Wrongful Convictions.pdf - Robson Hall Faculty of Law

Wrongful Convictions 23Subsequently, in October 2005, Manitoba announced that, despitethe conclusions reached by the Forensic Evidence Review Committee,“there continues to be a strong case implicating Robert Sanderson in themurders, even with new information related to hair evidence used duringhis trial”. It was not, the Department concluded, “an obvious miscarriageof justice and the province should not endorse a federal review of it”. Theprovince did, however, pledge to “fully co-operate with the process ifRobert Sanderson pursues a federal review under Section 696 of theCriminal Code”. 66 At the time of writing, seven years later, no applicationhas yet been brought under that provision.D. Manitoba’s Further ReactionPublic reaction to the review, and the results of the review, was quitepositive. The only criticism was that it was too narrow, and should beexpanded beyond homicide cases. Manitoba Justice agreed. On behalf ofthe Province, I announced on September 15, 2004 that the review wouldcontinue—this time focusing on cases of sexual assault and robbery.Defence counsel were also invited “to make submissions in relation toindividuals convicted of other indictable offences” involving microscopichair comparison evidence. Once again, the Province gave the Committeeone year to do its work, and once again committed in advance to releasethe results of the review. 67On September 13, 2005 the Committee reported the results of itsreview. Unanimously, the six-person multi-disciplinary review teamconcluded that there were no further cases in Manitoba falling within itsterms of reference that required attention. Significantly, however, theCommittee concluded its report with this observation:That said, this Committee feels that a review process, similar to the one currentlyin place, is essential to maintain public confidence in the administration of66Government of Manitoba, News Release, “Sanderson Case Review Complete”(October 28, 2005) online: Legislative Electronic Publications . See also ShannonKari, “Triple-Murder case against Robert Sanderson looks very different now than1997”, The National Post, November 14, 2009. (reproduced online at: Pro Bono LawOntario ).67“Forensic Evidence Review Committee #2: Terms of Reference”, online:http://www.gov.mb.ca/justice/publications/forensic/assaultrobbery.html.