Montreal law students convince federal justice minister to review two convictions
Over the past year, a Quebec non-profit that advocates for the wrongfully convicted has convinced the federal justice minister to take a second look at two cases in which people have been declared guilty.
Project Innocence Quebec says its work led Justice Minister Arif Virani in April to order a new trial in the case of Claude Paquin, a Quebec man convicted in 1983 on two counts of first-degree murder. And in October, the organization was able to have the case of M.R., an individual convicted of sex assault against a minor in 2002, returned to the Quebec Court of Appeal for a new hearing.
Nicholas Saint-Jacques, vice-president of Innocence Quebec and a lecturer at the department of judicial sciences at Université du Québec à Montréal, said it's no simple matter to have a case returned to court after a verdict has been issued.
"We are talking about one or two cases a year in Canada for which the minister of justice will grant a corrective action," Saint-Jacques said.
"For us to succeed in a case of this nature is indeed a very big victory."
Paquin's case dates back to events from 1978. He was convicted of murder in 1983 and lost his appeal in 1987. One year later, the Supreme Court of Canada refused to grant a request for leave to appeal.
Now on full parole, Paquin sought a criminal conviction review in January 2020. Project Innocence Quebec has been working on Paquin's file since that year.
On April 29, Virani's office said in a statement that the minister "has determined that there are reasonable grounds to conclude that a miscarriage of justice likely occurred" in Paquin's case. "This determination is a result of the identification of new and significant information that was not submitted to the courts at the time of Mr. Paquin’s trial or appeal, calling into question the overall fairness of the process."
Saint-Jacques said that gathering case details, tracking down witnesses and rebuilding the file can take several years.
"Just putting the file together, putting the puzzle together again, it's very complicated because there are documents that are lost, documents that are found and there are several lawyers who handled the case," he explained.
In Paquin's case, 40 years have passed and many witnesses are no longer alive. "The evidence was based on the testimony of an informant. So, if that informant no longer co-operates with the state, it will be quite difficult to continue with a trial," Saint-Jacques said.
Project Innocence Quebec is an initiative of Lida Sara Nouraie, who began the effort in 2002 as a student. She was named as a judge to the Quebec court last November, putting an end to her implication with the group.
Since 2006, Innocence Quebec has been part of a course at UQAM, where students work on real cases involving judicial errors, while being supervised by a lawyer.
Working on potential wrongful convictions is a tremendous learning opportunity, Saint-Jacques said.
"It makes them aware of criminal law and also of doing one's job well as a lawyer because they are future lawyers who will eventually practise and they can see errors that have been committed by lawyers, by judges, by police officers as well," he said.
This report by The Canadian Press was first published July 18, 2024.
— With files from Sidhartha Banerjee in Montreal.
CTVNews.ca Top Stories
Ottawa woman dies after battle with pancreatic cancer
An Ottawa woman who raised more than $500,000 for cancer research at the Ottawa Hospital has died after a lengthy battle with pancreatic cancer.
Andrew Scheer avoids answering if Conservatives will cancel dental care program
Conservative House Leader Andrew Scheer won't say whether his party will scale back or fully scrap Canada's federal dental care program, despite new data showing nearly 650,000 Canadians have used the plan.
Jane's Addiction concert ends early after Perry Farrell throws punch at Dave Navarro
A scuffle between members of the groundbreaking alternative rock band Jane’s Addiction came amid 'tension and animosity' during their reunion tour, lead singer Perry Farrell’s wife said Saturday.
A landslide triggered a 650-foot mega-tsunami in Greenland. Then came something inexplicable
It started with a melting glacier that set off a huge landslide, which triggered a 650-foot high mega-tsunami in Greenland last September. Then came something inexplicable: a mysterious vibration that shook the planet for nine days.
New evidence upends contentious Easter Island theory, scientists say
Rapa Nui, also known as Easter Island, never experienced a ruinous population collapse, according to an analysis of ancient DNA from 15 former inhabitants of the remote island in the Pacific Ocean.
'We're at a high degree of spread': What you need to know about COVID-19 in Ontario
As we head into another respiratory illness season, here’s a look at where Ontario stands when it comes to COVID-19 and what you need to know.
Air Canada, pilots still far apart as strike notice deadline approaches
Labour talks between Air Canada and its pilots are approaching a midnight deadline, when either side could trigger the start of a shutdown for Canada's largest airline.
MPs to face new political realities on their return to Ottawa
On Monday, Parliamentarians will return to the familiar stone walls of West Block in Ottawa to find the political landscape has shifted significantly.
More new cars no longer come with a spare tire. Here's what you need to know
Vehicles used to come with a "full-sized" spare tire, but about 30 years ago, auto manufacturers moved to a much lighter, smaller tire, sometimes called a "donut spare." But now, depending on the car you have, it may not have any spare at all.