Bernard Doyle

The Case

Bernard’s (Bernie) life changed dramatically on August 16, 1996. While holding 17-month-old Tyler Cunningham in his arms and dancing to music, he suddenly tripped over his roofing tools that were lying on the floor. Bernie landed on top of Tyler, whose head hit the sharp edges of his tools. Tyler lost consciousness, and Bernie ran across the hall for help. His neighbours called 911. Tyler succumbed to his injuries and died the next day. What appeared to be a heartbreaking accident soon escalated into a criminal investigation, setting in motion a chain of events that would exact a heavy price on Bernie’s life.

On August 26, 1996, Bernie Doyle was arrested and charged with manslaughter. He was taken to the police station and interviewed for approximately 3 hours. During most of that interview, the police accused him of violently shaking Tyler. Bernie consistently maintained that it was an accident, but under pressure from the police and being deprived of going to the restroom, he told the police that Tyler had gone limp while they were dancing and that he ran to the neighbours to call 911 and tried giving Tyler CPR. The police interpreted Bernie’s accounting of the tragic events as a confession, even though he never stated that he shook Tyler.

Bernie’s trial began on December 8, 1997, in Kitchener, Ontario. The Crown’s case rested on Bernie’s false confession and the testimonies of two expert witnesses. Tyler’s autopsy was conducted by Dr. Chitra Rao, who determined that some of the substantial head injuries and additional external and internal bruising were caused by Tyler being gripped while being shaken at the same time as being struck several times on the head. The now discredited chief pediatric forensic pathologist, Dr. Charles Smith, reviewed and agreed with her findings. They testified that Tyler died from being shaken to death. The defence did not call an expert to challenge the two Crown pathologists. Based on the expert evidence and faulty forensic science, the jury on December 18, 1997, convicted Bernie of manslaughter. He was sentenced to three years in prison.

Bernie did not appeal his conviction and served his full sentence before being released.

The Fight for Justice

In 2010, Tyler’s death was reviewed by a Medical Panel, known as the Shaken Baby Death Review Committee, also known as the Pediatric Death Review Committee, a multi-disciplinary team established in Ontario to review criminal convictions and other cases involving pediatric head injuries, particularly those related to “shaken baby” or abusive head trauma. The committee was formed as a result of the Goudge Inquiry. The Medical Panel’s report was released in 2011. In 2013, Innocence Canada took up Bernie’s case. Bernie applied for an extension of time to file an appeal of his conviction. The extension was granted on January 30, 2014. Opinions were provided by two forensic pathologists, a forensic neuropathologist and a biochemical engineer, whom Bernie and the respondent both retained. All agreed, including the Chief Pathologist for the Province of Ontario, that Tyler could have sustained his fatal head injuries due to a short fall as described by Bernie.

Exoneration

Bernie Doyle was acquitted in the Ontario Court of Appeal on June 12, 2023, twenty-seven years after his wrongful conviction. Bernie was surrounded by Innocence Canada lawyers, his father-in-law, who travelled with him from Newfoundland, Innocence Canada staff, and supporters.

Overcome with emotion and gratitude, Mr. Doyle addressed the media and onlookers with these words,

“I am very relieved and grateful for what happened today. The justice system has worked for me at last. But I will never forget Tyler. He was a wonderful boy who had lots of promise. I couldn’t help thinking that he was there with me today.” 

Life After Exoneration

Bernie Doyle is originally from Bell Island, Newfoundland and is the father of three children. Sadly, a terrible, debilitating injury he sustained has prevented him from being able to obtain employment for many years.

Bernie has not received compensation for his wrongful conviction. He struggles to support his family and to deal with the mental and agonizing physical pain that he suffers every day, which is coupled with financial hardship.

It is hoped that Bernie will be provided with compensation for the loss of his freedom and the years of having his character assassinated, his credibility attacked, and the means denied him that would afford him and his loved ones the comfort of living in a safe, healthy and affordable environment.

Bernie was acquitted, but he and his family did not receive any tangible evidence that the system is deeply and sincerely sorry for its mistakes that led them down a path of uncertainty and devastating roadblocks instead of a better and happier future filled with promise, hope, and peace.

Unfortunately, things took a turn for the worse when, in May 2025, a fire destroyed the apartment building where Bernie was living, and he lost everything.

We hope to provide a more positive update soon regarding Bernie’s ongoing journey after exoneration.