Erma Louise Bombeck
The wrongfully convicted. It's an horrible travesty for any person who must experience prosecution by the State for a crime they did not commit. Thus far, we have seen remarkable examples of cases where such injustice has occurred causing the Federal Government to amend the Criminal Code of Canada by enacting special sections that provide for an application to be made to the Federal Minister of Justice/Attorney General to remedy a possible wrongful conviction.
Some of the more infamous cases that stand out in recent memory are James Driskell, who was found guilty of the 1990 murder of Perry Harder. Paroled in 2003, Driskell was acquitted after DNA samples were shown not belonging to the victim that were allegedly matched to hair samples in his vehicle. David Milgaard was sentenced in 1970 to life imprisonment for the 1969 murder of Saskatoon nursing aide Gail Miller. After 23 years in prison, The Supreme Court of Canada set aside his conviction in 1992. Donald Marshall was sentenced to life imprisonment for the murder of Sandy Seale. After spending 11 years in prison the Nova Scotia Court of Appeal acquitted him in 1983.
A wrongful conviction does not always mean the accused is innocent of the crime. It can simply mean the accused did not receive a fair trial due to an improper characterization of evidence, unreliable testimony, problems with Crown disclosure, police misconduct or wrongful identity. Take the Steven Truscott case for example.
Prior to Canada's abolition of death row, Truscott was sentenced to death at the age of 14 for allegedly murdering a classmate. In 1969 he was granted parole. On August 28, 2007 after overturning his conviction and ultimately entering an acquittal, the Ontario Court of Appeal declared his case "a miscarriage of justice." However, the High Court Justices stated emphatically that the court was "not satisfied that the appellant has been able to demonstrate his factual innocence."
It's an interesting Justice system we have. Some people think it's horrible and failing society while others see it as a fundamental tool to democracy. I am a firm believer in the latter. Without law, there is no order and without order there is no justifiable democratic society.