11th International Wrongful Conviction Day

Alberta Brings Murder Case Against Roy Sobotiak to an End After 36 Years

Almost 36 years after his arrest and 2 months after his release on bail, the Alberta Crown Prosecution Service has stayed the second degree murder charge against Roy Sobotiak.

Arrested on September 27, 1989 for the 1987 murder of 34-year-old Susan Kaminsky, Mr. Sobotiak, then 26, had never had a moment of freedom until his release on bail on May 23 earlier this year. He acknowledged through his counsel then that it would not be easy to adjust to a very different world from what he knew in 1989. “I was 26 when I went in. I am 61 now. Everything will be different.”

After his conviction in 1991 for second degree murder and after losing all his appeals, Mr. Sobotiak tirelessly championed his own cause. He wrote a 1000-page hand-written request to the Parole Board of Canada for a pardon.

In 2021, he was told to write to the Minister of Justice. He did, and Department of Justice officials were sufficiently troubled by his case that they asked Innocence Canada to assist him. We did, and on February 25, 2025, then Minister of Justice Arif Virani quashed the second-degree murder conviction and directed a new trial.

By the time of his release on bail in May, Mr. Sobotiak had spent more years in prison than any other victim of a wrongful conviction in Canadian history, a dubious honour.

Mr. Sobotiak was to have appeared in King’s Bench Court in Edmonton this morning to set a date for his new trial. Instead, Alberta has entered a stay of proceedings, which means that the case is now over, and Mr. Sobotiak is a free man with no restrictions on him for the first time since the day of his arrest in 1989.

In the 2 months since his release on bail, Ms. Sobotiak has been doing well in an assisted living environment in Fort McMurray. The Director tells Innocence Canada that he is welcome to continue living there, and Mr. Sobotiak intends to do so, at least for the time being, as he continues his readjustment to life in the outside world.

James Lockyer said today: “Of all the cases we have worked on, this is by far the longest a wrongly convicted person has been in prison. All of us at Innocence Canada are delighted by today’s development. We wish Mr. Sobotiak all the best and will be there whenever he needs help in the future.”

Katie Clackson of Legal Aid Alberta said: “There is an important lesson to be learned from Mr. Sobotiak’s case. A justice system can go wrong and when it does, it can do irreparable harm.”

Joanne McLean, another Innocence Canada lawyer who worked on Mr. Sobotiak’s case, said: “Innocence Canada has been helping wrongly convicted individuals for 33 years now. We are pleased to have helped Mr. Sobotiak in his quest to prove that he was wrongly convicted”.

For further information, please contact:

James Lockyer Katie Clackson jwilockyer@yahoo.ca kclackson@legalaid.ab.ca

James Lockyer Katie Clackson

jwilockyer@yahoo.ca kclackson@legalaid.ab.ca

416-518-7983 780-719-9204

ROBERT SANDERSON’S CONVICTIONS FOR FIRST DEGREE MURDER QUASHED 29 YEARS AFTER THREE HOMICIDES THAT OCCURRED IN 1996

ROBERT SANDERSON’S CONVICTIONS FOR FIRST DEGREE MURDER QUASHED 29 YEARS AFTER THREE HOMICIDES THAT OCCURRED IN 1996

Robert Sanderson’s convictions for three counts of First-Degree Murder were quashed by the Manitoba Court of Appeal, who ordered a new trial. The Crown has advised the Court of Appeal that it will exercise its discretion and enter a stay of the proceedings on public interest grounds. It is anticipated that this could occur as soon as later today (May 30 2025).

On August 6, 1996, three men, Stefan Zurstegge, Thomas Krowetz and Jason Gross were found murdered in Mr. Krowetz’s home. It was the Crown theory that Mr. Krowetz and Mr. Zurstegge were members of the Red Liners gang and were being courted by the Hells Angels and were murdered by members of the Manitoba Warriors, a gang of which Mr. Sanderson was alleged to be a member.

On September 19, 1996, Mr. Sanderson and two other men were charged with the murders. On June 26, 1997, Mr. Sanderson and one of his co-accused were convicted of the murders and both lost their subsequent appeals.

In 2017, Innocence Canada submitted an application to the Minister of Justice for ministerial review of his convictions based on new evidence. On February 10, 2023, Justice Minister David Lametti found that there was a reasonable basis to conclude that a miscarriage of justice likely occurred, and referred Mr. Sanderson’s case to the Manitoba Court of Appeal for a new appeal.

Today, with the agreement of the prosecution, the Court of Appeal quashed the convictions.

The new evidence came in two forms:

A crown expert testified that hair seized from the leg of one of the deceased was “more likely” from Mr. Sanderson. The Crown used this testimony to suggest that Mr. Sanderson “left a piece of himself at the scene of the crime.” Post-conviction DNA testing has established that the hair, as the Court of Appeal puts in their decision today, it “did not and could not have come from Mr. Sanderson.”
An eyewitness to events before the homicides who linked Mr. Sanderson to them was given substantial sums of money by the authorities pursuant to an agreement after he testified at the trial, totalling more than $15,000.00. This was not disclosed to Mr. Sanderson and the prosecution could not explain why it was not disclosed.

Mr. Sanderson’s mother was Ojibway and he is a member of the Métis Nations. Since his arrest and imprisonment in 1996, he was to become a well-known Aboriginal artist, and his Indigenous artwork includes wood carvings, masks and traditional paintings of extraordinary beauty. He was released on parole in 2021 and now lives in western Canada. As the Court of Appeal said in its decision:

“Mr. Sanderson is self-employed as an Indigenous artist with a considerable reputation and has maintained a stable relationship and has positive support in the community.”

Innocence Canada counsel Jerome Kennedy and James Lockyer said today:

“We are grateful to Minister Lametti and the Manitoba Court of Appeal for their decisions in Mr. Sanderson’s case. We spoke to Mr. Sanderson this morning and he is delighted that his case is almost over. It has, he said, been a long time coming.”

For further information, please contact:

Jerome Kennedy at 709-725-2966 or jkennedy@makethecall.ca

James Lockyer at 416-518-7983 or jlockyer@lzzdefence.ca

2024 Annual Impact Report

We are pleased to share our first Impact Report! This report highlights our progress and the impact of our work over the past year. We plan to produce these reports annually to keep our supporters informed and engaged in our mission to prevent and address wrongful convictions. You can find copies of the report here in English and French.

UPDATE: WRONGLY CONVICTED MAN GRANTED BAIL AFTER SPENDING 36 YEARS IN PRISON

UPDATE:

On May 23, 2025, Roy Sobotiak, who has been in prison for more than three decades, was granted bail months after his conviction was quashed by the federal justice minister.

PRESS RELEASE: FOR IMMEDIATE RELEASE

Innocence Canada May 23, 2025

Today, Roy Sobotiak who has been in prison since September 27, 1989, has a bail hearing in the King’s Bench Court in Edmonton at 10:00 a.m.

After his arrest in 1989, Mr. Sobotiak was convicted on July 11, 1991, of the murder of Susan Kaminsky in Edmonton, Alberta. He was never granted bail before his trial. On February 26, 2025, the then Minister of Justice Arif Virani quashed Mr. Sobotiak’s conviction for second degree murder and directed a new trial.

Innocence Canada assisted Mr. Sobotiak in his application to the Minster of Justice to set aside his conviction.

Mr. Sobotiak was immediately transferred from Bowden Penitentiary in Alberta to the local detention centre in Edmonton to await his new trial. Today will be the first time he has ever sought bail and Innocence Canada Counsel will be representing him at today’s bail hearing.

Mr. Sobotiak is the longest serving wrongly convicted person in Canadian history. The previous longest serving person was Romeo Phillion who spent more than 32 years in prison before the justice system accepted that he had been wrongly convicted.

For further information, please contact:

James Lockyer at 416-613-0416 or jwilockyer@yahoo.ca.

Katie Clackson at 780-719-9204 or kclackson@legalaid.ab.ca.

Sad Passing of Billy Wine a respected friend

It is with great sadness that I must share the passing of Billy Wine, not only a long-time personal friend, but a friend to the wrongly convicted and the organization.

Billy was one of a kind!

I was honoured and blest that he was my dear and loyal friend.

Please see a tribute to Billy that was written in 2009 with deepest respect and love.

Please find below is the funeral information:

William (Billy) Wine

Death Date: Sunday, March 23, 2025

Yahrzeit Date: 23 Adar 5785

Funeral Date: Tuesday, March 25, 2025

Funeral Time: 1:00 PM

Funeral Place: Graveside

Cemetery: St. John’s Norway Cemetery

Cemetery Section:

Shiva Address:

103 Boardwalk Drive,Toronto, Ontario,M4L 3X9

Shiva information: Shiva visits are welcome Tuesday following the interment until 5:00 pm, resuming 7:00 to 9:30 pm, then Wednesday and Thursday from 2:00 to 5:00 pm and 7:00 to 9:30 pm and Friday from 2:00 to 5:00 pm. Evening services will be held at 7:30 pm. Shiva visits will conclude Friday afternoon at 5:00 pm on March 28th.

Notice:

WINE, William (Billy) – Passed on March 23, 2025, peacefully surrounded by family. Loving father of Audrey, son of the late Esther and Harold Wine, brother and brother-in-law of Mitchell and Judy Wine, and the late Shelley Wine. He also leaves behind Audrey’s mother, Beth. In addition to the burial and shiva, a gathering to celebrate the life of Billy Wine will be announced at a later date. Memorial donations may be made to Innocence Canada Foundation, www.innocencecanada.com 1-800-249- 1329

Sincere Regards,

Win Wahrer

Director of Client Services, Innocence Canada

Government of Canada moves closer to establishing the Miscarriage of Justice Review Commission

From: Department of Justice Canada

News release

March 7, 2025 – Ottawa, Ontario – Department of Justice Canada

Today, the Honourable Arif Virani, Minister of Justice and Attorney General of Canada, announced that important measures to establish the Miscarriage of Justice Review Commission are now in effect. Minister Virani also announced Winnipeg as the location for the Commission’s headquarters.

The Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) received royal assent in December 2024, allowing the creation of a new, independent commission to replace the existing ministerial review process for wrongful convictions. The law honours the advocacy of David Milgaard, who served 23 years in jail for a crime he did not commit, and his mother Joyce, who never gave up on proving his innocence. Upon being exonerated, David dedicated the rest of his life to advocating for others who had been wrongfully convicted.

The coming into force of the new Part XXI.2 of the Criminal Code is a key milestone to establish the new Commission and allow other steps to follow, such as the appointment of commissioners, the development of procedures and policies, the hiring of staff and setting up operational systems.

Once the Commission becomes fully operational, independent commissioners will review, investigate and decide which criminal cases should be returned to the justice system due to a potential wrongful conviction, while the ministerial process will begin to wind down.

The Miscarriage of Justice Review Commission will help to address systemic barriers and provide supports, making it easier and faster for potentially wrongly convicted people to have their cases reviewed. It will also make sure that victims of crime are well informed and supported throughout the process.

While rare, miscarriages of justice do occur and can be discovered after criminal court processes conclude. Evidence suggests that the current system has been failing to identify and address potential wrongful convictions of Indigenous peoples, women, and members of racialized or marginalized communities. These communities are overrepresented in the criminal justice system, yet there have been extremely few miscarriages of justice identified from within them.

Quotes

“Today’s announcement is a key milestone in our commitment to a fair and accountable justice system. With the establishment of the Miscarriage of Justice Review Commission in Winnipeg, we are taking a significant step toward ensuring those that have been wrongly convicted have a clear path to justice. We remain steadfast in our efforts to make the Commission fully operational as soon as possible.”

The Honourable Arif Virani, P.C., M.P.
Minister of Justice and Attorney General of Canada

Quick facts

Measures in the law that came into force on March 6, 2025, include sections 1 (short title of the Act), 4 (new Part XXI.2 of the Criminal Code) and 14 to 18 (consequential amendments to other Acts to add reference to the Commission).
The new independent Commission will not be an alternative to the courts. In general, applicants will first need to exhaust their rights of appeal before requesting a miscarriage of justice review by the Commission.
The Commission will not decide whether an applicant is guilty or innocent. Rather, if the Commission decides a miscarriage of justice may have occurred and it is in the interest of justice, it will grant a remedy, such as ordering a new trial or new appeal. Only the courts have the power to overturn a conviction.
The Commission will have a dedicated victim services coordinator position to support victims and assist with the development of procedural policies, especially as it relates to victim notification and participation in a manner consistent with the Canadian Victims Bill of Rights.
Establishing an independent commission responds to calls from stakeholders and advocates for the wrongly convicted and follows the establishment of similar independent commissions in other countries, such as England, Wales and Northern Ireland, Scotland, and New Zealand. The creation of independent commissions in those jurisdictions has led to significantly more applications being made and more wrongful convictions being identified and remedied, compared to Canada.
The current criminal conviction review process which will remain in place until the Commission begins operating, is set out in Part XXI.1 (sections 696.1 to 696.6) of the Criminal Code and accompanying regulations.

Associated links

PRESS RELEASE: ROY ALLAN SOBOTIAK

Wednesday, February 26, 2025

JUSTICE MINISTER ARIF VIRANI ANNOUNCES THAT HE HAS QUASHED THE SECOND DEGREE MURDER CONVICTION OF ROY ALLAN SOBOTIAK AFTER 35 YEARS.

Today, at noon, Minister of Justice Arif Virani announced that he was exercising his powers under the Criminal Code to quash Roy Sobotiak’s conviction for second degree murder and was directing that he have a new trial. This is the greatest power that the Minister can exercise in a wrongful conviction case.

On February 8, 1987, Susan Kaminsky, a resident of Edmonton, disappeared and was never seen again. To this day, her body has never been found.

On September 27, 1989, Mr. Sobotiak, then 26 years of age, was charged with first degree murder in Ms. Kaminsky’s presumed death.

On July 11, 1991, after a trial before Mr. Justice Cooke and a jury in the Alberta Queen’s Bench Court, Mr. Sobotiak was convicted of second degree murder.

On September 9, 1991, he was sentenced to life in prison with no eligibility for parole for 16 and a half years.

On July 31, 1994, his appeal to the Alberta Court of Appeal was dismissed.

On April 15, 2004, his application for leave to appeal to the Supreme Court of Canada was dismissed.

Mr. Sobotiak always insisted on his innocence and has never been granted parole. After more than 35 years in prison, he is currently imprisoned at a federal penitentiary in Alberta.

On February 19, 2021, Mr. Sobotiak applied for ministerial review pursuant to the Criminal Code as an unrepresented applicant. The Minister, as is usually the case, asked the Criminal Convictions Review Group (CCRG) to look into Mr. Sobotiak’s application.

After conducting an investigation, the CCRG asked Innocence Canada to assist Mr. Sobotiak in his application. Four Innocence Canada lawyers, James Lockyer, Jerome Kennedy K.C., Joanne McLean, and Pamela Zbarsky, worked on the case. We then made representations on Mr. Sobotiak’s application to the Minister as did the Alberta Crown Prosecution Service.

Today, the Minister announced that he was directing a new trial for Mr. Sobotiak. Innocence Canada has contacted the Alberta Crown Prosecution Service for their position on what the next steps should be. We will work with the Alberta Crown Prosecution Service for the next few days and weeks.

Innocence Canada has spoken to Mr. Sobotiak, who is now 62 years of age, and he expresses his gratitude to the Minister for his decision and hopes that he will be a free man soon.

Innocence Canada said today: “We are grateful to the Minister and the CCRG for the work they put into Mr. Sobotiak’s case. It is a testament to their dedication to justice in all cases. We are pleased to have assisted Mr. Sobotiak and will continue to do so in the next days and weeks.”

For further information, you can contact:

Jerome Kennedy K.C. 709-725-2966, James Lockyer 416-518-7983, or Pamela Zbarsky 416-294-6163.

Photo of Roy Sobotiak taken in 1991on a prison visit. Photographer: Bryon Christopher.

Two New Brunswick Men Acquitted of a Murder They Were Wrongly Convicted of 40 Years Ago

This afternoon Robert (Bobby) Mailman and Walter (Wally) Gillespie were acquitted by Chief Justice Tracey DeWare of the King’s Bench Court in Saint John, New Brunswick, 40 years after they were wrongly convicted in the murder of George Leeman.

On November 30, 1983, Mr. Leeman’s body was found by a jogger in a wooded area in Rockwood Park, Saint John. Mr. Leeman was the victim of a significant beating, and his body was partially burned. Mr. Leeman was living in Saint John in a rooming house when he was murdered.

Between January 19 and 21, 1984, the Saint John Police Service charged Wally Gillespie and Bobby Mailman with the murder.

Mr. Gillespie and Mr. Mailman both had strong alibis with multiple witnesses placing them kilometers from the crime scene on the day of the murder. Nevertheless, they were convicted of the murder on May 11, 1984. Both were sentenced to life imprisonment without parole eligibility for at least 18 years. They have never wavered in insisting on their innocence.

Mr. Mailman who served 18 years in prison, sadly, is terminally ill. He is 76 years of age. He also lives in Saint John. Mr. Gillespie served 21 years of his life sentence in prison and is presently living in a halfway house in Saint John. He is now 80 years of age.

Today the two men appeared before the Chief Justice accompanied by Innocence Canada lawyers Jerome Kennedy, James Lockyer, and Pamela Zbarsky. They heard the Crown, Karen Lee, advise the Chief Justice that they had no evidence to present to the Court and invited the Court to acquit them both. The Chief Justice acquitted them and expressed her regret that it had taken 40 years for this to happen. She also promised that she would deliver a more substantial judgment tomorrow afternoon which would address the experiences endured by Mr. Mailman and Mr. Gillespie as a result of their 40 years of imprisonment and parole.

After the acquittals, Mr. Kennedy said:

For 40 years, these men have maintained their innocence. It’s a big day for both men. I have been working on their case for six years and they have never faltered in their determination to have their wrongful convictions quashed. At last, they have been vindicated.

Co-Counsel Mr. Lockyer said:

The New Brunswick justice system failed these men. There needs to be an accounting when such an injustice occurs. This was a case where the Saint John Police and Prosecution failed to give information that was known to them to the two men which had it been known could have stopped the prosecution in its tracks. We look forward to what the Chief Justice will say tomorrow.

For further information, contact:

Jerome Kennedy at 709-725-2966 or jkennedy@makethecall.ca
James Lockyer at 416-518-7983 or jlockyer@lzzdefence.ca
Ron Dalton at 709-327-6864 or rcdalton34@gmail.com

Review of Robert Mailman and Walter Gillespie Investigation:

Review of Robert Mailman and Walter Gillespie Investigation | Saint John Police Force

Indigenous Man Returns to the Court in Winnipeg where He was Convicted 50 Years Ago

More than 49 years ago on March 5, 1974, Clarence Woodhouse, a young Indigenous man, and a member of the Pinaymootang First Nation on the Fairford Indian Reserve in Manitoba, was convicted of the murder of Mr. Ting Fong Chan in Winnipeg, a crime he did not commit.

On July 18 of this year, two of Mr. Woodhouse’s former co-accused were vindicated in the King’s Bench Court by Chief Justice Joyal in Winnipeg. A fourth accused, Clarence’s brother Russell Woodhouse, sadly died in 2011 before he could be vindicated.

On September 13, 2023, Innocence Canada filed an application with Federal Justice Minister Arif Virani for a ministerial review of Clarence Woodhouse’s conviction pursuant to the provisions of the Criminal Code. We also filed a posthumous application on Russell Woodhouse’s behalf with the support of his surviving sister, Linda Anderson.

Clarence Woodhouse, now in his early 70s, has always proclaimed his innocence but no one listened to him. The prosecution’s case at his trial in 1974 depended on a “confession” that he was supposed to have made in fluent English despite Saulteaux being the language he spoke. Mr Woodhouse testified that he was assaulted by members of the Winnipeg Police into signing a false confession, but the trial judge and the jury disbelieved him. Innocence Canada has now adopted his case and brought it before the Justice Minister urging him to quash his conviction.

Monday, October 23, 2023, will be the next step on Clarence Woodhouse’s road to vindication. He will appear at 2:00 p.m. before the King’s Bench Court at 408 York Avenue, Winnipeg asking that he be released on bail pending the Minister’s decision.

Jerome Kennedy, a Director of Innocence Canada, who has led the case for Mr. Woodhouse’s vindication, said today:

“49 years has been an interminable wait for Clarence Woodhouse, but he never gave up. Tomorrow will be an extraordinary day for him, to be back in the very same court where he was wrongly convicted.”

James Lockyer, also a Director of Innocence Canada, who is assisting Mr. Kennedy with the case, said today:

“Innocence Canada is privileged to be able to help Mr. Woodhouse and we will be there for him at his release hearing.”