Innocence Canada
 Logo, with tally marks equal to the number of exonerations secured | |
| Formation | 1993 |
|---|---|
| Type | Legal Association |
| Legal status | Active |
| Purpose | Advocate, Educator and Network |
| Headquarters | Toronto, Ontario |
Region served | Canada |
Official language | English French |
| Budget | $500,000 to $600,000 annually |
| Website | www |
Formerly called | 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
[edit]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.[1][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.[6] Each mark represents an exoneration that the organization has helped to secure.[6]
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.[1][5][6][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.[9]
Other sources of funding include grants from the Law Foundation of Ontario, as well as private donations.[5] The organization has estimated that its lawyers donate approximately $3.5 million in pro bono hours to the organization each year.[8]
Work
[edit]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.[11] 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.[11]
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.[6][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
[edit]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.[20]
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][27]
Books
[edit]- Lowe, Mick (2013). A Conspiracy of Brothers: A True Story of Bikers, Murder and the Law. Toronto: Vintage Canada. ISBN 978-0345813169.
References
[edit]- ^ a b c Gillis, Wendy (21 October 2016). "Innocence Canada becoming 'shadow of its former self'". Toronto Star. Retrieved 6 September 2016.
- ^ Wahrer, Win (18 June 2018). "Rule of Law Report | Issue 2 | LexisNexis Canada". www.lexisnexis.ca. Lexis Nexis. Retrieved 6 September 2018.
- ^ Campbell, Kathryn M. (2018). Miscarriages of Justice in Canada: Causes, Responses, Remedies. University of Toronto Press. p. 256. ISBN 9780802094063.
- ^ "Rubin 'Hurricane' Carter and the virtue of stubbornness". The Globe and Mail. 21 April 2014. Retrieved 6 September 2018.
- ^ a b c Gibson, Victoria (13 December 2016). "Innocence Canada wins funding from Ontario, law society". The Globe and Mail. Retrieved 6 September 2018.
- ^ a b c d e Andrew-Gee, Eric (21 October 2016). "Circumstances are 'dire' for Canada's defender of the wrongfully convicted". The Globe and Mail. Retrieved 13 September 2018.
- ^ "Funding - Innocence Canada". Innocence Canada. Retrieved 6 September 2018.
- ^ a b Perkel, Colin (13 December 2016). "Innocence Canada gets critical funding in fight for the wrongfully convicted". CityNews Toronto. Canadian Press. Retrieved 6 September 2018.
- ^ a b McGillivray, Kate (13 December 2016). "Innocence Canada gets $900K from Ontario, law society for 'vital' work". CBC News. Retrieved 6 September 2018.
- ^ "Eligibility Criteria". Innocence Canada. Retrieved 17 August 2024.
- ^ a b c "Case Review Process". Innocence Canada. Retrieved 17 August 2024.
- ^ "Report of the Kaufman Commission on Proceedings Involving Guy Paul Morin - Ministry of the Attorney General". www.attorneygeneral.jus.gov.on.ca.
- ^ "Home - Commission of Inquiry Into Certain Aspects of the Trial and Conviction of James Driskell". www.driskellinquiry.ca.
- ^ "Province of Manitoba | Manitoba Justice | Publications | Thomas Sophonow Inquiry". Archived from the original on 12 March 2014. Retrieved 11 March 2014.
- ^ www.AUTCON.net. "Inquiry into Pediatric Forensic Pathology in Ontario - Home Page". www.attorneygeneral.jus.gov.on.ca.
- ^ "Commission of Inquiry into the Wrongful Conviction of David Milgaard". Archived from the original on 3 June 2014. Retrieved 11 March 2014.
- ^ "The Lamer Commission of Inquiry Pertaining to the Cases of: Ronald Dalton, Gregory Parsons, Randy Druken" (PDF). justice.gov.nl.ca. Retrieved 10 March 2024.
- ^ "Continuing Legal Education - Innocence Canada". Innocence Canada. Retrieved 13 September 2018.
- ^ "Innocence Network: Member Organizations". Archived from the original on 11 March 2014. Retrieved 11 March 2014.
- ^ a b "Exonerations". Innocence Canada. Retrieved 17 August 2024.
- ^ "Maria Shepherd's 1992 manslaughter conviction quashed". CBC News. The Canadian Press. 29 February 2016. Retrieved 17 August 2024.
- ^ Edwards, Peter (27 June 2021). "She got life in prison for killing her two-year-old son, Kenneth. There was no murder". Toronto Star. Retrieved 17 August 2024.
- ^ Tyler, Tracey (4 May 2011). "Conviction quashed in case involving disgraced pathologist Charles Smith". Toronto Star. Retrieved 17 August 2024.
- ^ Tyler, Tracy (26 June 2008). "Acquitted man demands justice reforms". Toronto Star. Retrieved 6 September 2018.
- ^ "'I get to live the rest my life free': Baltovich acquitted". CBC News. 22 April 2008. Retrieved 17 August 2024.
- ^ Lowe 2013, p. 956.
- ^ Braiden, Patricia Lynn. "Wrongful convictions and Section 690 of the Criminal Code: An Analysis of Canada's Last-Resort Remedy" (PDF). National Library of Canada. Simon Fraser University. p. 183. Retrieved 17 August 2024.