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RIGHTS AFTER WRONGFUL CONVICTION JUSTICE FOR THE INNOCENT

RIGHTS AFTER WRONGFUL CONVICTION JUSTICE FOR THE INNOCENT

Criminal Defence

15 May

An innocent individual mistakenly judged as guilty refers to a person who has been convicted in error of an offense they did not carry out.


The individual holds the legal ability to request a reassessment of their case by a superior court. Typically, to qualify for a review the convicted party must provide fresh and compelling evidence relevant to their situation.


Multiple elements may lead to such miscarriages of justice, including:

  1. Untrue admissions of guilt

  2. Incomplete or absent evidence

  3. Misleading statements by informants

  4. Deceptive allegations

  5. Lying under oath (perjury)

  6. Innocent individuals pleading guilty under pressure

  7. Defective or questionable forensic methods or expert opinions

  8. Incorrect identification by witnesses


When a person is found guilty of a crime they did not commit, thy have right to have a Conviction Reviewed by a Higher Court. Their initial opportunity for review typically comes from the Court of Appeal. 


This court may agree to hear the case if it determines that:

  1. There was a mistake in the application of legal principles

  2. The judgment was not reasonably supported by the evidence.

  3. A serious flaw in the justice process occurred. (This includes situations where new, trustworthy evidence emerges that could have influenced the original outcome.)


Following its review, the Court of Appeal has the authority to:

  1. Reject the appeal, keeping the conviction in place OR 

  2. Accept the appeal, overturn the original conviction. Either a verdict of not guilty is issued or call for a new trial.


If the appeal is denied, the individual may:

  1. Submit a formal request to the Minister of Justice, arguing that a fundamental error occurred in their case, or in rare circumstances OR

  2. Apply to the Supreme Court of Canada for further review.


Filing a Request with the Minister of Justice:

A wrongfully convicted person may also request a federal review of their case by the Minister of Justice, particularly when new and compelling information was unavailable during the original trial.


How the Minister’s Review Process Works:

The Criminal Conviction Review Group (CCRG), a specialized branch within the Department of Justice, usually handles the initial evaluation and fact-finding for such applications. This group prepares a report and also offers legal guidance to the Minister.


Throughout the review, a Special Advisor on Wrongful Convictions, who operates independently, also examines the case and gives the Minister their own legal opinion.


If the Minister concludes that a wrongful conviction probably occurred, they may:

  1. Instruct that a new trial be held in a court of their choosing, effectively reopening the case with the new proceedings replacing the prior verdict OR

  2. Refer the case back to the Court of Appeal to reconsider the original conviction.


Once the matter returns to the Court of Appeal, the court may:

  1. Initiate a new trial

  2. Deliver an acquittal

  3. Withdraw the charges


If choose not to present evidence:

  1. Would lead to a not guilty verdict OR 

  2. Enter a stay of proceedings, pausing the case indefinitely.


If no charges are brought again within 12 months of the stay or if they are formally withdrawn, then the case is considered closed with no active charges remaining.


Appealing to the Supreme Court of Canada:

There is no guaranteed right to have a case heard by the Supreme Court. A direct appeal is only possible if the Court of Appeal’s decision is split (i.e., not unanimous). When the appellate court reaches a unanimous conclusion, the applicant must seek permission (leave to appeal) from the Supreme Court.


Eligibility for Compensation:

People who have been unjustly convicted may be entitled to financial compensation, but only under specific conditions. 

RRM Law can assist individuals in asserting their rights after a wrongful conviction by guiding them through the complex processes of appeals, conviction reviews, and applications to the Minister of Justice. With expertise in post-conviction advocacy, the firm helps gather new evidence, navigate legal procedures, and ensure that clients receive fair treatment, potential exoneration, and access to available remedies, including compensation.

Call (905) 798 – 3776

Email: info@rrmlawoffice.com