Wrongful Convictions in Canada

Abstract

An awareness of the alarming reality of wrongful convictions in both Canada and other criminal justice systems led the Supreme Court of Canada in 2001 to overturn prior jurisprudence that allowed Canada to extradite fugitives to face the death penalty. 1 The Court decided that extradition to face the death penalty would generally violate the principles of fundamental justice in the Canadian Charter of Rights and Freedoms. 2 The Court stressed that DNA would not be available in all cases, 3 and that even "a fair trial does not always guarantee a safe verdict." 4 This case presents a challenge to all courts and policy-makers to do better in responding to the risk of wrongful convictions. 5 It is also a reminder that all criminal justice systems that use the death penalty run an unacceptable risk of executing an innocent person.Another measure of the recognition of the reality of wrongful