Wrongful Convictions.pdf - Robson Hall Faculty of Law

24 MANITOBA LAW JOURNAL|VOLUME 36 ISSUE 1justice. This in turn will require vigilance in keeping abreast of developments inforensic science. 68The gauntlet was thus thrown down. The forensic sciences requiredconstant vigilance. And the issue was public confidence. Further reviewswere required, similar to those already done. The Committee had beenestablished provincially, and its authority was confined to Manitoba.There was, however, a subtle message: a much broader review wasessential, perhaps even at the national level. That message was not lost onretired Chief Justice Patrick LeSage, who was about to start a publicinquiry into yet another wrongful conviction in Manitoba. 69E. Commissioner LeSage’s Comments in the Driskell ReportEarlier in this essay I described Commissioner LeSage’s thoughts onthe probative value of hair microscopy evidence found in the Driskellreport. In his report, he also considered whether there were any systemicrecommendations that he ought to make in light of the experience in theDriskell case. 70 Noting AIDWYC’s recommendation to the Commissionthat Manitoba’s review be conducted on a national level, he expressed hisagreement, and said this:I am concerned that the problems identified relating to hair microscopy evidencein Driskell’s case are not unique to his case or unique to Manitoba. I accept thata more extensive review of cases from across the country would be advisable, andencourage the Attorneys General of the Provinces and Territories to worktogether to examine how a case review similar to that conducted in Manitobamight be performed on a national level, and consider the appropriate parametersof such a review. 71F. Canadian Heads of Prosecutions’ ReactionSince the mid-1990s the heads of all prosecution services in Canada(“Heads”), both federal and provincial, have met semi-annually to discuss68Forensic Evidence Review Committee #2, Final Report (Winnipeg: Government ofManitoba, 2005) at: .69Commissioner LeSage was given his mandate by Order in Council dated December 7,2005, and reported to Manitoba on his conclusions on January 29, 2007. See DriskellReport, supra note 9 at 1.70Ibid at 156.71Ibid at 182.