Conclusion

“Circumstances may accumulate so strongly even against an innocent man, that directed, sharpened, and pointed, they may slay him.” Charles Dickens, The Mystery of Edwin Drood.

The major theme of the 2005 Report was vigilance:

Everyone involved in the criminal justice system must be constantly on guard against the factors that can contribute to miscarriages of justice and must be provided with appropriate resources and training to reduce the risk of wrongful convictions. Indeed, the Working Group believes that individual police officers and prosecutors, individual police forces and prosecution services, and indeed the entire police and prosecution communities, must make the prevention of wrongful convictions a constant priority.

As this update has illustrated, there is a greater level of awareness among Canadian police and prosecutors about the causes and prevention of wrongful convictions. Education about the phenomenon of miscarriages of justice is now a staple of training for rookie and senior officers and prosecutors alike. However, in an era of fiscal restraint and new pressures on the justice system, there is a danger that this promising new level of activity will inevitably diminish. Thus the central message of this report must be the need for continued vigilance.

Specifically, the 2005 Report made three concluding recommendations:

1. Subject to available resources, the Heads of Prosecutions Committee, perhaps in association with the Canadian Association of Chiefs of Police, should establish a resource center on the prevention of wrongful convictions. This could be a Web page or a page on the revamped FPT Heads’ Intranet site.
2. The Heads of Prosecutions Committee should establish a permanent committee on the prevention of wrongful convictions, with continued involvement of the police community through the CACP.
3. The recommendations in this report should be continually reviewed by the committee to take into account developments in the law and technology and subsequent commissions of inquiry. At a minimum, a full review should take place in five years building on the ongoing work of this committee.

Even before the Report was released by Ministers, the Federal/Provincial/Territorial Heads of Prosecutions Committee (HOP) did indeed establish a permanent committee on the prevention of wrongful convictions. Its mandate is:

• The F/P/T Heads of Prosecutions Subcommittee on the Prevention of Wrongful Convictions shall assist prosecutors and police in Canada to take measures to prevent the occurrence of wrongful convictions. In particular, it shall:
• Make recommendations to Heads on how to implement the recommendations of the Working Group on the Prevention of Miscarriages of Justice and how to keep them up to date, in light of legal and technological developments;
• Review any developments in Canada and abroad related to wrongful convictions, including emerging case law, technology, legislation and commissions of inquiry, and report to Heads on any changes in policies, practices and directions that should be implemented, either by individual prosecution services or Heads as a whole;
• Work with individual prosecution services and police forces to develop best practices and educational training to prevent wrongful convictions;
• Report periodically to Heads on its activities and any developments in the area of wrongful convictions; and
• Undertake any work related to wrongful convictions as directed by Heads

Although its membership has evolved as members went on to different jobs (including several to the bench), the Subcommittee has consistently had police representatives, including from the Canadian Association of Chiefs of Police Law Amendments Committee and the RCMP. Currently, its membership includes prosecution representatives from British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick and Newfoundland and Labrador, the Public Prosecution Service of Canada and Department of Justice Canada. There are currently police representatives from the RCMP and one representing both the CACP and Vancouver Police Department.

The Subcommittee generally meets twice a year to share information and best practices. It also shares a great deal of information via email throughout the year about the latest developments, educational activities, cases and emerging issues. It reports to the HOP Committee at each of its twice-yearly meetings.

One of the Subcommittee’s major projects has been the completion of this updated Report.

The Subcommittee does not believe it is necessary to conduct another five-year review. However, the Subcommittee will continue to monitor police and prosecution activities and continue to act as an advocate for change and concerted action in this area. It believes it would be more useful to issue reports on specific issues as they arise rather than to conduct another complete review. And it is recommending a national conference, following on the success of the 2005 Winnipeg conference, to canvass the developments over the past five years, together with the latest issues in relation to wrongful convictions.

There are now a wealth of resources available to police and prosecutors on wrongful convictions. For example, a select list of Web sites is attached at Appendix A. Through this Subcommittee and its expert members, it is now clear that Canadian police, prosecutors and even the judiciary know where to turn for information and expertise on wrongful convictions.

But while the Subcommittee does not recommend another five-year review, the commitment to focusing attention on the issue of wrongful convictions at a senior level must continue and be sustained and supported by the Heads of Prosecutions Committee, Federal, Provincial and Territorial governments, and by the Canadian Association of Chiefs of Police. Much progress has been made in understanding and addressing the causes of wrongful conviction. But “victory” cannot be claimed until the risk of a factually innocent person being convicted of a crime in Canada is eliminated – continued vigilance and much work remains to be done to reach that important goal.

Innocent lives depend on it.