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Informants
Steven Skurka
Toronto
Lawyer Steve Skurka seen with Ja Rule
From 760 CARDOZO LAW REVIEW
[Vol. 23:3]
A CANADIAN PERSPECTIVE
ON THE ROLE OF COOPERATORS AND INFORMANTS
Steven Skurka* (see sidebar)
Any critical analysis of the
Canadian perspective on cooperators and informants must begin
with the Supreme Court of Canada's decision in R. v. Vetrovec.1
Vetrovec was a case where the appellants had been convicted
at trial on a charge of conspiracy to traffic in heroin. The
trial judge had warned the jury of the danger of convicting on
the basis of the uncorroborated evidence of an accomplice who
testified for the prosecution.2 In rejecting any rigid formulation
that would lead to an automatic warning and a requirement for
corroboration for accomplice testimony, the Supreme Court of
Canada chose instead to fashion a flexible rule that could accommodate
the particular circumstances of each case. The true purpose of
the warning when given was to avoid the risk of conviction based
on unreliable evidence.3
At the outset, it must be noted
that the Supreme Court expressly rejected any suggestion of precluding
these witnesses from testifying. Rather, the emphasis was on
simplifying the issues arising from their testimony for the jury.4
The Court reinforced the point that it is the credibility of
accomplice witnesses which should be corroborated and not evidence
confirming that the accused is guilty. The Court writes:
All that can be established
is that the testimony of some accomplices may be untrustworthy.
But this can be said of many other categories of witness. There
is nothing inherent in the evidence of an accomplice which automatically
renders him untrustworthy. To construct a universal rule singling
out accomplices, then, is to foster upon this branch of the law
of evidence a blind and empty formalism. Rather than attempting
to pigeon-hole a witness into a category and then recite a ritualistic
incantation, the trial judge might better direct his mind to
the facts of the case, and thoroughly examine all the factors
which might impair the worth of a particular witness. If, in
his judgment, the credit of the witness is such that the jury
should be cautioned, then he may instruct accordingly. If, on
the other hand, he believes the witness to be trustworthy, then,
regardless of whether the witness is technically an Òaccomplice'
no warning is necessary.5
The trial judge had to first
evaluate the apparent trustworthiness of the accomplice. The
Court gave recognition to essentially two categories of accomplices,
the genuinely motivated and the self-interested. It was only
the latter category that would require any special instruction
by the trial judge.6 Little guidance was provided by the Court
as to how such a fundamental assessment could be made. Was it
purely on a subjective analysis of the witness or could the trial
judge rely on common experience to dictate the status of the
accomplice?
The Supreme Court of Canada
did attempt to offer some helpful guidance for trial judges who
were prepared to give a special instruction by offering the following:
Because of the infinite range
of circumstance which will arise in the criminal trial process
it is not sensible to attempt to compress into a rule, a formula
or a direction the concept of the need for prudent scrutiny of
the testimony of any witness. What may be appropriate, however,
in some circumstances, is a clear and sharp warning to attract
the attention of the juror to the risks of adopting, without
more, the evidence of the witness. There is no magic in the
word corroboration, or indeed in any other comparable expression
such as confirmation and support. The idea implied in those words
may, however, in an appropriate case, be effectively and efficiently
transmitted to the mind of the trier of fact. This may entail
some illustration from the evidence . . . documentary or testimonial,
which might be drawn upon by the juror in confirmation of the
witnessÕs testimony or some important part thereof. I
do not wish to be taken as saying that such illustration must
be carried to exhaustion.
However, there is, in some
circumstances, particularly in lengthy trials, the need for helpful
direction on the question of sifting the evidence where guilt
or innocence might, and probably will, turn on the acceptance
or rejection, belief or disbelief, of the evidence of one or
more witnesses. 7
This clear and sharp warning,
which became known as a 'Vetrovec warning,' was broadened
in future cases to encompass any prosecution witness who was
deemed to be untrustworthy. It was immaterial whether the witness
was an accomplice, informant co-operator, or any category of
witness. Equally, while the Supreme Court of Canada in Vetrovec
emphasized that the ultimate decision as to whether a clear,
sharp warning about accepting a witnessÕs credibility
would be left to the discretion of the trial judge, it was subsequently
recognized by the Court that the circumstances may be such that
a warning must be given.8 In June of 1996, the Ontario government
issued a commission to examine a miscarriage of justice involving
a young man, Guy Paul Morin, who had been wrongfully convicted
for the murder of his nine year old neighbour in the town of
Queensville, Ontario.9
Some ten years after his arrest,
sophisticated DNA evidence had exonerated Mr. Morin completely.
That finding brought a concession from senior Crown counsel and
later the Attorney General of Ontario of his innocence, with
an apology to Mr. Morin for the lengthy ordeal both he and his
family had unfortunately undergone. In addition to calling a
public inquiry, the government of Ontario ordered compensation
to be paid to Mr. Morin and his family.10
It was clear that jailhouse
informant testimony had played a pivotal role at Mr. MorinÕs
trial which had resulted in his conviction. Such testimony related
to a purported confession to the murder, made by Mr. Morin to
a fellow inmate at the jail, Robert Dean May. The confession
was allegedly heard by a second inmate in an adjoining cell who
also testified at the trial.11 The Commissioner who presided
over the Morin Inquiry, Fred Kaufman (a former Justice of the
Quebec Court of Appeal), made some clear findings of fact about
the credibility of the two jailhouse informants. He found them
to be wholly unreliable and motivated in their testimony by self-interest.12
They were, in the CommissionerÕs words, predisposed, by
character and psychological make-up, to lie and Òwere
as likely to lie as to tell the truth, depending upon where their
perceived self-interest lay.'13 Given the acknowledged difficulty
of the defence to disprove their claims to a confession by Mr.
Morin, it was a Òready recipe for disaster.'14
The Morin Inquiry heard systemic
evidence relating to jailhouse informant evidence from Canada,
Great Britain, Australia, and the United States. Particular attention
was paid to the notorious Los Angeles experience which led to
a 1989-90 Grand Jury report documenting years of rampant abuses
by jailhouse informants in Los Angeles County.15 As described
by one seasoned prosecutor involved with the review of the debacle,
it was a time when the Òinmates were running the asylum'.16
Clear recognition was voiced
by the Commissioner in his final report that a number of miscarriages
of justice were founded, at least in part, by the patently false,
self-interested evidence given by jailhouse informants.17 The
CommissionerÕs report contained a series of bold and enlightened
recommendations with respect to the use of jailhouse informant
evidence. These included a recommendation to recognize that it
will never be in the public interest to initiate or continue
a prosecution based only on the unconfirmed evidence of an in-custody
informer.18 Confirmation of the in-custody informerÕs
proposed evidence is defined as 'credible evidence or information,
available to the Crown, independent of the in-custody informer,
which significantly supports the position that the inculpatory
aspects of the proposed evidence were not fabricated. One in-custody
informer does not provide confirmation for another.'19
The Commissioner suggested
that jailhouse informants should require a special caution by
the trial judge virtually in every case where the evidence is
contested. The Vetrovec warning should emphasize that
jailhouse informants are almost invariably motivated by self-interest
and that historically such evidence has been shown to be untruthful
and to produce miscarriages of justice.20
For the benefit of the prosecutor,
the report catalogued a comprehensive set of factors to consider
in assessing the reliability of a jailhouse informant. As summarized
below, they are:
a) the extent to which the
statement is confirmed;
b) the specificity of the alleged
statement as opposed to a general statement that A admitted killing
B;
c) the extent to which the
statement contains details only known to the perpetrator;
d) the extent to which the
details of the statement could otherwise reasonably be accessed
by the in-custody informer;
e) the informer's general character
as evidenced by his or her criminal record or any psychiatric
profile;
f) any request for benefits
or special treatment made by the informer and any promises made
by a person in authority;
g) whether the informer has
given reliable information to the authorities in the past;
h) whether the informer has
previously claimed to have received statements while in custody;
i) whether the informer has
testified on behalf of the Crown or defence in other proceedings
and the results of those proceedings;
j) whether the informer made
some record of the words allegedly spoken by the accused and
when it was made; and
k) the circumstances under
which the informerÕs statement was made, whether it was
made under oath and whether nonleading questions were used by
the police.21
The Report clearly identified
and advocated against the dangers associated with relying upon
the evidence provided by a jailhouse informant. The overriding
interest of the state in convicting those who were guilty of
serious criminal offences was identified in juxtaposition to
the dangers of this dubious evidence.
The Report went on to stipulate
that the Ministry should follow guidelines which would limit
the use of informers.22 While the Kaufman Report concludes that
evidence proffered by an in-custody informer cannot be rejected
outright, it remains open to the trial judge to be highly suspect
of such evidence, to the extent that a trial judge ought to determine
whether the reliability of the information is sufficient to even
justify its reception as evidence.23 The Supreme Court of Canada
has not proceeded in this fashion. Rather, the Court in R.
v. Brooks,24 concluded that an accused person is not entitled
to a trial that excludes the evidence of jailhouse informers,
only to have that testimony invariably accompanied by a warning.25
The Inquiry also led to new
policies on jailhouse informants implemented by the Ministry
of the Attorney General. By way of example, the Ministry adopted
into its Policy Manual, with some modification, the Kaufman ReportÕs
aforementioned recommended list of factors to be considered in
assessing an informantÕs reliability.26 The most important
policy initiative which had been adopted by the Los Angeles District
Attorney's Office and recommended in the Kaufman Report was the
creation of a committee of senior prosecutors which vets the
use of jailhouse informants by Ontario prosecutors in individual
cases.27
By November 1998, the Committee
had reviewed nine cases, all of which were homicides.28 In seven
out of the nine cases considered, the Committee determined that
the jailhouse informant(s) should not be used. In two of these
cases, the result was the withdrawal or stay of the charges.29
In pondering its decision, the Committee is prepared to consider
in all cases any additional information provided by defence counsel
which may adversely impact upon an informantÕs reliability.30
Subsequent to the Report being
made public, a series of cases emerged that helped to illustrate
the pitfalls and complexities associated with the use of jailhouse
informers. The following description of events in R. v.
Babinski31 from the Ontario Court of Appeal, following
the use of a jailhouse informer in one case, illustrates the
typical problems and fears associated with such witnesses:
L. had a criminal lifestyle
and had offered to supply information to the police on a variety
of matters. In particular, the proposed fresh evidence discloses
that L. offered to testify against a fellow inmate about a murder
of a police officer in Quebec.
The myriad of provably false
statements by L. as to his motives for recanting and then resiling
from the recantation suggest that L.'s trial evidence as to his
motive for coming forward is untrue.32
In Brooks, however,
the Supreme Court of Canada had the opportunity to consider the
extent to which trial judges are required to caution the jury
on the dangers in relying upon the testimony of jailhouse informants.
The judgment of the Court followed the issuance of the Kaufman
Report and made extensive references to its findings.33
In Brooks, the appellant
had been convicted of first-degree murder in the death of a nineteen-month-old
child which had been associated with a sexual assault. The prosecution
at trial had relied on the evidence of two jailhouse informants
who, as fellow inmates, had listened to the appellant confess
to having killed the child to stop her crying. There was no reference
to any sexual assault. Both jailhouse informants had lengthy
criminal records for dishonesty. One had a history of substance
abuse and a psychiatric history highlighted by suicide attempts,
paranoia, deep depression, and a belief in clairvoyant ability.
The other had unsuccessfully sought a lighter sentence in return
for his testimony and had testified as an informant in a prior
trial. Both informants had histories of offering to testify in
criminal trials.34
In his charge to the jury,
the trial judge failed to give a clear, sharp warning to the
jury about the dangers of relying upon the informantÕs
testimony. Defence counsel in the case had neither requested
such a warning nor objected to the lack of a warning.35 In a
divided decision that ultimately restored the convictions of
the appellant, a separately constituted majority of the court
held that it constituted an error for the trial judge not to
have provided a Vetrovec warning.36 The two judgments
of Judges Major and Binnie that formed the majority on this point
are useful for their insight not only into jailhouse informants
but more practically to all prosecution witnesses deserving of
a special caution. The highlights of their respective judgments
are noted, as follows:
a) 'It is not whether the trial
judge personally finds the witness trustworthy but whether there
are factors which experience teaches that the witnessÕs
story be approached with caution.'37
b) '[J]urors will not likely
have the benefit of this 'experience' unless it is imported to
them by the trial judge in the 'clear and sharp warning' contemplated
by Vetrovec.'38
c) 'At a minimum, a proper
Vetrovec warning must focus the jury's attention specifically
on the inherently unreliable evidence. It should refer to the
characteristics of the witness that bring the credibility of
his or her evidence into serious question. It should plainly
emphasize the dangers inherent in convicting an accused on the
basis of such evidence unless confirmed by independent evidence.'39
d) 'The warning does not come
without risk to the accused as it should also be accompanied
by a reference to the evidence capable of providing independent
confirmation of the unsavoury witness's testimony.'40
e) Where the witness is absolutely
critical to the Crown's case, more moderate credibility problems
will warrant a warning. 'Where the witness has overwhelming credibility
problems, a warning may be necessary even if the CrownÕs
case is a strong one with the witnessÕs evidence.'41
f) '[J]ailhouse informant'
is a term that conveniently captures a number of factors that
are highly relevant to the need for caution. These include the
facts that the jailhouse informant is already in the power of
the state, is looking to better his or her situation in a jailhouse
environment where bargaining power is otherwise hard to come
by, and will often have a history of criminality. This is not
to deny the possibility that a jailhouse can on occasion produce
a trustworthy witness. The trigger for caution is not so much
the label 'jailhouse informantÕ as it is the extent to
which these underlying sources of potential unreliability are
present in a particular case.'42
g) It is rare . . . that an
alleged jailhouse confession would not be regarded as important
evidence against an accused.'43 h) While recognizing the extreme
dangers of relying on the use of Òjailhouse informers,'
no special warning is called for because the proper Vetrovec
warning suffices.44
These highlights were reinforced
and expanded in subsequent decisions. In R. v. Krugel,45
the Ontario Court of Appeal held that credibility is a matter
of fact to be left to the jury and the only issue which arises
is whether the trial judge is obligated to caution the jury about
the dangers of convicting an accused based on evidence tendered
by an accomplice whose credibility has not been bolstered. Thus,
evidence capable of being confirmatory is evidence that strengthens
the belief that the suspect witness is telling the truth.46
While confirmatory evidence
is, and ought to be, a crucial factor in determining whether
or not to proceed with a prosecution based on information provided
by a jailhouse informer, it may come back to haunt the accused
at the time of the trial judge's charge to the jury. Defence
counsel may wish to have a Vetrovec caution given to the
jury in order to avoid undue weight being placed on such an unsavoury
witness. On the other hand, the result may be that the trial
judge not only warns of the dangers of convicting on uncorroborated
evidence provided by a jailhouse informer, but goes further in
pointing to corroborating evidence as well as calling attention
to the impugned evidence.
In Babinski, Justice
Rosenberg, writing on behalf of the majority, modified Vetrovec,
saying that if a Vetrovec warning is given, the trial
judge should make some reference to any evidence capable of supporting
the unsavoury witness.47 This may be far more prejudicial to
the accused than having no caution given to the jury at all.
Ultimately, the decision to point to corroborating evidence remains
with the trial judge.
Jurisdictions across Canada
now recognize that a number of factors contribute to the trial
judgeÕs decision regarding the trustworthiness of the
informer and the corresponding need for a clear, sharp warning.
These include the availability of confirmatory evidence and the
importance of the informerÕs testimony to the CrownÕs
case. According to the Newfoundland Court of Appeal in R.
v. R.B.,48 the latter ought to be accorded great weight
in determining whether fairness of process warrants cautioning
the jury.49 Depending upon the conclusion reached by the trial
judge in this regard, it is recognized that the circumstances
may be such that a warning must be given.50
Many of the issues surrounding
the use of unsavory informers were determined in the case of
R. v. MacDonald,51 decided by the Nova Scotia Court of
Appeal subsequent to Brooks. The Court held that where
the case against the accused is solely or materially based on
the evidence of jailhouse informants, a warning is probably required
and, if not given, a new trial will likely be ordered.52 Arguably,
much of the Kaufman Report analysis as well as the judgment of
Brooks can be utilized to draw in common experience with
other types of informants and cooperating witnesses. When their
testimony is bartered for rewards and special advantages in the
same manner as a jailhouse informant, a compelling argument can
be advanced that a special warning should be triggered.
The tragedy of the miscarriage
of justice which befell Guy Paul Morin stands as a warning to
the practitioners and members of the criminal justice system
to be extremely wary of evidence provided via jailhouse informers.
If a further caution were necessary one need look no farther
that R. v. McInnis,53 where it was shown that informers
do know that they will receive a benefit as a result of providing
information. This danger is exacerbated by police interaction
with these people where the police do not constantly remain alive
to the consequences of their actions. In McInnis, the
trial judge concluded that the individual who presented himself
as a jailhouse informer had commenced a mission on his own volition
to use the accused as his means of obtaining freedom.54 The informer
gathered information about a piece of evidence which he ascertained
(via contacts with the police) was crucial and had discussions,
albeit brief, with police about what would constitute sufficient
information. Noting the dangers of the jailhouse informants,
a judge of the Manitoba Queen's Bench commented on the facts
from McInnis:
The informer, after having
obtained some statements and information for the police, went
to them in an attempt to make a deal. The police refused to make
any deal until they knew the extent of the conversations with
the accused. The police rejected certain preliminary comments
by the informer, saying that they were insufficient. The evidence
indicated that the informer saw using the accused and information
he had as his ticket to freedom. Despite his expectation that
he could make some deal with the police upon the delivery of
valuable information, and even in a situation where he actively
elicited information from the accused, the court found that the
informer was not a state agent.55
Therein lies the need to heed
the recommendations outlined in the Kaufman Report. If the police
tell informers what the shortcomings of the information provided
are, and what would be required to be satisfactory, the reality
(absent any mala fides on the part of the police) is that
jailhouse informers will be able to better tailor fabricated
confessions to avoid immediate doubt on the part of the police.
By the time a trial judge must decide whether or not to provide
a Vetrovec caution, the accused has already endured a
tremendous hardship (assuming the jailhouse confession was indeed
fabricated). Where the information provided by the jailhouse
informer is significant to the CrownÕs decision to proceed,
such a hardship could be avoided by greater diligence on the
part of the police.
A corollary of this argument
is the manipulation by the authorities of the informerÕs
vulnerable position. Although the informer has valuable information
which provides leverage, the jailhouse informer, nonetheless,
is in the custody of the state. An example of alleged coercion
by the authorities is found in the United States of America
v. Campbell.56 This occurred in the context of an
extradition proceeding where a jailhouse informer provided evidence
used at the hearing that ultimately determined that the requesting
state was entitled to a warrant for committal in respect of certain
counts. In addition to the affidavit setting out the fugitive's
confession, the informer swore the following in a subsequent
affidavit (both found to be admissible and a matter of weight):
After my sentencing I was
presented with affidavits that I was told I had to sign. These
affidavits were to be used in a different extradition request
that concerned other Canadian citizens. It was made clear to
me that my continued cooperation was required; if I did not sign
the affidavits, my plea agreement would be revoked, and I would
again be liable to up to imprisonment for life without parole,
and if I were ever to return to Canada, once I arrived I would
be facing further charges here. There would be no sentence reduction
motion, because I would be re-sentenced on additional matters
in addition to the original charges to which I had pleaded guilty.
My choice was to sign the affidavits
in connection with that extradition request, or else face again
the sentence of life imprisonment without parole. I was told
by my counsel that I had no choice. I signed those affidavits.
It seems reasonably well-settled
that in any jury trial in Canada where a jailhouse informant
is called by the prosecution as a witness, a clear and sharp
warning about concerns with respect to their reliability will
invariably follow. However, this kind of evidence may simply
be a vestige of the past and may rarely appear in a Canadian
courtroom. It is in the area of co-operators and accomplices
where the line between a reliable witness and a discredited witness
may be blurred. Surely in any case where there is an aspect of
tangible gain to the witness in coming forward, a compelling
case can be made for a warning. Whether the law develops in this
fashion still remains an unsolved question.
- 1 [1982] 1 S.C.R. 811.
- 2 See id. at 813-14.
- 3 See id. at 830-32.
- 4 See id. at 811-12.
- 5 Id. at 823.
- 6 See id. at 821-22.
- 7 Id. at 831-32 (emphasis
added).
- 8 See R. v. Bevan,
[1993] 2 S.C.R. 599.
- 9 See HON. FRED KAUFMAN,
THE COMMISSION ON PROCEEDINGS INVOLVING GUY PAUL MORIN (ONTARIO
MINISTRY OF THE ATTORNEY GENERAL 1998), available at http://www.attorneygeneral.jus.gov.on.ca/html/MORIN/morin.htm
(last visited Mar. 18, 2002) [hereinafter MORIN COMMISSION].
- 10 See id. at Executive
Summary, at 1-4.
- 11 See id. at 9.
- 12 See id. at 14.
- 13 Id.
- 14 Id.
- 15 See id. at Jailhouse
Informants, at 555-60.
- 16 Id. at 567.
- 17 See id. at 599-600.
- 18 See id. at Recommendations,
No. 38, at 12.
- 19 Id. at Recommendations,
No. 39, at 12.
- 20 See id. at Jailhouse
Informants, at 634-35.
- 21 See id. at Recommendations,
No. 41, at 13-15.
- 22 See id. at Recommendations,
No. 36, at 11.
- 23 See generally id. at
Executive Summary, at 9.
- 24 [2000] 1 S.C.R. 237.
- 25 See id. at 240-41.
- 26 See MORIN COMMISSION,
supra note 9, at Executive Summary, at 9.
- 27 See id. at Jailhouse
Informers, at 602-03; see also id. at Recommendations,
No. 40, at 13.
- 28 See Mark Sandler,
Lessons for Trial Judges from the Morin Inquiry, Presentation
to the Manitoba QueenÕs Bench Seminar (Spring 1999) (on
file with author).
- 29 See id.
- 30 See id.
- 31 [1999] 135 C.C.C. (3d)
1.
- 32 Id. at 31.
- 33 R. v. Brooks, [2000]
1 S.C.R. at 270-73.
- 34 See id. at 237-39.
- 35 See id. at 239.
- 36 See id. at 284-85.
- 37 Id. at 287 (Binnie,
J.) (quoting M. Rosenberg, Developments in the Law of Evidence:The
1992-93 Term, 5 S.C.L.R. 2d 421, 463 (1994)).
- 38 Id. at 287.
- 39 Id. at 275 (Major,
J.).
- 40 Id. at 275-76 (Major,
J.).
- 41 Id. at 244-45 (Major,
J.).
- 42 Id. at 286 (Binnie,
J.).
- 43 Id. at 288 (Binnie,
J.).
- 44 See id. at 276 (Major,
J.).
- 45 [2000] 143 C.C.C. (3d)
367.
- 46 See id. at 395.
- 47 See R. v. Babinski,
[1999] 135 C.C.C. (3d) 1, 8-9.
- 48 [2001] N.J. No. 25.
- 49 See id. ? 36.
- 50 See R. v. Bevan,
[1993] 2 S.C.R. 599.
- 51 2000 W.C.B.J. LEXIS 10543
at *1 (Novia Scotia Ct. App.)
- 52 See id. at 192-93.
- 53 [1999] 44 O.R. (3d) 772.
- 54 See id. at 782.
- 57 55 R. v. Brown [2000] M.J.
No 252, at 36.
- 56 [1998] B.C.D. Crim. J.
178.
- 57 Id. at 188-90.
|
Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
Truth suppress'd, whether
by courts or crooks, will find an avenue to be told. Sheila Steele, injusticebusters.com
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of Truth, It will burst out its rib-cage. Somali proverb
Publisher : Sheila
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Got something
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Another target
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Our activism
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Index
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and you have a name or keyword, please use the site search engine(at
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Index to Saskatoon Police stories
This is a pretty good scrapbook
for the 1998-2002 period.

Inquiry into the malicious prosecution of David
Milgaard untanling 36 years of Saskatchewan police and Crown
misconduct: : Opening day 1 | 2
| 3 | 4
| 5 | 6
| 7 |
-
- Stephen Williams:
Canadian writer subject to Stasi-like treatment by Canadian police
- Terry
Arnold: : Snitch a
suicide?
- RCMP
scenario stings: Brian
Hutchinson starts digging
- Gary
wells: Faulty eye-witness
testimony
-
- Tulia,
Texas
- Gilmer,
Texas
- Willie
Upshaw
- Wrongfully convicted in Canada
- Foster Parent false accusations
- Martensville
- Don
Smith obscenity trial: an obscene conviction
- James
Lockyer
- Hurricane
Carter
- Johnny Cochran speaks up for
Bill Sampson
- Vopnis
- Abdulai
Mohamed

The Terrible Story behind the Atif Rafay and
Sebastian Burns convictions

Trial
set for June 15
We
know part of this disclosure is a forged statement and perjured
affidavit from a Winnipeg cop
-
-
-
-

The
Crown is still fighting Fred Poirier -- and they are losing.
Secret Commissions Case from Northern B.C.
-
-
- 2005: In
the United States the proven wrongful convictions just keep coming
at us!
Canadians who
have been wrongfully convicted because of improper investigations
combined with zealous Crown
A
round-up of wrongful convictions in Canada
- Robert
Baltovich
- Michael Burns
- Sebastian Burns
- Rodney
Cain
- Wilbert
Coffin
(hanged, 1953)
- Jason
Dix
- Jim
Driskell
- Jody
Druken
- Randy
Druken
- Hugues
Duguay
- Michel Dumont
- Peter
Frumusa
- Walter
Gillespie and Robert Mailman
- Clayton Johnson
- Yvonne Johnson
- Herman
Kaglik
- Darren
Koehn
- Kulaveeringsam
"Kulam" Karthiresu
- Stephen Leadbeater
- Donald Marshall
- Chris McCullough
- Michael
McTaggart
- Felix
Michaud
- David Milgaard
- Guy
Paul Morin
- Shannon
Murrin
- Jamie
Nelson
- Greg
Parsons
- Benoit Proulx
- Atif Rafay
- Louise
Reynolds
- Thomas
Sophonow
- Gary
Staples
- Billy
Taillefer
- Steven
Truscott
- Joe
Warren
- Leon
Walchuk
-
- AIDWYC
- Innocence Project (Canada)
- Innocence Project (U.S.)
- Northwest Law Center on Wrongful Convictions
-
- Kirstin Lobato
- Jeffrey
Scott Hornoff
- Willie
Upshaw
- Hurricane
Carter
- Guildford
4
- Birmingham
6
- Amirault
- Houston
- U.S. wrongful convictions:
Exonerateed
- Laurence
Adams
- Ludrate
Burton
- Stephen
Cowans
- Wilton
Dedge
- Albert
Johnson
- Kenneth
Marsh
- Dwayne
McKinney
- James
Bernard Parker
- Peter
Reilly
- Peter
Rose
- Sylvester
Smith
- Clifford
St. Joseph
- John
Stoll
- Marty
Tankleff
- Wilton
Dedge
- Ray
Krone
-
- Still working on it:
- Dennis Deschaine
- Dennis
Perry
- Tim
Sandfort
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Revitalizing the
archives
From 1998 until
2002, injusticebusters was in the throes of identity crisis.
What was it? What were we doing? We grappled with editorial policy
at the same time we were learning the nuts and bolts of building
and posting a website. Once we had a secure, paid site I had
full editorial control, although I talked regularly to Richard
Klassen who was forced to move his family several times and did
not always have access to the internet. Rick's pages: one | two
We posted our
earliest and later actions.
Early versions
of the site can be found on the Wayback Machine.
I began following
other threads to stories of police and prosecutorial misconduct
and the site's character took on another facet: a newsclipping
scrapbook where stories could live longer than they would in
print form. I also began picking up other stories of wrongfully
convicted people. It was an explosion. By 2003 there were over
700 pages. I also had contact with several other people (Don Smith, Leon Walchuk, Monique Turenne, the Vopnis) and kept these stories
going.
It was the
story of the Ross children's treatment at the hands of the Saskatchewan
government which grabbed the attention of The
Fifth Estate.
The civil claim (The $10M Lawsuit as we called it) was only mentioned
briefly at the end of their show which aired in November, 2000.
When Richard
Klassen began to make progress in bringing his civil claim to
court, the government and police defendants alleged he was breaking
the rules of court by publishing discovery material on the internet.
- MacNeil clinic (the document which started it all)
- The Thompson Papers
- Carol
Bunko-Ruys reports
This claim
was absolutely false. However, rather than risk being thrown
out of his civil claim, Klassen undertook before Judge Mona Dovall
to sever all ties with the website.
The court fights:
- Les
Perreaux report
- QB271
These pages have links which
lead to other pages from that era. Now that some of the dust has settled,
I have been going back through the material we had posted in
the early days. In the spirit of keeping the scrapbook alive,
I have been reformatting and placing links. The original material
remains intact. I hope the information, which chronicles our
struggle is useful to you.
The identity
crisis is over. We know who we are --Sheila Steele, March
28, 2005
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Blogging
Blogging has been in the news.
It is the new, trendy thing with 40,000 new blogs being created
each day. I established a blog for this website last September
and it is now "taking off." These are a few of the
pages with ongoing discussions.
- Tasering Mary Lutz
- Saskatchewan Centenary
- Quint Blog discussion
- Rotten apples in the Saskatoon Police
- Blogging for choice
- Michael Cardamone witch hunt
- Implement recommendations of public
inquiries
- Stealing from the poor
- Vancouver's killer cops
- Tisdale rapists appeal
- Winnipeg police misdeeds
- Milgaard Inquiry
- Chief Sabo: can he be trusted?
- The Old Boys' Club Must Go!
- Vancouver activists
- John Hudak: Falsely accused mountie
- City of intolerance
- Constable Larry Lockwood: Exciteable!
- Eric Cline
This is a great way for like-minded
people to communicate and share our views. It is easier than
making a website and marginally more difficult than a forum.
People who want to contribute
simply have to punch the "comment" link and they will
be taken to a page with a box which allows them to write their
comment, preview and post it. It takes a while for the comment
to show up and some people get impatient and repost. That's fine,
I trash the duplicate posts and no harm done.
Please, please give it a try.
The internet is distinguished from other media in that it is
really and truly interactive. Blogging makes it possible to express
your viewpoint even if you don't have a computer. You can go
to the library or a friend's place or an internet cafe. Once
you've mastered the basics (and believe me, if I can do it, you
can do it) you will be participating in one of the most democratic
-- and potentially powerful -- media the world as we know it
has ever seen.
Come on. Don't be shy. Join
the Weblog World! -- Sheila Steele, March 20, 2005
Toronto Police paid out $30M in secretly resolved
claims over last five years
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