Jacques Delisle Receives Stay of Proceedings – Prosecution Appeals Decision
Jacques Delisle Receives a Stay of Proceedings – Quebec Director of Criminal and Penal Prosecutions Appeals the Decision
On April 8th, 2022, the Quebec Superior Court entered a stay of proceedings on Mr. Jacques Delisle’s first degree murder charge. Unfortunately, on April 28th, 2022, the Quebec Director of Criminal and Penal Prosecutions filed notice that they will appeal the decision.
Mr. Delisle, a retired Justice of the Quebec Court of Appeal, was convicted of first-degree murder in 2012 in the death of his wife, Nicole Rainville. Ms. Rainville took her own life on November 12, 2009.
On April 7, 2021, Federal Justice Minister David Lametti ordered a new trial for Mr. Delisle after concluding that a miscarriage of justice likely occurred in his trial. The Minister came to this decision after considering a s.696.1 application that was submitted by James Lockyer on Mr. Delisle’s behalf in 2015. The application was supported by new expert evidence that was not before the courts at Mr. Delisle’s trial or at his appeal.
On April 9, 2021, the day after the Minister’s decision, Innocence Canada counsel James Lockyer and Quebec counsel Jacques Larochelle secured Mr. Delisle’s release pending the new trial ordered by Minister Lametti.
On April 8, 2022, Justice Émond, writing in the Superior Court’s 99-page ruling, found that “society has no interest in a trial that will inexorably prove to be unfair. The social interest of a final judgment ruling on the merits and the process of finding the truth cannot prevail if the fairness of the trial is irreparably compromised by the fault of the state.”
After the stay was granted, Lockyer reflects: “It has been a long ordeal for Mr. Delisle and his family. Fortunately, they have had the strength to endure it and I wish them all the best in the future. Mr. Delisle is the victim of a wrongful conviction, and his case reminds us how our criminal justice system is human and therefore fallible.”
Innocence Canada will be watching the next steps in Mr. Delisle’s proceedings with interest and concern.
Minister’s decision rendered on Jacques Delisle case
On April 7, 2021, Federal Minister of Justice David Lametti, announced his decision to order a retrial in the case of Jacques Delisle.
Read Innocence Canada’s response to this news here, in English or French.
Innocence Canada Endorses Leadership Choice
Read Innocence Canada’s press release following Federal Minister of Justice David Lametti’s announcement on March 31, 2021, on the appointment of Justice Harry LaForme and Justice Westmoreland-Traoré to lead consultations on the structure of Canada’s wrongful convictions review body.
Innocence Canada Welcomes Federal Promise of Independent Commission
A federal plan to create an independent body to seek out and correct possible wrongful convictions represents the realization of a 25 year-dream for the innocence movement.
On December 13, 2019, the Federal Department of Justice received a mandate to create an independent review commission.
Read the mandate letter from Prime Minister Justin Trudeau to Justice Minister David Lametti.
Read our press release to learn more.
The John Artis Story
Innocence Canada Presents:
My Name is John Artis
Synopsis:
The film explores the life of John Artis, who was wrongfully convicted of a triple homicide in 1967 alongside his co-accused, Rubin “Hurricane” Carter. Through a series of interviews, John reflects on his experiences; beginning from his childhood years in Virginia to the difficulties he faced subsequent to his release from Rahway State Prison in 1981. Aside from being a testament to John’s life, the film serves as a reminder of the immeasurable price paid when justice is miscarried.
We invite you to view the trailer to “My Name is John Artis”.
Director’s Statement:
I first met John Artis in 2015 during my second year of law school at the University of Ottawa. At the time, I was enrolled in a seminar on the topic of wrongful convictions, and had decided that I would create a documentary film for my final evaluation. My professors were gracious enough to connect me with a contact at Innocence Canada, producer Amanda Carling, who in turn introduced me to John Artis, a name I was not at all familiar with until a Google search revealed the famous identity of his former co-accused.
It would be inaccurate, however, to define John’s relationship with Rubin “Hurricane” Carter simply by way of their shared experience with America’s troubled criminal justice system. Insofar as their unique bond was established through the unimaginable experience of having been together wrongly convicted of a triple homicide, and ultimately sentenced to life in prison, their relationship was not so easily definable. Brother, friend, confidant, and caregiver, are a few words that capture the immensity of their bond – each person integral to the other.
Despite their interconnectedness, both John and Rubin’s stories also stand on their own in equal measure. Moreover, although Rubin’s international stature was at times overshadowing, this film is a testament to the singularity of John’s life, spanning from his childhood years in Virginia to the challenges he faced upon his release from prison.
Finally, it is worth insisting that John’s story is as pressing as it is timely. In the course of my current employment as a staff lawyer with Legal Aid Ontario, working as criminal duty counsel, I am able to observe first-hand the way in which our province’s 133 million dollar cut to Legal Aid’s funding will likely pave the way for future miscarriages of justice. Further, the issue of wrongful convictions is of global concern, particularly in the United States, where the current US president has demonstrated his lack of regard for the phenomenon, and has in the past directly inflamed the discussion.
During these times of grave concern, it is worth recalling just how immeasurable the cost of one wrongful conviction can be; both individually, as well as in relation to the constitutional values that enshrine our liberty as a society. This reminder is, in part, what I hope John’s story illustrates.
Ruzbeh Tamjeedi
Railroaded: The Story of Glen Assoun
“I was devastated, I was just numb. I just stated to the court that ‘I’m officially wrongly convicted as of right now’.”
“Because I knew I was innocent.”- Glen Assoun
In 1999 Glen Assoun was convicted of a murder he didn’t commit, he spent the next 20 years fighting to prove his innocence. Acquitted in early 2019, Innocence Canada is honoured to count Glen as our most recent exoneree.
On Saturday, November 16 Glen’s harrowing story was profiled on CTV’s W5. Please join the Innocence Canada team by watching W5’s profile on Glen’s wrongful conviction, sharing the link below through social media and spreading the word about wrongful conviction in Canada.
You can see a preview of the documentary here.
50 years after wrongful conviction
David Milgaard speaks to the Globe & Mail about life after a wrongful conviction and his calling to advocate for other innocent people languishing in prisons across Canada.
Read the full article.
The wrongful conviction of Glen Assoun
Today the public finally learns the details of one of the most tragic and egregious wrongful convictions in Canadian history. Glen Assoun has suffered for decades due to the professional misconduct of individuals in the police forces involved in the case.
After 16 and a half years in prison, and 5 more under strict bail conditions, the truth will be told – Glen Assoun was wrongly convicted in the murder of Brenda Way.
Learn about the true story of Glen Assoun’s wrongful conviction.
Innocence at Stake: The Need for Continued Vigilance to Prevent Wrongful Convictions in Canada
In the fall of 2002, the Federal/Provincial/Territorial Heads of Prosecutions Committee established a Working Group on the Prevention of Miscarriages of Justice in response to a number of wrongful convictions that had been identified and studied across the country. The Working Group was given the mandate to develop a list of best practices to assist prosecutors and police in better understanding the causes of wrongful convictions, and to recommend proactive policies, protocols and educational processes to guard against future miscarriages of justice.
Two years later, the Working Group, composed of senior police and prosecutors from across the country, completed and presented the Report on the Prevention of Miscarriages of Justice. It was released to the public by Federal, Provincial and Territorial Ministers Responsible for Justice at their annual meeting on January 25, 2005. In 2011, the committee released a follow-up report entitled The Path to Justice: Preventing Wrongful Convictions. This updated report provides a summary of developments in the law and the efforts to implement the recommendations provided in the original report.
On April 25, 2019, a comprehensive new report on preventing wrongful convictions, Innocence at Stake: The Need for Continued Vigilance to Prevent Wrongful Convictions in Canada, was released. This report not only updates and adds to earlier recommendations, but also explores new areas of research in wrongful convictions such false guilty pleas and the vulnerabilities of youth, women and Indigenous people.
These Reports comprehensively explore common causes of wrongful conviction, including tunnel vision, faulty eyewitness identification and testimony, the phenomenon of false confessions, the use of in-custody informers, the limits of forensic evidence, and the frailties of “expert” testimony. The findings and recommendations made by commissions of inquiries into wrongful convictions throughout Canada and internationally were collected and examined. Most importantly, the Reports provide clear, comprehensive and practical recommendations for improvements to the criminal justice system which were designed to reduce the likelihood of wrongful convictions.
Preventing False Confessions Video
This video is directed at police officers but would be of interest to any person involved in the justice system. Specifically, it looks at the heightened risks for suspects to falsely confess when using the Reid interrogation technique, the impact of over-policing on marginalized and vulnerable communities, the role that language, racial bias, and differences in cultural beliefs play in Indigenous peoples being wrongly convicted, and examines some of the susceptibilities that those with mental health issues face in an interrogation room.
Watch Preventing False Confessions from Vulnerable Suspects.
Innocence Canada thanks the Ontario Bar Association and the Law Foundation of Ontario for their support and the following individuals for their expertise:
Professor Kent Roach
Kent Roach is Professor of Law and Prichard-Wilson Chair of Law and Public Policy at the University of Toronto Faculty of Law. He is a graduate of the University of Toronto and of Yale, and a former law clerk to Justice Bertha Wilson of the Supreme Court of Canada. Prof Roach has served as research director for the Goudge Inquiry into Pediatric Forensic Patholology and for the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182. In both capacities, he edited multiple volumes of research studies. He served on the research advisory committee for the inquiry into the rendition of Maher Arar and the Ipperwash Inquiry into the killing of Dudley George. He also served as volume lead for the Truth and Reconciliation Commission’s Report on the Legacy of Residential Schools. He has been a member of Canadian Council of Academies expert panels on policing and subsequently on Indigenous policing.
Dr. Tim Moore
Dr. Tim Moore is Professor of Psychology and chair of the Psychology Department at York University’s Glendon College where he teaches Psychology & Law. Dr. Moore has served as a consultant or expert witness in dozens of criminal trials in both Canada and the U.S. on issues related to memory, language comprehension, child witnesses, suggestibility, police investigative practices and interrogations. Dr. Moore is a regular participant in various legal educational programs, including the Criminal Lawyers Association, the Ontario Bar Association, Osgoode’s Professional Development series and the National Judicial Institute.
Robert S. Wright
Robert S. Wright is a Social Worker and Sociologist whose 28 year career has spanned the fields of education, child welfare, forensic mental health, trauma, sexual violence, and cultural competence. He has always integrated his work delivering direct practice clinical service to clients with teaching and supervising interns and promoting lasting systemic change through social policy advocacy.
Robert holds BA and MA degrees in social work and has post-graduate training in social work and sociology. He has served in notable roles as the Race Relations Coordinator of the former Dartmouth District School Board, Executive Director of Family & Children’s Services of Cumberland County, and the Executive Director of Nova Scotia’s Child and Youth Strategy.
Robert also serves as the Executive Director of The Peoples’ Counselling Clinic which provides no and low cost counselling and case management services to low income individuals and special populations. Through the Peoples’ Clinic, Robert conducts ManTalk, a treatment/support group for male victims of sexual violence, and other programmes for special populations.
Dr. Lorna Fadden
Dr. Fadden’s research is in the area of language and law, especially forensic discourse analysis. She has held Senior Lecturer and Assistant Professor positions in the Department of Linguistics at Simon Fraser University, where she was also the First Nations Languages Coordinator. She is a steering committee member of the West Coast Roundtable on Language and Law, and she has run a forensic consulting practice since 2008, carrying out linguistic analyses for legal counsel in civil and criminal proceedings. Lorna has received her JD from Thompson Rivers University.
Dr. Voula Marinos
Dr. Voula Marinos is an Associate Professor and holds a Ph.D in Criminology from the Centre of Criminology, University of Toronto. Her interdisciplinary research is currently focused on three primary areas: diversion of youth and adults from the formal court process; mental health, intellectual disabilities, law and the courts; and plea bargaining and sentencing of youth and adults.
She is a Member of the Canadian Centre for Lifespan Research at Brock University. She was part of the 3Rs Rights, Respect and Responsibility Research Team at Brock, committed to research on human rights for persons with intellectual disabilities. Much of her work involves interviews with criminal justice professionals and court observations. She lectures widely to criminal justice professionals, law students, and community-based organizations about her research and criminal justice policy.
Jordan Rapps, Videographer