Innocence Canada Explained

Innocence Canada
Formation:1993
Type:Legal Association
Status:Active
Purpose:Advocate, Educator and Network
Headquarters:Toronto, Ontario
Region Served:Canada
Language:English
French
Budget:$500,000 to $600,000 annually
Formerly:Association in Defence of the Wrongly Convicted (AIDWYC)

Innocence Canada (formerly known as the Association in Defence of the Wrongly Convicted, or AIDWYC), is a Canadian legal non-profit organization. Based in Toronto, Innocence Canada identifies, advocates for, and helps exonerate wrongly convicted individuals. The organization is also dedicated to preventing future wrongful convictions through education and criminal justice reform. Since its founding in 1993, Innocence Canada has helped to exonerate twenty-nine individuals.

History

Innocence Canada was established in February 1993 as the Association in Defence of the Wrongly Convicted (AIDWYC).[1] The organization was founded as an outgrowth of the volunteer-run Justice for Guy Paul Morin Committee, which was formed following Guy Paul Morin’s wrongful conviction a year prior.[2] [3] Rubin "Hurricane" Carter, an exonoree who was incarcerated for nineteen years in New Jersey following his own wrongful conviction for murder, served as AIDWYC’s founding executive director for more than a decade.[4]

In 2009, AIDWYC received a one million dollar donation from retired Ontario Superior Court Justice Ian Cartwright, which allowed the organization to expand its operations, develop a legal education program on wrongful convictions, and take on additional cases.[5] [6] The Association in Defence of the Wrongly Convicted Foundation (now the Innocence Canada Foundation) was established as a registered charity and sister organization to AIDWYC in July 2010.[7]

In October 2016, AIDWYC rebranded as Innocence Canada and adopted a new logo made up of tally marks. Each mark represents an exoneration that the organization has helped to secure.

In the same year, Innocence Canada experienced a period of financial strain as the Cartwright grant began to dry up and the organization struggled to find new sources of funding.[8] In December 2016, however, Ontario Attorney General Yasir Naqvi announced that the Ontario government would provide $825,000 in funding to Innocence Canada over three years.[9] The Law Society of Ontario committed to contributing $75,000 over the same time period.

Other sources of funding include grants from the Law Foundation of Ontario, as well as private donations. The organization has estimated that its lawyers donate approximately $3.5 million in pro bono hours to the organization each year.

Work

Innocence Canada accepts case review applications from individuals who have been wrongfully convicted of homicide offences.[10] Applications are reviewed by a volunteer committee of lawyers and former judges to determine whether new and significant evidence of innocence can be identified.[11] Where there is a reasonable likelihood that such evidence can be found, a lawyer may be assigned to conduct a full review of the case. Innocence Canada will then determine whether there is sufficient new evidence to submit an application for ministerial review on the grounds of miscarriage of justice to the Minister of Justice.

Innocence Canada has provided expert evidence to several public inquiries tasked with reviewing wrongful convictions in Canada.[12] [13] [14] [15] [16] [17] The organization also offers educational resources to increase public knowledge regarding the causes of wrongful convictions.[18]

Innocence Canada is a member of the Innocence Network, an international collective of organizations dedicated to providing pro bono legal and investigative services to individuals who have been wrongly convicted and to preventing wrongful convictions.[19]

Notable cases

As of 2024, Innocence Canada has been directly involved in the exoneration of 29 wrongfully convicted individuals, including David Milgaard, Guy Paul Morin, Glen Assoun, and Steven Truscott.[20]

The organization has represented several individuals whose wrongful convictions for homicide were largely the result of flawed conclusions drawn by disgraced former pediatric forensic pathologist Charles Smith.[21] [22] [23] In each of these cases, the true cause of death was later determined to be either natural causes or accidental.

Innocence Canada also helped to exonerate Robert Baltovich and Anthony Hanemaayer. Both men were convicted of murders that are now believed to have been committed by notorious serial rapist and murderer Paul Bernardo.[24] [25]

Although not officially included among Innocence Canada’s exonorees, the organization provided legal assistance to some members of the Port Hope 8.[26]

Books

Notes and References

  1. News: Innocence Canada becoming 'shadow of its former self'. Gillis. Wendy. October 21, 2016. Toronto Star. September 6, 2016. en.
  2. Web site: Rule of Law Report Issue 2 LexisNexis Canada. Wahrer. Win. June 18, 2018. www.lexisnexis.ca. Lexis Nexis. September 6, 2018.
  3. Book: Campbell, Kathryn M.. Miscarriages of Justice in Canada: Causes, Responses, Remedies. University of Toronto Press. 2018. 9780802094063. 256. en.
  4. News: Rubin 'Hurricane' Carter and the virtue of stubbornness. April 21, 2014. The Globe and Mail. September 6, 2018.
  5. News: Innocence Canada wins funding from Ontario, law society. Gibson. Victoria. December 13, 2016. The Globe and Mail. September 6, 2018.
  6. News: Circumstances are 'dire' for Canada's defender of the wrongfully convicted. Andrew-Gee. Eric. October 21, 2016. The Globe and Mail. September 13, 2018.
  7. Web site: Funding - Innocence Canada. Innocence Canada. en. 2018-09-06.
  8. News: Innocence Canada gets critical funding in fight for the wrongfully convicted. Perkel. Colin. December 13, 2016. CityNews Toronto. September 6, 2018. Canadian Press. en-CA.
  9. News: Innocence Canada gets $900K from Ontario, law society for 'vital' work. McGillivray. Kate. December 13, 2016. CBC News. September 6, 2018. en-CA.
  10. Web site: Eligibility Criteria . Innocence Canada . 17 August 2024.
  11. Web site: Case Review Process . Innocence Canada . 17 August 2024.
  12. Web site: Report of the Kaufman Commission on Proceedings Involving Guy Paul Morin - Ministry of the Attorney General. www.attorneygeneral.jus.gov.on.ca.
  13. Web site: Home - Commission of Inquiry Into Certain Aspects of the Trial and Conviction of James Driskell. www.driskellinquiry.ca.
  14. Web site: Province of Manitoba | Manitoba Justice | Publications | Thomas Sophonow Inquiry . 2014-03-11 . dead . https://web.archive.org/web/20140312212640/http://www.gov.mb.ca/justice/publications/sophonow/ . 2014-03-12 .
  15. Web site: Inquiry into Pediatric Forensic Pathology in Ontario - Home Page. www.AUTCON.net. www.attorneygeneral.jus.gov.on.ca.
  16. Web site: Commission of Inquiry into the Wrongful Conviction of David Milgaard . 2014-03-11 . dead . https://web.archive.org/web/20140603201514/http://www.justice.gov.sk.ca/milgaard/ . 2014-06-03 .
  17. Web site: The Lamer Commission of Inquiry Pertaining to the Cases of: Ronald Dalton, Gregory Parsons, Randy Druken . 10 March 2024 . justice.gov.nl.ca.
  18. Web site: Continuing Legal Education - Innocence Canada. Innocence Canada. en. September 13, 2018.
  19. Web site: Innocence Network: Member Organizations. 2014-03-11. 2014-03-11. https://web.archive.org/web/20140311182146/http://www.innocencenetwork.org/members. dead.
  20. Web site: Exonerations . Innocence Canada . 17 August 2024.
  21. News: Maria Shepherd's 1992 manslaughter conviction quashed . 17 August 2024 . CBC News . The Canadian Press . Feb 29, 2016.
  22. News: Edwards . Peter . She got life in prison for killing her two-year-old son, Kenneth. There was no murder. . 17 August 2024 . Toronto Star . June 27, 2021.
  23. News: Tyler . Tracey . Conviction quashed in case involving disgraced pathologist Charles Smith . 17 August 2024 . Toronto Star . May 4, 2011.
  24. News: Acquitted man demands justice reforms. Tyler. Tracy. June 26, 2008. Toronto Star. September 6, 2018. en.
  25. News: 'I get to live the rest my life free': Baltovich acquitted . 17 August 2024 . CBC News . Apr 22, 2008.
  26. Web site: Braiden . Patricia Lynn . Wrongful convictions and Section 690 of the Criminal Code: An Analysis of Canada's Last-Resort Remedy . National Library of Canada . Simon Fraser University . 17 August 2024 . 183.