to her upper torso and head. At
                   the time of Sharon’s death, Louise Reynolds lived in the home with Sharon,
                   another daughter Kaitlin (aged 4) and a boyfriend, Gordon Strowbridge. A
                   pit bull terrier belonging to a neighbour, Gary Lee, had been in the basement

                                                                               continued next page


                                                             the aidwyc journal – fall 2007   3
u feature article

The Louise Reynolds Decision                                   also testified that it was his opinion that none of Sharon’s
                                                               wounds were caused by dog bites. Louise was subsequently
                                                               committed to trial on the charge.
of the house on the day Sharon died. Lee picked up his             Following the preliminary inquiry, Dr. Smith appeared
dog an hour or so                                              to have misplaced a plaster cast of Sharon’s skull, which he
before Sharon was reported missing. He later told the po-      had made at the time of the original post-mortem exam-
lice that he had noticed a red substance around the dog’s      ination. For this and other reasons, on the recommenda-
chest and he had washed the dog down with a hose.              tion of Deputy Chief Coroner for Ontario and the Chief
    Dr. Smith conducted the post-mortem examination on         Forensic Pathologist for Ontario, the Crown obtained an
Sharon’s body in Toronto on June 13 and 15, 1997. He then      order for the exhumation of Sharon’s body. On July 13,
provided an oral opinion to the police that Sharon’s death     1999, a second post-mortem examination was then con-
resulted from loss of blood due to multiple stab wounds.       ducted under the direction of the Chief Coroner’s Office.
During his initial investigation, Dr. Smith was asked by an    Shortly before the second autopsy, Louise was released on
officer about certain marks on the upper back of Sharon’s      bail with the Crown’s consent, on strict conditions.
body, which appeared to resemble paw marks. According              The conclusions of the second post-mortem examina-
to police notes, Dr. Smith told the officer in question that   tion were that a dog was responsible for at least some of the
those marks were not “domestic or wild animal in any way.”     injuries sustained. However, the possibility that a weapon
Dr. Smith did not release his written post-mortem report       was also involved in the affliction of certain of the injur-
until March 8, 1998, almost nine months after the aut-         ies could not be excluded. The Crown continued to take
opsy.                                                          the position that a reasonable prospect of conviction con-
    The police quickly focused their investigation on          tinued to exist.
Sharon’s mother, Louise, as a result of a number of factors,       By the fall of 2000, intense discussions were underway
including discrepancies between her statements and those       between the Crown and the defence about the continua-
of the boyfriend, about Sharon’s whereabouts in the hours      tion of the prosecution. The defence eventually disclosed
leading up to her death, the failure of the initial search     an expert’s report from its pathologist, Dr. Ferris, whom
party consisting of Louise and the neighbour, Lee, to find     the Crown in charge of the prosecution then interviewed.
Sharon’s body in the basement, evidence of neighbours          In addition, certain of the skeletal remains were sent to a
that they had seen Sharon being brought back by Louise to
the house shortly before her disappearance, and evidence
from a variety of sources regarding Louise’s alleged bad            louise had spent 22
character and supposed mistreatment of her daughter. The           months in protective
police also learned that Sharon had head lice at the time of
                                                                       custody, had been
her death, and had missed some school as a result. They
developed a theory that Louise had taken Sharon down to              forced to place one
the basement to cut her hair, had flown into a rage, and               of her children for
then attacked her with a pair of scissors. Louise Reynolds
                                                                 adoption and had been
was arrested and charged with second-degree murder on
June 26, 1997.                                                        vilified in the local
    In testifying on April 27 and 29, 1998 at Reynolds’ pre-       community as a child
liminary hearing, Dr. Smith opined that Sharon’s death was
caused by loss of blood resulting from more than 80 stab
                                                                                  murderer.
wounds to her body, made by a knife or pair of scissors. He




36       the aidwyc journal – fall 2007
                                                                  the rule is to encourage witnesses to come forward and give
                                                                  their evidence candidly, without fear of later retribution
                                                                  through retaliatory lawsuits. Over the last 30 years, there
forensic anthropologist in the United States, Dr. Steven          has been much development in the witness immunity rule,
Symes. He subsequently provided an opinion to the Crown           both in the United Kingdom and in Canada. Canadian
that marks on the skeletal remains were caused by dog             cases have held that it applies not only to evidence given in
bites, except for a number of marks on the skull, almost          Court, but also to preparatory statements made by a wit-
all of which could have been caused by scalpel or a very          ness (such as a will say) in anticipation of giving evidence.
sharp knife. Dr. Symes also eliminated scissors or any of         There are also Canadian cases holding that it applies to ex-
the other cutting instruments seized by the plaintiff from        pert witness testimony and reports.
the Reynolds home.                                                    Dr. Smith took the position that he was an expert wit-
    At this point, matters rapidly reached a climax. The          ness in the Reynolds’ prosecution and that his work as an
Crown again interviewed Dr. Smith, who stated that he de-         expert was immune from suit. He also claimed that the gist
ferred to the opinions of the other experts, and also con-        of Reynolds’ complaint was about his testimony at her pre-
ceded that there was a possibility that even the questionable     liminary inquiry, which was clearly covered by the witness
wounds could possibility have been caused by dog bites.           immunity rule. Finally, he argued that all of his prepara-
Once the Crown received this new information, the char-           tory work, stretching back from his involvement in the in-
ges were withdrawn on January 25, 2001.                           itial post-mortem, was part-and-parcel with his testimony
                                                                  at the preliminary inquiry, such that it all should be cov-
ThE CIVIl aCTIOn                                                  ered by the witness immunity rule.
    Louise Reynolds commenced the civil action on February            The child forensic pathologist made these arguments by
8, 2001. Initially, the claim against all of the Defendants       way of a motion to strike the Reynolds’ Statement of Claim
was based on negligence and breaches of Charter rights, as        under Rule 21, which allows the Court to strike a Statement
well a claim for false arrest and false imprisonment. The         of Claim where it is plain and obvious that it discloses no
claim was later amended to assert that Dr. Smith had acted        reasonable cause of action. He was unsuccessful at first in-
in bad faith. This anticipated a defence based on Section         stance before a lower court judge, who felt the authorities
53 of the Coroner’s Act, which states that no action or           on witness immunity in Ontario were unclear, particularly
other proceeding shall be instituted against any person act-      as they applied to criminal proceedings. Dr. Smith then
ing under the Coroner’s authority for an act done by him          obtained leave to appeal to the Divisional Court.
or her in good faith in the performance of any power or               It was our position on behalf of the Plaintiff, both in
duty under the Coroner’s Act.                                     the Divisional Court and later in the Court of Appeal, that
    In 2005, following our retainer, we made further              current U.K. jurisprudence relating to witness immunity
amendments to the Statement of Claim to add a claim               drew a clear distinction between persons carrying out in-
against Dr. Smith for misfeasance in public office. We al-        vestigative powers, and those exercising testimonial func-
leged that he had exercised tunnel vision and had attempted       tions. Only those acts associated closely with the testimonial
to assist the police with securing a conviction.                  functions (i.e. preparing for and giving evidence in Court)
                                                                  should be protected by witness immunity. We relied upon
ThE WITnEss IMMunITY IssuE                                        a recent decision in the House of Lord, Darken v. Chief
    The witness immunity rule is a centuries-old rule de-         Constable of West Midland [2000] H.L.J. No. 44, where
veloped in English law. It holds that parties to legal proceed-   this distinction had been drawn in the context of a claim
ings and witnesses have complete or absolute immunity for         against police officers.
subsequent liability for their testimony. The rationale of
                                                                                                           continued next page


                                                                                         the aidwyc journal – fall 2007   37
u feature article

The Louise Reynolds Decision                                            the reynolds case
                                                                      is about dr. smith’s
                                                                          conduct, not his
                                                                       testimony, and the
    We argued that:
• Dr. Smith had initially been exercising a statutory
    mandate under the Coroner’s Act as a public official            court emphasized his
    investigating a suspicious death, for purposes of deter-
                                                                     burden to prove the
                                                                 witness immunity claim.
    mining the cause of death. His acts and omissions while
    engaged in that investigation should not be protected
    by witness immunity; and
• the gist of the Reynolds’ claim was not about Dr. Smith’s      motion. Dr. Smith had also argued before the Divisional
    testimony at her preliminary inquiry, but about his          Court that he was not a public official such that a claim for
    work at the initial stages of the police investigation,      misfeasance of public office could be made against him.
    when he had opined, first orally and then in writing,        The majority did not deal expressly with this issue, but in
    on the cause of death.                                       her dissent, Justice Wilson concluded that this claim was
    Our arguments got a poor reception in the Divisional         arguable and should be allowed to proceed to trial.
Court. Justice John O’Driscoll, writing for the majority of          Of course, the decision of the Divisional Court was ap-
the Court, ruled in Dr. Smith’s favour, concluding that all      pealed. By the time the matter reached the Court of Appeal,
of his work, including his post-mortem examination, his          AIDWYC had intervened in the case on the Plaintiff’s be-
oral communications to the police, and his post-mortem           half. Sheila Block and Sandra Perrin of Torys represented
report, and his testimony were “inextricably bound to-           AIDWYC at the hearing of the Appeal. In addition, given
gether” so that it was not possible to distinguish between       the importance of the witness immunity issue, counsel
a claim for negligent investigation and a claim for negli-       on behalf of the Ministry of the Attorney General inter-
gent testimony. Justice O’Driscoll relied primarily on two       vened on that issue. As a result of AIDWYC’s involvement,
authorities for this decision. In Evans v London Hospital        as well as ongoing interest in a number of cases involving
[1981] 1 All E.R. 715, the English Queens Bench had struck       Dr. Smith, the argument in the Court of Appeal received a
a very similar claim against hospital pathologists. In Elliott   large amount of publicity.
v Insurance Crime Prevention Bureau [2005] N.S.J. No.                The decision of the Court of Appeal was released on
323, the Nova Scotia Court of Appeal had dismissed claims        March 14, 2007. The Court allowed the appeal, for rea-
against an investigator and a fire marshal arising out of an     sons written by Borins, J.A. on behalf of a panel consisting
arson investigation. Accordingly, the Divisional Court           of himself, and Justices MacPherson and Juriansz. Justice
struck Louise’s claims against Dr. Smith.                        Borins saw the appeal in fairly narrow terms as involving, at
    In dissent, Justice Janet Wilson, characterized the claim    essence, a question of the appropriate limits of the Court’s
much differently than had the majority, concluding that the      jurisdiction under Rule 21. He accepted that the essence of
allegations against Dr. Smith were that he had negligently       Louise Reynolds’ claims against Dr. Smith was in respect to
preformed the initial autopsy in bad faith, with a view to       his role as a public official investigating a suspicious death
securing a conviction, and had engaged in misfeasance in         under the Coroner’s Act, and not his role in testifying in a
public office. She concluded the law in this area was un-        criminal prosecution.
settled and evolving, and was driven by the particular facts         Based on this critical finding, Justice Borins concluded
of individual cases. Therefore, she concluded that whether       that:
witness immunity applied to the case required a full factual     • the case should be allowed to proceed to trial to enable
record. As a result, she would have dismissed Dr. Smith’s            the Court to make a decision on Dr. Smith’s witness




38       the aidwyc journal – fall 2007
                                                                 a CasE fOR fuTuRE REfORMs?
                                                                     The Ontario Court of Appeal has not conclusively ruled
                                                                 on the witness immunity defence. However, the Court has
    immunity claim, which he had the burden of establish-        made it clear that the Reynolds’ case is about Dr. Smith’s
    ing on the basis of a complete factual record;               conduct, not his testimony, and it emphasized his burden
• that the Statement of Claim disclosed a reasonable             to prove the witness immunity claim to a Court’s satisfac-
    cause of action with respect to the torts of negligence      tion at trial. This was indeed an important milestone in
    and misfeasance in public office (he described it as out-    the case.
    lined with “exceptional particularity”). There was no            Just as in politics, sometimes in law, timing is every-
    radical defect in the pleading of the elements of either     thing. On April 19, 2007, shortly after the decision of
    tort; and                                                    the Court of Appeal was released, the Office of the Chief
• the amendment of the Statement of Claim to plead               Coroner announced the long-awaited results of its review
    misfeasance of public office was proper and that claim       of criminally suspicious and homicide cases where Dr.
    should not be struck at this stage either.                   Charles Smith conducted autopsies and provided opin-
    In Supplementary Reasons for Decision delivered in           ions. Within a few days of that announcement, the Province
May 2007, the Court ordered Dr. Smith to pay the Plaintiff’s     of Ontario called a public inquiry to review the oversight
costs of the proceedings before the Divisional Court             of Ontario’s paediatric forensic pathology system. While
and Court of Appeal, fixed in the amount of $44,000.             Louise Reynolds’ civil action will proceed, the issues raised
According to the costs endorsement of the Court:                 by her case and others will now allow the province – we
    “Ms. Reynolds has struggled for five years to win the        hope – to make reforms to ensure that this kind of personal
right to proceed to trial. Dr. Smith has vigorously opposed      tragedy never reoccurs.
her right to trial at every step of the way. She was forced to       Again, our gratitude to AIDWYC for its assistance in
come to this Court simply to have her right to trial con-        Louise’s long fight for justice. u
firmed … we see no reason in principle why Ms. Reynolds
should not be paid her hard won costs now.”



      You are cordially invited
      to attend AIDWYC’s Annual General Meeting
      Friends House (Meeting Room),
      60 Lowther Avenue, Toronto, Ontario
      11:00 am, saturday december 1, 2007
           } AIDWYC Co-Presidents Report, Treasurer’s Report, appoint Auditors
           } Membership to elect members of the Board of Directors,
             replace Directors who are retiring or who have completed their term of office.
           } Other business as may be necessary or desirable.
      Following the business meeting, case updates will be provided in a brief address.
      celebration for steven truscott. A light lunch will be served following the meeting.
      Please RsVP 416-504-7500




                                                                                        the aidwyc journal – fall 2007   3
u article


Post-conviction review: student perception
by Kimberley A. Clow, PhD and James G. Bell                                         viction. Compounding these difficulties is the fact that the
                                                                                    applicant must ask the Department of Justice to review the



A             dvocates for the wrongly convicted have criticized conviction won by their provincial counterparts; a situa-
              numerous aspects of the criminal justice sys- tion that strikes many as a conflict of interest.
              tem’s procedure for reviewing alleged claims of                            We wanted to know what university students thought
wrongful conviction (Applications for Ministerial Review; about these issues, and others, surrounding the post-con-
Section 696.1-696.6 of the Criminal Code). For example, viction review process.
it is an onerous, and often unrealistic, task for incarcer-                              Three hundred and sixty-nine undergraduate stu-
ated individuals to produce transcripts of all court pro- dents (231 female and 138 male) from a small Canadian
ceedings and to discover “new and significant evidence” in university volunteered to participate in the study. Of these
their cases in order to be eligible for a review of their con- students, 47.2% (n = 174) were criminal justice majors,
                                                                                                        whereas 52.8% (n = 151) were not.
                                                                                                        Participant ages ranged from 18 to 47
student attitudes towards post-conviction review                                                        (M = 21.54).
                                                                                                            The data comes from a larger web-
                                                                                                        based survey of student attitudes and
                                                                                                        opinions about wrongful conviction.
                                                                                                        For each question, participants were
                                                                                                        asked to indicate the number that best
                                                                                                        represented how they felt about each
 Mean Responses




                                                                                                        item, where 1 = “strongly disagree”, 2
                                                                                                        = “disagree”, 3 = “neither disagree nor
                                                                                                        agree”, 4 = “agree”, and 5 = “strongly
                                                                                                        agree”. Within this survey, eight items
                                                                                                        were related to the current study.
                                                                                                            To assess participant attitudes,
                                                                                                        we conducted a 2 (program of study:
                                                                                                        criminal justice vs. non-criminal jus-
                                                                                                        tice) x 2 (gender: female vs. male)
                                                                                                        between-participants       multivariate
q1 I believe that the canadian criminal Justice system wants to avoid taking responsibility for
     wrongful convictions.                                                                              ANOVA on the eight relevant survey
q2 wrongful convictions are a problem in the canadian criminal Justice system.                          questions. Both program of study and
q3 A wrongful conviction case should only be reviewed if new and relevant evidence arises.
q4 those who claim to have been wrongfully convicted and wish to apply for a review of their
                                                                                                        gender significantly affected students’
     conviction should be appointed a lawyer to assist them.                                            responses.
q5 I believe that an individual should be personally responsible for acquiring and paying for copies of     First of all, the university stu-
     all required transcripts and trial documents in order to apply for a review of their conviction.
q6 wrongful conviction applicants need an impartial, non-government, third-party to review their        dents polled believed that wrongful
     cases.                                                                                             convictions are a serious problem in
q7 I believe the government is capable of reviewing wrongful conviction cases in a non-biased way.      the Canadian criminal justice system.
q8 dNA testing should be provided, free of charge, to anyone who claims to have been wrongfully
     convicted if it has the potential to reveal that they are innocent.                                Students majoring in criminal jus-




0                the aidwyc journal – fall 2007
                                                                ent, non-government third party, women thought this was
                                                                more essential than did men.
                                                                     Based on these findings, it appears that the university
tice were more concerned about wrongful conviction than         students questioned for this study (especially women and
students in other majors, but the majority of all students      criminal justice majors) would support efforts to imple-
considered wrongful conviction to be an important issue         ment a non-government, independent review board to in-
affecting the criminal justice system.                          vestigate and review alleged claims of wrongful conviction.
    Although these university students were most likely un-     Even without knowing the details involved in reviewing
aware of the actual procedure for applying for a review of      claims of wrongful conviction, these students understand
a conviction, we wanted to present students with certain        the conflict of interest inherent in a government reviewing
aspects of the current procedure (e.g., evidentiary bu-         its own mistakes.
rden) and certain suggestions for improvement (e.g., an              If these students were aware of how much time and
independent review board) to see how students felt about        money an individual had to expend in order to produce
these discrete aspects of the review process. As students are   copies of all related court proceedings, of the fact that many
a large part of the current and future voting pool, under-      individuals rely on volunteers from organizations like
standing their opinions may assist in pushing for change.       AIDWYC to discover new and significant evidence, that only
    Students responded neutrally (neither agreeing nor dis-     some provinces provide legal aid to applicants and then
agreeing) when asked if wrongful conviction cases should        only if new and significant evidence exists, and of instan-
only be reviewed if new and significant evidence arises. In     ces where DNA evidence was available but not tested or not
other words, they did not necessarily agree with the current    tested quickly enough, these students would likely be hor-
practice, but they did not disagree with it either.             rified. Perhaps with further education on wrongful con-
    Students did display particular preferences in regard to    viction these students might move from simply disagreeing
other aspects of the process. For instance, students gener-     with current practices to actually trying to do something to
ally disagreed that the individual applying for a review of     assist in changing them. u
their conviction should be personally responsible for pro-                (These findings were presented in February 2007 at an academic
ducing copies of all court proceedings and they generally          conference held by the Institute of Justice and International Studies at the
agreed that anyone applying for review should have a lawyer                                               Central Missouri State University.)
appointed to assist them. Interestingly, students believed
that DNA testing should be provided free of charge to any-
one claiming to be wrongly convicted, if that DNA had the       James G. Bell is a student in the Faculty
potential to exonerate them.                                    of Criminology, Justice & Policy Studies at the
    When we asked students if they thought the government       University of Ontario Institute of Technology.
could review claims of wrongful conviction in a non-biased      His interests include wrongful conviction,
manner, the students disagreed. Women disagreed more            criminal justice reform, and prison culture.
strongly than men, criminal justice majors disagreed more
than non-criminal justice majors, and women enrolled in         Kimberley A. Clow is an Assistant
a criminal justice major disagreed most of all. This dis-       Professor in the Faculty of Criminology, Justice
agreement seems to be driven by the fact that women and         & Policy Studies at the University of Ontario
criminal justice majors believe that the Canadian crim-         Institute of Technology. She received her PhD
inal justice system wants to avoid taking responsibility for    in Psychology from the University of Western
wrongful conviction. Although all students agreed that          Ontario. Her current research interests include
wrongful convictions should be reviewed by an independ-         social group discrimination and wrongful conviction.



                                                                                              the aidwyc journal – fall 2007           1
u article


‘Heads in the sand’ in Newfoundland
By Ron Dalton                                                          The spectre of judicial minions run amok is not new.
                                                                   In Roman times, citizens wondered how they could guard



I     n what can only be viewed as a blatant example of the
      very “crown culture” that Commissioner Antonio
      Lamer described in his report on the Public Inquiry
into wrongful convictions in Newfoundland and Labrador,
the province has appointed a crown attorney to conduct an
                                                                   themselves against those they set to guard their society. We,
                                                                   too, must find better methods to reign in those who have
                                                                   been given prosecutorial power. Sadly, in Newfoundland,
                                                                   Commissioner Lamer found the balance of power has
                                                                   shifted away from the interests of justice. It is difficult to
internal review of the provincial government’s prosecu-            imagine how an internal review, conducted by a crown
tion service. A year ago, the province                             attorney, can help to correct this imbalance. In fact, the
vowed to follow all of Commissioner                                internal review will only serve to detract from the in-
Lamer’s recommendations, which                                     dependent work of Mr. Justice Marshall.
included an independent review of                                      For those of us who have lived the nightmare wrought
its troubled prosecution service. In                               by the identified “crown culture,” it is especially galling to
fact, the province commissioned re-                                see the government formalize a business-as-usual approach
tired Supreme Court Justice William                                to such a seriously flawed system. The ostrich-like position
Marshall to do just that. However, a Ron dalton                    of the government belies its stated objective of implement-
year later the provincial government                               ing meaningful change. Inevitably, such an oblivious atti-
has now opted to subvert Justice Marshall’s investigation          tude creates the very conditions in which the fatally flawed
with an internal probe. Given the horrendous track rec-            crown culture identified by Commissioner Lamer can con-
ord of the province’s prosecution service, such an internal        tinue to flourish to our collective detriment. u
review will only serve to weaken public confidence in the                             (See also the Ron Dalton Case Update on page 17.)
administration of justice in Newfoundland.

                                                                              For those of us
    Sadly, the government defends its backwater approach,
and appears oblivious to the practical and perceptual prob-
lems associated with its decision. Commissioner Lamer                    who have lived the
found the prevalent “crown culture” contributed signifi-
                                                                      nightmare wrought by
                                                                       the identified “crown
cantly to the failures of the justice system he was asked to
review. How then can the government reasonably expect
an internal review (to be completed prior to Mr. Justice            culture,” it is especially
Marshall’s independent review) will do anything but cloud
                                                                           galling to see the
                                                                      government formalize
the already murky waters in which the Justice Department
currently flounders? The citizens of this province deserve
better, especially given the numerous tragic mistakes we                 a business-as-usual
have endured. We have not forgotten the horrors of Mount
                                                                         approach to such a
                                                                    seriously flawed system.
Cashel, or the lives ruined in the wake of several wrong-
ful convictions in this province. In each of those instances
crown attorneys failed to protect the innocent and allowed
their allegiance to shift from the interests of justice to those
of a corrupt crown culture.




2       the aidwyc journal – fall 2007
u book review


The last of Canada’s 700 executions
The last to die – Ronald Turpin,         and newspapers including MacLean’s,       Hopefully the other 698 had
arthur lucas and the end of Capital      the Globe and Mail, the Toronto       fairer trials than Turpin and Lucas
Punishment in Canada                     Star, and La Presse.                  before being hung.
By robert Hoshowsky, the dundurn             Hoshowsky says in an intro-           What chance did Turpin have suc-
Group, toronto, $24.99                   duction that one of the reasons he    cessfully arguing self-defence based
                                         wrote The Last to Die is “to pre-     on his evidence that Nash struck him
Reviewed by Harold Levy                  vent Canadians from forgetting that   with his revolver after the trial judge,
                                         Canada once had the death penalty     Justice George Gale, told the jury



D          uring the early hours of
           February 12, 1962, I joined
           other students in a vigil
outside the Don Jail to protest the
back-to-back executions of Ronald
                                         and put more than 700 men and
                                         women to death between the time of
                                         Confederation in 1867 and 1962.”
                                                                               that they were entitled to consider
                                                                               Turpin’s “previous criminal and anti-
                                                                               social activities” to determine if he
                                                                                                         was the type
                                                                                                         of person
Turpin and Arthur Lucas.                                                                                 likely to shoot
    We were strenuously opposed to                                                                       a police offi-
the death penalty and troubled by the                                                                    cer?
ugly clouds hovering over both pros-                                                                         The
ecutions.                                                                                                Supreme
    We had no idea at the time that                                                                      Court of
Turpin and Lucas would be the last                                                                       Canada also
two men to be executed in Canada –                                                                       had no prob-
or that Lucas had almost been decapi-                                                                    lems with the
tated during the bungled execution.                                                                      fact that Gale
(For some reason the authorities                                                                         permitted the
never told us that!)                                                                                     jury to hear
    Turpin was a small time hood who                                                                     evidence that
was convicted of first-degree murder                                                                     Nash was a
of Toronto police officer Frederick                                                                      man of good
Nash during a traffic stop.                                                                              character
    Lucas, a black pimp from Detroit,                                                                    and unlikely
was sentenced to death for the brutal                                                                    to resort to
murders of Therland Crater, another                                                                      violence, as
American who was scheduled to be a                                                                       stated in court
witness in an up-coming American                                                                         by his former
drug trial, and Crater’s common-law                                                                      superior and
wife, Carolyn Newman, who un-                                                                            head of the
fortunately witnessed the murder.                                                                        morality div-
    Author Robert Hoshowsky has                                                                          ision.
been published in many magazines



                                                                                the aidwyc journal – fall 2007   3
u book review




we had no idea                                out of Toronto by morality offi-
                                              cers – stood in the way of an un-
                                                                                     riculums of high schools, universities
                                                                                     and law schools, and would make an
     at the time                              prejudiced verdict by the jury;        excellent eye-opening, provocative
     that turpin                          • Forensic evidence filed on appeal        gift to anyone born after memories

       and lucas                              which suggested someone with a
                                              different blood type was the killer;
                                                                                     of the Turpin and Lucas cases began
                                                                                     fading away.
  would be the                            • Suspicion that police had tested             The Last to Die can be purchased
   last two men                               a human hair found underneath          at Amazon.com. u

to be executed                                Newman’s fingernails without
                                              making disclosure of the results to
 in canada – or                               the defence;                           Harold Levy
that lucas had                            • What Hoshowsky calls “the curi-          has fought against

    almost been                               ous absence” of Lucas’s finger-
                                              prints in evidence.
                                                                                     injustice both as a
                                                                                     criminal lawyer and
    decapitated                               Hoshowsky performs a valuable          an editorial writer
      during the                          public service in his well-researched      and reporter for the

         bungled                          book by exposing the danger and re-
                                          silience of capital punishment which
                                                                                     Toronto Star. He
                                                                                     was AIDWYC’s first
      execution.                          goes under the surface from time to        Journal editor, the founder of the Criminal
                                          time but never seems to completely         Lawyer’s Association Newsletter and Canadian
    What chance did Lucas have …          disappear.                                 Lawyer Magazine. as well as having written
poor Lucas who never ceased pro-              One paragraph makes the point          extensively on the death of Dudley George.
testing his innocence until he could      elegantly; “Long after the hangings        Harold believes that exposing miscarriages of
speak no more because the state had       of Ronald Turpin and Arthur Lucas          justice is a core responsibility of the media and
cut most of his head off?                 at the Don Jail, Sheriff Ambrose told      one of the noblest pursuits open to journalists.
    Lucas’s grounds of appeal fell on     reporters he would never throw away
deaf ears even though they included:      the hangman’s name and contact in-
• Tainted evidence by an admitted         formation, just in case. “Politicians
    perjurer whose testimony was the      being what they are, you never know
    sole source of information about      if they’ll bring it back again.”
    Lucas’s dealings in the drug trade;       Hoshowsky also performs a valu-
• The same witness positively iden-       able service by refusing to allow
    tified a revolver found on the        Turpin and Lucas to remain “virtual
    Burlington Skyway as belonging to     unknowns.” Almost 50 years later,
    Lucas;                                the stench of injustice still hangs over
• Damning evidence about his              their deaths.
    criminal background – including           The Last to Die is a major con-
    the fact that his wife was a harlot   tribution to Canadian true crime
    and that the pair had been kicked     literature which belongs in the cur-




       the aidwyc journal – fall 2007
u aidwyc agm 2006


Admiration and respect for aidwyc
By Julien LeBourdais                      VICTIM’s faMIlY sPEaK OuT
                                              “Thank God for AIDWYC.” That



I    have attended the last three
     AIDWYC annual meetings in
     Toronto and I have always come
away with the same feelings – tre-
mendous admiration and respect.
                                          was how Marie Coffin Stewart began
                                          her speech, perhaps the highlight of
                                          the day. Marie’s brother Wilbert had
                                          been hanged in 1956 after being con-
                                          victed in the murder of an American
Admiration for the perseverance and hunter in rural Quebec. When my
wonderfully high spirits of the victims mother Isabel LeBourdais’ book The
of wrongful convictions, and respect      Trial of Steven Tuscott was published
for the AIDWYC lawyers, staff and vol- in 1966, comparisons were made with        Marie Coffin stewart
unteers who work so hard to right the the Coffin case. Like Steve, Coffin
wrongs in our justice system.             had always maintained his innocence.    reminded me of the forgotten vic-
    And this year was no exception.       Jacques Hebert wrote a book defend-     tims of wrongful convictions – fam-
                                                               ing his case but   ily members. Fifty years ago, a young
                                                               to no avail.       boy lost his father; a woman lost her
                                                                   Almost 50      brother.
                                                               years later,           Saying she was “mad as hell” and
                                                               AIDWYC an-         imploring us to “come out of your
                                                               nounced its        comfort zone,” the always passionate
                                                               plans to look      and totally committed Win Wahrer
                                                               into the case.     urged us all to step up our efforts
                                                               Marie, who came    on behalf of the wrongly convicted
                                                               with Wilbert’s     – efforts with which AIDWYC helped
                                                               son Jim, spoke     free all these men who were at the
                                                               quite eloquently   event: Randy Druken, Ron Dalton,
                                                               about the effect   William Mullins Johnson, Romeo
                                                               her brother’s      Phillion and Gary Cuomo.
                                                               conviction and         AIDWYC did not, however, for-
                                                               subsequent exe-    get the dedicated service of some
                                                               cution had on      of its members. Peter Meier, past
                                                               their family.      President gave a farewell tribute to
                                                               They were two      former AIDWYC co-president Mel
                                                               of 11 children     Green who left his position after he
                                                               for whom “the      was appointed to the Ontario bench
                                                               laughter and fun   this past year. An active member of
                                                               ended” in 1956.    AIDWYC since 1997, Mel was involved
                                                                   Meeting        in many high profile cases, including
dave Morin sings an original song about Wilbert Coffin.        Marie and Jim                      • Continued next page



                                                                                   the aidwyc journal – fall 2007   
left to right: jimmy Coffin, Romeo Phillion, Bill Mullins-johnson, Gary Comeau, Marie Coffin stewart, Randy druken, Ron
dalton, Win Wahrer.


• Continued from page 45                  •   James Lockyer gave us an over-        tional.” She also thanked AIDWYC’s
Guy Paul Morin’s. His photo will be           view of several Canadian cases        major funders that include the Law
added to the AIDWYC Wall of Fame.             including the Driskell inquiry        Foundation of Ontario, Criminal
Co-president Paul Copeland also               and the cases of Billy Mullins        Lawyers Association, Pro Bono Law
made a presentation to Al Libman              Johnson, Romeo Phillion, Robert       Ontario, Trillium foundation as well
thanking him for all his efforts, as he       Baltovich, Kyle Unger, and Gary       as anonymous financial and in-kind
has handled many cases for AIDWYC             Cuomo; and                            donors, including Doug Brown, HDS
in Western Canada.                        •   Jerome Kennedy, from                  Retail and others.
                                              Newfoundland, was especially              AIDWYC’s Strategic Plan and vari-
CasE uPdaTEs                                  passionate talking about “crown       ous other official business matters
   Several AIDWYC lawyers, directors          culture” – over zealous crown at-     were also discussed, with Treasurer
and regional representatives also up-         torneys with tunnel vision.           Frank Jacobs stating that AIDWYC is
dated us on various ongoing cases:                                                  in “relatively good shape” financially
• Phil Campbell talked about the          aIdWYC BusInEss                           and that “funding is secure for the
   Steven Truscott case and the oral          AIDWYC co-president Elizabeth         next year.”
   arguments before the Ontario           Widner introduced Tanya Gerber,               After an informative and inspired
   Appellate Court scheduled for          who had been recently appointed           day, the meeting ended with a live
   January 2007;                          as AIDWYC’s Director, Finance and         performance by singer/songwriter
• Lon Rose summarized inter-              Operations (since named Executive         Dave Morin, a Coffin relative who
   national cases and talked about        Director). Tanya acknowledged all         performed a song he composed about
   the massive backlog in the U.S.;       those who had traveled from across        Wilbert. We then enjoyed a wonder-
• Joanne McLean brought us up to          the country to attend the meeting,        ful lunch served by Jennifer Barratt,
   date on the Milgaard inquiry;          making the association “truly na-         Win’s daughter. u




6       the aidwyc journal – fall 2007
                                              Volunteers who supported this issue        International supporters
                                              elizabeth Hanly                            Myron Beldock, stephen Bright, prof.
                                                                                         leon Friedman, Fred Hogan, Alastair
                                              honourary President
                                                                                         logan, Anne Maguire, lawrence Marshall
                                              the Honourable Gregory t. evans Q.c.
Editor-in-Chief tanya Gerber
                                                                                         aIdWYC office
(further assistance required)                 Co-Presidents
                                                                                         85 King street, #318
Managing Editor win wahrer                    paul copeland, elisabeth widner
                                                                                         toronto, ontario M5c 1G3
Associate editors: Fiorella Grossi, Melanie
                                              staff                                      client/case-related: 416-504-7500
rose, (further assistance required)
                                              tanya Gerber, executive director,          operations: 416-504-2274
designer Art Kilgour, writedesign.ca
                                              win wahrer, director of client services
advertising sales volunteer position
                                                                                         The AIDWYC Journal is published and
(to be filled)                                aIdWYC directors
                                                                                         distributed by The Association in Defence of
Art director: volunteer position (to be       david Bayliss, paul Bennett, daniel
                                                                                         the Wrongly Convicted. Made possible by the
filled)                                       J. Brodsky, Marlys edwardh, Jonathan
                                                                                         generous support of the Jur-Ed Foundation
                                              Freedman, Brian Greenspan, Frank Jacobs,
Contributors                                                                             (Reg. No. 11924 0075 RR0001), a charitable
                                              James lockyer, Joanne Mclean, scott
James G. Bell, Kelly Bently, Kimberley                                                   organization supporting wrongful conviction
                                              McMaster, peter Meier, lon rose, edward
A. clow, paul copeland, Anthony doran,                                                   education initiatives of AIDWYC. We welcome
                                              sapiano. Andras schreck, Gus sinclair,
tanya Gerber, Julien leBourdais, Harold                                                  submissions, however, publication is based on
                                              louis sokolov, cindy wasser
levy, Bill Mullins-Johnson, Bibi sangha,                                                 relevance, length and balance.
win wahrer, peter wardle, elisabeth           aIdWYC Regional Representatives            Inquiries about content, subscription or
widner                                        Joyce Milgaard (Manitoba), Jerome          permission/reprint requests should be sent to
                                              Kennedy (Newfoundland)                     operations@aidwyc.org.
       We are proud to support AIDWYC



                              barristers
   Brian H. Greenspan · david M. Humphrey · sharon e. lavine
            peter w.s. copeland · seth p. weinstein
            robin K. McKechney · Jill d. Makepeace




Greenspan humphrey lavine
15 Bedford road, toronto, ontario M5r 2J7
tel.: 416-868-1775 Fax: 416-868-1990
ghl@15bedford.com · www.15bedford.com

				
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