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Date: April 30, 2024 Tue
Time: 3:46 am
Time: 3:46 am
Results for miscarriages of justice
1 results foundAuthor: Canada. Federal/Provincial/Territorial Heads of Prosecutions Subcommittee on the Prevention of Wrongful Convictions Title: The Path to Justice: Preventing Wrongful Convictions Summary: In the fall of 2002, the Federal/Provincial/Territorial Heads of Prosecutions (HOP) Committee established a Working Group on the Prevention of Miscarriages of Justice in response to a number of wrongful convictions that had been identified and studied across the country. The mandate of the Working Group was to develop a list of best practices to assist prosecutors and police in better understanding the causes of wrongful convictions, and to recommend proactive policies, protocols and educational processes to guard against future miscarriages of justice. Two years later, the Working Group, composed of senior police and prosecutors from across the country, completed and presented the Report on the Prevention of Miscarriages of Justice (the “Report”). It was released to the public by Federal, Provincial and Territorial Ministers Responsible for Justice on January 25, 2005. The 165-page Report comprehensively explored common causes of wrongful conviction. In addition, the findings and recommendations made by commissions of inquiries into wrongful convictions throughout Canada and internationally were collected and examined. Most importantly, the Report provided clear, comprehensive and practical recommendations for improvements to the criminal justice system which were designed to reduce the likelihood of wrongful convictions. The Ministers lauded the strong collaboration that produced the Report, viewing it as “a clear signal that prosecutors and police take the issue of wrongful convictions seriously.” The Canadian Association of Chiefs of Police (CACP) issued a news release welcoming the Report and asking all police agencies to review their policies and procedures to ensure consistency with the Report’s recommendations. Then CACP President Edgar Macleod stated: It is important that all players in the justice system – police, prosecutors, the judiciary and defence bar – work together and thereby effectively reduce the risk of wrongful convictions. Following release of the Report, each prosecution service (federal and provincial) conducted an in-depth review of its policies to assure compliance with the recommendations. Several services are now adding separate chapters in their policy manuals on preventing wrongful convictions. Similarly, many police forces conducted in-depth reviews of the recommendations. As a result, a number of police departments have developed training modules that focus on the common causes of wrongful convictions and the best practices to prevent them in the conduct of criminal investigations. Nationally, the Report has been cited at all levels of Court, including the Supreme Court of Canada. The National Criminal Justice Section of the Canadian Bar Association appreciated the Report’s “many practical suggestions” and commended the Working Group on its recommendations. It has been studied at conferences in several countries, and is now part of the curriculum in several law school courses dedicated to the study of wrongful convictions. In short, the Report has had a significant influence and has been an important catalyst in shedding light on the causes and circumstances leading to wrongful convictions. While such cases are mercifully infrequent, the troubling number of Canadians convicted of crimes of which they are factually innocent has heightened the urgent need for implementation of the Report’s recommendations. The 2005 Report suggested that its recommendations be continually reviewed and updated in order to incorporate developments in the law and technology and recommendations made by subsequent commissions of inquiry. It was recommended that, at a minimum, a full review should take place five years after the Report’s publication. Even before the Report was released by Ministers, the HOP Committee did indeed establish a permanent committee on the prevention of wrongful convictions. The Subcommittee generally meets twice a year to share information and best practices, and the latest developments, educational activities, cases and emerging issues. It reports to the HOP Committee at each of its twice-yearly meetings. Thus, there now exists an established network of senior police and prosecution officials with expertise in these issues, which meets regularly to discuss best practices on the prevention and detection of wrongful convictions. One of the Subcommittee’s major projects has been the completion of this updated Report. As will be seen in this update, the prevention of miscarriages of justice remains an overarching goal in criminal justice. The format of this update mirrors the original report: it provides a summary of developments in the law and reports on efforts to implement the 2005 recommendations. Those recommendations are re-examined in light of events over the past six years and, where appropriate, modifications are suggested. It also highlights international developments since 2005 and summarizes the key findings of Canadian commissions of inquiry held since the 2005 Report. Details: Ottawa: The Committee, 2011. 233p. Source: Internet Resource: Accessed September 20, 2011 at: http://www.ppsc-sppc.gc.ca/eng/pub/ptj-spj/ptj-spj-eng.pdf Year: 2011 Country: Canada URL: http://www.ppsc-sppc.gc.ca/eng/pub/ptj-spj/ptj-spj-eng.pdf Shelf Number: 122789 Keywords: Judicial ErrorMiscarriages of JusticeWrongful Convictions (Canada) |