A wrongfully convicted person is someone who is found guilty of a crime they did not commit.

The legal system is not perfect. They could be the consequence of poor forensic work, incompetent investigations, erroneous or dishonest witnesses, prosecution blind spots, or just plain old human error. Regardless of the reason, erroneous convictions have disastrous results: lives are lost and reputations are damaged. A procedure known as appeals is available under Canadian criminal law, which makes it possible to find and address certain injustices.

Rights of the Wrongfully Convicted

Someone who is judged guilty of a crime they did not commit is said to have been wrongly convicted.

A wrongful conviction can result from a number of circumstances, including:

• missing details
• incorrectly identifying witnesses
• false admissions
• unfounded charges
• perjury an innocent person’s guilty plea
• forged informant testimony; flawed or untrustworthy forensic evidence; or expert testimony

In the event that someone is wrongfully convicted, they have the right to request a review of their conviction from a higher court, and if that court makes an appeal of the conviction or submits an application to the federal Minister of Justice for a review, they also have the right to appeal the conviction. Generally speaking, an individual who was unfairly convicted must provide fresh and important evidence in their case in order to qualify for a criminal conviction review.

Right to Review a Conviction by Higher Court

The Court of Appeal is the first body the person may request an appeal from after being unfairly convicted. In order for the Court of Appeal to allow an appeal of the conviction, it must determine:

• Either a mistake in law occurred
• the verdict was irrational
• or justice was not served. (A miscarriage of justice is when fresh, reliable evidence comes to light that could have changed the outcome.)

Following review, the Court of Appeal has two options:

• Either deny the appeal, OR
• grant it and overturn the verdict; in the latter scenario, the Court of Appeal will declare the defendant not guilty or mandate a new trial.

If the conviction is upheld by the Court of Appeal, the convicted person can then:

• Submit a request to the Minister of Justice claiming that there has been an injustice in the case; in extreme circumstances, you may also appeal to the Supreme Court of Canada.

Is It Possible to Get Compensation for a False Conviction?

Compensation may be available to those who were falsely convicted, but only in certain situations and on a case-by-case basis.

Have You Been Wrongfully Convicted?

If you have been wrongfully convicted of a crime, contact Collett Read LLP today for a free consultation. If your matter is immediate please contact us at (905) 541-2228.