MLJ Volume 36-1.pdf - Robson Hall Faculty of Law

Wrongful Convictions 23
Subsequently, in October 2005, Manitoba announced that, despite
the conclusions reached by the Forensic Evidence Review Committee,
“there continues to be a strong case implicating Robert Sanderson in the
murders, even with new information related to hair evidence used during
his trial”. It was not, the Department concluded, “an obvious miscarriage
of justice and the province should not endorse a federal review of it”. The
province did, however, pledge to “fully co-operate with the process if
Robert Sanderson pursues a federal review under Section 696 of the
Criminal Code”. 66 At the time of writing, seven years later, no application
has yet been brought under that provision.
D. Manitoba’s Further Reaction
Public reaction to the review, and the results of the review, was quite
positive. The only criticism was that it was too narrow, and should be
expanded beyond homicide cases. Manitoba Justice agreed. On behalf of
the Province, I announced on September 15, 2004 that the review would
continue—this time focusing on cases of sexual assault and robbery.
Defence counsel were also invited “to make submissions in relation to
individuals convicted of other indictable offences” involving microscopic
hair comparison evidence. Once again, the Province gave the Committee
one year to do its work, and once again committed in advance to release
the results of the review. 67
On September 13, 2005 the Committee reported the results of its
review. Unanimously, the six-person multi-disciplinary review team
concluded that there were no further cases in Manitoba falling within its
terms of reference that required attention. Significantly, however, the
Committee concluded its report with this observation:
That said, this Committee feels that a review process, similar to the one currently
in place, is essential to maintain public confidence in the administration of
66
Government of Manitoba, News Release, “Sanderson Case Review Complete”
(October 28, 2005) online: Legislative Electronic Publications . See also Shannon
Kari, “Triple-Murder case against Robert Sanderson looks very different now than
1997”, The National Post, November 14, 2009. (reproduced online at: Pro Bono Law
Ontario ).
67
“Forensic Evidence Review Committee #2: Terms of Reference”, online:
http://www.gov.mb.ca/justice/publications/forensic/assaultrobbery.html.