Miscarriage of Justice Act

 This morning (Wednesday 18 May) Bill C-40, the Miscarriage of Justice Act known as David and Joyce Milgaard’s  Law; came into force. It makes drastic change to the Criminal Code and creates a new tribunal or commission to address all claims of wrongful conviction. It eliminates our present Ministerial Review process that has for more than 100 years been the only resort for the wrongly convicted.

Tomorrow morning at 10:00 a.m., Minister Arif Virani and Susan Milgaard, David’s sister, will be holding a press conference at the Innocence Canada’s offices at 106 Front Street East, Suite 301, in Toronto. James Lockyer of Innocence Canada will also be in attendance.

The press conference will explain and celebrate this important legislation which is wonderful news for the wrongly convicted. Innocence Canada have been advocating for the creation of a new commission for 31 years and we are delighted that Minister Virani and his predecessor, David Lametti, guided this legislation through Parliament.

It’s a bittersweet day for Susan Milgaard. Her brother and her mother, who fought so hard for this law, are no longer with us. But Susan is delighted that the law is named after David and Joyce.

Susan Milgaard said today:

“My mother and my brother will be looking down on us and celebrating this new law. I am very grateful it is named after them. They did so much to get this law passed because they were dedicated to the cause of all the innocent people in prison who had no good place to seek justice. Now they will have a place to go.”

James Lockyer said:

“Today is a great day for all those wrongly convicted. Innocence Canada has been advocating for this law for more than 30 years. It will bring Canada in line with other countries that already have a similar commission and be a sea change for the wrongly convicted and the Canadian criminal justice system.”

Members of the media are asked to contact the Department of Justice’s Media Relations at media@justice.gc.ca to receive event location details and confirm their attendance. Media representatives are asked to arrive 15 minutes before the start of the press conference.

 

For further information, please contact:

James Lockyer at 416-613-0416 or jwilockyer@yahoo.ca

Stephanie Nowak at 416-504-7500 x 100 or snowak@innocencecanada.com

Issued by
STEPHEN WEIR
Stephen Weir & Associates | stephen@stephenweir.com 

AIDWYC notes the death of Terry Swinton

 

Innocence Canada acknowledges the death of Terry Swinton 

Innocence Canada wishes to acknowledge the recent passing of Terry Swinton and celebrate his contribution to the innocence movement in Canada.  Many Canadians will remember Terry as one of the “The Canadians” who played a pivotal role in freeing Rubin “Hurricane” Carter.  Terry would go on to help form the Association in Defence of the Wrongly Convicted (AIDWYC) later to be renamed Innocence Canada.  He and his friends Sam Chaiton, and Lindy Green contributed generously to the ongoing fight for justice for wrongly convicted individuals in our country.  Terry was justly proud of his support of social justice organizations and Innocence Canada gratefully acknowledges being a recipient of that support.

Terry and Sam enjoyed a lifelong friendship from which we at Innocence Canada benefited from on a practical financial bias and inspirationally.  As we continue to work towards freeing innocent individuals, we are ever mindful of the seeds of justice sown by Terry, Sam, and Lindy. The greatest tribute we can pay to Terry’s memory is to carry on the fight for justice he helped start.  He was known to say the fight is long but winnable and we accept his challenge to continue that journey.

 

“Thank you, Terry, for a life well lived, we will do our best to live up to your example.” – Innocence Canada

Issued on behalf of Innocence Canada

BRIEF NEWS CLIP FROM SWEIR RE: INNOCENCE 40 YEARS AFTER MURDER CONVICTION

Breaking news from Innocence Canada.

JAN 4, 2024 This afternoon Robert (Bobby) Mailman and Walter (Wally) Gillespie were acquitted by Chief Justice Tracey DeWare of the King’s Bench Court in Saint John, New Brunswick, 40 years after they were wrongly convicted in the murder of George Leeman
 

Murder convictions of Robert Mailman and Walter Gillespie quashed

Justice Minister Quashes Murder Convictions of Two New Brunswick Men Convicted of a Murder 40 Years Ago

Innocence Canada is announcing that this afternoon, Justice Minister Arif Virani quashed the murder convictions of Robert (Bobby) Mailman and Walter (Wally) Gillespie 40 years after they were charged and convicted in the murder of George Leeman in Saint John, New Brunswick.

On November 30, 1983, Mr. Leeman’s body was found by a jogger in a wooded area in Rockwood Park, Saint John. Mr. Leeman was the victim of a significant beating by one or more weapons and his body was partially burned. Mr. Leeman was living in Saint John in a rooming house when he was murdered.

Between January 19 and 21, 1984, the Saint John Police Service charged Wally Gillespie and Bobby Mailman with the murder. They also charged a third person, Janet Shatford, with the murder. Ms. Shatford subsequently pleaded guilty to manslaughter.

Mr. Gillespie and Mr. Mailman both had strong alibis with multiple witnesses placing them far from the crime scene on the day of the murder. Nevertheless, they were convicted of the murder on May 11, 1984. Both were sentenced to life imprisonment without parole eligibility for at least 18 years. Not for one day have they wavered in insisting on their innocence.

Mr. Gillespie served 21 years of his life sentence in prison and is presently living in a halfway house in Saint John. He is now 81 years of age. Mr. Mailman who served 18 years in prison, sadly, is terminally ill. He is 76 years of age. He also lives in Saint John.

Innocence Canada has worked on their case for many years. We worked alongside Gary Dimmock, formerly a journalist with the Saint John Telegraph-Journal, now with the Ottawa Citizen. Mr. Dimmock investigated the case before Innocence Canada came to it and always believed in Mr. Mailman and Mr. Gillespie’s innocence. He deserves great credit for his work on their case.

Innocence Canada is grateful to Minister Virani for realizing the urgency of the case and giving his decision today to quash the convictions of both men and directing a new trial. We hope Mr. Mailman will be able to appear in the King’s Bench in Saint John in the near future as a result of the Minister’s Order.

Jerome Kennedy of Innocence Canada said today:

“I want to thank Minister Virani for his decision today. It is welcome news for both Mr. Mailman and Mr. Gillespie. Both are in their senior years and Mr. Mailman is gravely ill. This is the best news they could have, and Innocence Canada is privileged to have been helping them.”

James Lockyer of Innocence Canada said today:

“Minister Virani has stepped forward for Mr. Mailman and Mr. Gillespie. The causes behind their wrongful convictions can be left to another day. Today is one of celebration for them.”

Ron Dalton, co-President of Innocence Canada, said:

“I spent 9 years in prison for a murder that I did not commit and much of that time I spent with Bobby Mailman and Wally Gillespie in a maximum-security penitentiary. They never gave up hope that one day justice would be done for them. Today is that day and I congratulate them on their perseverance and courage.”

Bobby Mailman and Wally Gillespie issued a joint statement today:

“It has taken 40 years. Today we are happy that justice is being done for us. Neither of us had anything to do with Mr. Leeman’s murder. We have always been innocent and we thank the Minister for what he has done.”

As a final note, the Minister’s powers to review wrongful convictions are set out in the Criminal Code of Canada. His greatest power is to quash a wrongful conviction and direct a new trial. It is a power rarely exercised but it is what he has done today for Mr. Mailman and Mr. Gillespie. The case is now in the hands of the original trial court, the Court of King’s Bench in Saint John.

For further information, contact:

Jerome Kennedy at 709-725-2966 or jkennedy@wrmmlaw.com

James Lockyer at 416-518-7983 or jlockyer@lzzdefence.ca

Ron Dalton at 709-327-6864 or rcdalton34@gmail.com 

BAIL HEARING TOMORROW FOR WOODHOUSE

 Indigenous Man Returns to the Court in Winnipeg where He was Convicted 50 Years Ago

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More than 49 years ago on March 5, 1974, Clarence Woodhouse, a young Indigenous man, and a member of the Pinaymootang First Nation on the Fairford Indian Reserve in Manitoba, was convicted of the murder of Mr. Ting Fong Chan in Winnipeg, a crime he did not commit.

 

On July 18 of this year, two of Mr. Woodhouse’s former co-accused were vindicated in the King’s Bench Court by Chief Justice Joyal in Winnipeg. A fourth accused, Clarence’s brother Russell Woodhouse, sadly died in 2011 before he could be vindicated.

 

On September 13, 2023, Innocence Canada filed an application with Federal Justice Minister Arif Virani for a ministerial review of Clarence Woodhouse’s conviction pursuant to the provisions of the Criminal Code.  We also filed a posthumous application on Russell Woodhouse’s behalf with the support of his surviving sister, Linda Anderson.

 

Clarence Woodhouse, now in his early 70s, has always proclaimed his innocence but no one listened to him.  The prosecution’s case at his trial in 1974 depended on a “confession” that he was supposed to have made in fluent English despite Saulteaux being the language he spoke. Mr Woodhouse testified that he was assaulted by members of the Winnipeg Police into signing a false confession, but the trial judge and the jury disbelieved him.  Innocence Canada has now adopted his case and brought it before the Justice Minister urging him to quash his conviction.

 

Monday, October 23, 2023, will be the next step on Clarence Woodhouse’s road to vindication.  He will appear at 2:00 p.m. before the King’s Bench Court at 408 York Avenue, Winnipeg asking that he be released on bail pending the Minister’s decision. 

 

Jerome Kennedy, a Director of Innocence Canada, who has led the case for Mr. Woodhouse’s vindication, said today:

 

“49 years has been an interminable wait for Clarence Woodhouse, but he never gave up.  Tomorrow will be an extraordinary day for him, to be back in the very same court where he was wrongly convicted.”

 

James Lockyer, also a Director of Innocence Canada, who is assisting Mr. Kennedy with the case, said today:

 

“Innocence Canada is privileged to be able to help Mr. Woodhouse and we will be there for him at his release hearing.”

 

For further information, contact:  

 

Jerome Kennedy at 709-725-2966 or jkennedy@wrmmlaw.com

James Lockyer at 416-518-7983 or jlockyer@lzzdefence.ca

 

RELEASED ISSUED FOR INNOCENCE CANADA RE: ANDERSON AND WOODHOUSE

 

Press Release:  

Innocence Canada

Monday, July 17, 2023 

 

Two Indigenous Men Return to Court in Winnipeg where They were Convicted 50 Years Ago

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Brian Anderson and Allan Woodhouse, two young Indigenous men, members of the Pinaymootang First Nation on the Fairford Indian Reserve in Manitoba, were convicted of a murder they didn’t commit 50 years ago.

 

On June 22, 2023, Justice Minister David Lametti quashed their murder convictions and ordered new trials for them both.  Tomorrow, Tuesday, July 18, 2023, they return to the Court of King’s Bench in Winnipeg for the first time since they were wrongly convicted to appear before the Chief Justice of the Court for their new trials.

 

Mr. Anderson and Mr. Woodhouse, both now in their late 60s, have always proclaimed their innocence but no one listened to them.  Several years ago, Innocence Canada adopted their cases and brought them before the Justice Minister urging him to quash their convictions.

 

Tomorrow will be the next step on their road to vindication.  They will appear before Chief Justice Glenn Joyal at 10:00 a.m. in the King’s Bench Court at 408 York Avenue, Winnipeg. 

 

Jerome Kennedy, a Director of Innocence Canada, who has led the case for their vindication, said today:

 

“50 years has been an interminable wait for Brian Anderson and Allan Woodhouse but they never gave up.  Tomorrow will be an extraordinary day for them, to be back in the very same court whether they were wrongly convicted.”

 

Brian Anderson and Allan Woodhouse, who assisted Mr. Kennedy with the case, said today:

 

“Innocence Canada is privileged to have been able to help these two men and we will be there with them tomorrow.”

 

For further information, contact:  

 

Jerome Kennedy at 709-725-2966 or jkennedy@wrmmlaw.com

James Lockyer at 416-518-7983 or jlockyer@lzzdefence.ca

 

 

Judge to give Decision on Freedom for 2 Indigenous Sisters in Prison for more than 30 Years

Bail Decision to be made at 9:00 a.m., Monday, March 27 in Yorkton, Sask

Justice Layh of the Court of King's Bench in Yorkton, Saskatchewan will deliver his decision whether Odelia and Nerissa Quewezance, two Indigenous sisters who have been in prison for more than 30 years since Feb 25, 1993, should be released on bail while they wait for Minister Lametti’s decision in their case. 

 

In December, 2021, the sisters asked the Minister to review their convictions for 2^nd degree murder as miscarriages of justice. They are supported by Innocence Canada and many Indigenous activists’ groups and supporters across Canada. 

 

In June, 2022, the Minister advised that he believed there may have been a miscarriage of justice in their case. 

 

In the summer of 2022, Odelia and Nerissa filed an application in the King’s Bench Court for their release on bail pending the Minister’s decision. The application was heard by Justice Layh in November 2022, and again in January, 2023. 

 

On Monday, Justice Layh will deliver his decision in open court in Yorkton. Odelia and Nerissa will both be there, along with their families and supporters. 

 

Media can attend the court in person to hear Justice Layh’s decision.

 

 

INNOCENCE CANADA PRESS RELEASE‎ - February 16, 2023 - David and Joyce Milgaard’s Law

 

David and Joyce Milgaard’s Law

Minister of Justice Introduces Legislation to Establish an Independent Canadian Criminal Case Review Commission

 

David Milgaard

Innocence Canada is pleased with Justice Minister David Lametti’s announcement today of a new bill to establish an Independent Commission to review claims of innocence which has been named after Joyce and David Milgaard. 

 

We honour the memory of David and Joyce Milgaard (right) and all wrongly convicted individuals and their families.

We would like to also acknowledge the countless people starting with the Donald Marshall Jr. Commission of Inquiry, who have for over thirty years been advocating for an independent case review commission.  We are grateful to Justice Minister David Lametti for his dedication and commitment to making this important and vital new commission a reality.

 

We hope that the new proposed Criminal Code amendments will rectify the failures of the past and provide the wrongly convicted with the means to prove their innocence as expediently as possible.

 

Ron Dalton, Exoneree stated:

 

“This legislation would have been beneficial in the past, but we hope more importantly going forward, it will benefit those coming after us.”

For further information please contact James Lockyer, lawyer and Innocence Canada Director at 416-613-0416 or jlockyer@lzzdefence.ca

or

Ron Dalton, Exoneree and Co-President, Innocence Canada at 709-327-6864 or rcdalton@hotmail.ca  

issued by Stephen Weir

 

 

INNOCENCE CANADA MEDIA ALERT - RE QUEWEZANCE CASE

 MEDIA ALERT:  

 

ODELIA AND NERISSA QUEWEZANCE AFTER 30 YEARS OF INCARCERATION HAVE A BAIL HEARING SCHEDULED FOR JANUARY 17 – 18, 2023 AT THE YORKTON COURT OF KING’S BENCH in YORKTON, SASKATCHEWAN.

 

Innocence Canada supports the Quewezance sisters’ application for bail before the Yorkton Court of King’s Bench, in Yorkton Saskatchewan.

 

Odelia and Nerissa Quewezance were 21 and 19 years old at the time of the offence. In 1994 they were convicted of second-degree murder in the 1993 death of 70-year-old Anthony Dolff and sentenced to life imprisonment. Their 14-year-old cousin and co-accused accepted responsibility for the killing of Mr. Dolff. 

 

Innocence Canada is currently waiting for a decision on the ministerial review application (s.696.1 application) submitted on behalf of the Quewezance sisters to the Minister of Justice on December 21, 2021. As detailed in the application, Innocence Canada believes that the Quewezance sisters are the victims of a miscarriage of justice.

 

Innocence Canada co-founder, board member and lawyer James Lockyer is representing Odelia and Nerissa along with local Saskatchewan counsel and Jerome Kennedy of Innocence Canada.

The sisters also have the support of high-profile advocates who include the late David Milgaard, Senator Kim Pate, retired Justices Harry LaForme and Juanita Westmoreland-Traoré and Kim Beaudin from the Congress of Aboriginal Peoples.

 

Innocence Canada shares the news of David Milgaard’s untimely death

 

With profound sadness, Innocence Canada shares the news of David Milgaard’s untimely death. David died yesterday, May 15^th, 2022. He was 69 years old. 

Innocence Canada and Innocence movement advocates are stunned and heart-broken by David’s death. He was a part of the Innocence Canada family and more, an honoured and respected leader in the Innocence movement.  Ron Dalton, Innocence Canada Co-President and exoneree expresses, “his death is a tragic loss to the Canadian Innocence movement and a personal blow to many of us at Innocence Canada.”

David contributed decades of time and energy advocating and lobbying for a Canadian post-conviction review commission.  David was instrumental in the recent consultation process for the development of a Miscarriages of Justice Commission in Canada. 

David was an incredibly generous and sweet man who is remembered for turning his suffering into a lifetime of helping others.  Those of us who knew and loved him best are struggling with the profound loss we feel.  We will do our best to continue the work David and his mother began. 

Innocence Canada extends our deepest and heartfelt condolences to David’s family, friends and legions of supporters across Canada and the world.

Justice Minister David Lametti names two judges to help structure a wrongful convictions review body

 Innocence Canada Endorses Leadership Choice

For immediate release

1 April 2021

Toronto: The appointment of two prominent retired judges to help structure a wrongful convictions review body represents an important step forward on a historic project, Innocence Canada said today.

Innocence Canada co-presidents Ron Dalton and Kirk Makin applauded the appointment of Justices Harry Laforme and Juanita Westmoreland-Traoré to fulfill this important role, saying it ensures a sound set of recommendations for an independent review commission.

"As a renowned jurist with a broad knowledge of the law, Justice Laforme is an ideal choice," Mr. Makin said. "Being indigenous, he also brings keen insight into how the law is often prone to malfunction when it comes to defendants from marginalized groups."

“Justice Westmoreland-Traoré (pictured left) is an equally inspired choice. The first black judge in Quebec, her bilingual background and rich experience in academia and human rights are ideal credentials for the project she will now help lead.” Mr. Makin said.

"Justice Minister David Lametti announced the next step in the creation of the independent commission today, almost 18 months after his government said it intended to create such a body."

Advocates for the wrongly convicted have pushed for a properly-funded, independent commission for the past 25 years. A half-dozen inquiries into notorious miscarriages of justice have also strongly endorsed the idea.

Innocence Canada and a handful of university projects are currently the last hope for individuals convicted of serious crimes who continue to maintain their innocence. Working pro bono or historically under funded, these groups investigate claims of innocence and file detailed submissions in an attempt to persuade the Department of Justice to reopen these cases.

An independent commission - such as exist in a handful of jurisdictions including the United Kingdom - would have resources and police-like powers to investigate, search and compel witness testimony. It would afford a speedier route for defendants to obtain retrial or full exoneration.

"For more than a generation, the goal of creating an independent commission has been the Holy Grail of the innocence movement," Mr. Dalton said. "While we are concerned by how long it is taking to get this project going, we look forward to the prospect of all parties co-operating to create this vital institution."

 

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For further information, please contact:

 

Kerry Emmonds – Executive Director

Innocence Canada

kemmonds@innocencecanada.com

416-504-7500 ext. 101

Distributed on behalf of Innocence Canada By Stephen Weir