Codified under sections 11(d) and 7 of the Canadian Charter of Rights and Freedoms, the rights to the presumption of innocence and protection of life, liberty, and security of the person are essential aspects of our justice system.
Although these rights are an integral part of our constitution, wrongful convictions, and other miscarriages of justice, continue to be a significant issue. Identifying and understanding the causes of these wrongful convictions is critical to ensuring the integrity of our justice system and our rights.
To understand these causes, education is required. Educational programs are available at other law schools in Canada but not ours. Clinical programs at York University and UBC examine the common themes and mistakes that are repeated in wrongful convictions, including mistaken eyewitnesses, tunnel vision from law enforcement and the Crown, use of jailhouse informants, and out-of-date forensic procedures. Despite our impressive criminal law faculty, Schulich does not offer a course that discusses these issues in depth. It’s time for that to change.
What could a Wrongful Convictions Intensive cover?
There are many risk factors that increase the likelihood of a wrongful conviction. Inaccurate forensic testing, animosity between counsel, especially during criminal cases, and systemic discrimination each play a role in wrongful convictions. Compounding these factors, defence lawyers, like those at Legal Aid, often have unsustainable caseloads that could undermine their best efforts. The Crown and police officers may face pressure to close cases, which can increase tunnel vision on particular defendants. Even with the best intentions, mistakes can be made, and deeply ingrained practices can lead to unjust verdicts. Tense relations that arise from these pressures can detrimentally affect a case’s trial and outcome. Additionally, marginalized people in our communities bear the additional strain of systemic discrimination. These deeply ingrained aspects of our justice system are difficult to change, but they must change. Interdisciplinary education will play a large role in decreasing wrongful convictions. However, addressing these issues – and looking for solutions and remedies – will be key for changing existing cultures and attitudes that have led to our country’s crisis of wrongful convictions.
A Wrongful Convictions Intensive should cover the causes and risk factors of wrongful convictions, current practices and policies for addressing miscarriages of justice, and the advocacy and critical thinking skills needed to implement and address systemic problems. This intensive belongs at Schulich as a school that consistently pushes students and alumni to unselfish public service.
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