Fallibility of Justice in Canada: A Critical Examination of Conviction Review (From Wrongful Conviction: International Perspectives on Miscarriages of Justice, P 117-136, 2008, C. Ronald Huff and Martin Killias, eds. -- See NCJ-225376)

• NCJ Number: 225382
• Author(s): Kathryn M. Campbell
• Date Published: 2008
• Length: 20 pages
• Sale Source: Temple University Press
• Publication Format: Book (Hardbound)
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

The objective of this chapter is to outline the process individuals in Canada must go through when they believe they are victims of a wrongful conviction and provide a critical analysis of its shortcomings.

Abstract

After exhausting all of their appeals, individuals who were victims of a wrongful conviction may apply to the Federal Minister of Justice in Canada for a conviction review. This process involves an extensive review of the circumstances of the initial conviction and in essence provides a last ditch effort at exoneration. This brief overview of the conviction review process, as a last resort for the wrongly convicted serves to illustrate its many challenges, deficits, and difficulties. With sufficient time, resources, and the introduction of new and significant evidence pertaining to their case, such individuals can apply for review, but as the number indicate, the chances of being granted a remedy are improbable. It is argued that the creation of an independent review commission in Canada, similar to the Criminal Cases Review Commission (CCRC) in the United Kingdom is worthy of further consideration. Case illustrations are used to demonstrate the difficulties inherent in this process and arguments are made regarding the need for an independent body to conduct reviews. Tables, notes, and references