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This was the most crucial piece of my research. This goes into depth about the whole process from start to end.

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Justice Patrick LeSage, who served as the Commissioner for the Inquiry into Certain Aspects of the Trial and Conviction of James Driskell, began his report by stating that "Failure to disclose information to [James] Driskell is the central issue of this Inquiry" and that "At that heart of [this] ...

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This article by CBC reviews James Driskell's case.

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James Driskell

After more than a decade in prison and mounting evidence that he was wrongfully convicted in the murder of Perry Harder, the legal ordeal of James Driskell appears to be over.

But he hasn't been exonerated.

The federal justice minister, Irwin Cotler, ordered a new trial for Driskell, following a review of his case. The inquiry started on July 18, 2006.

Cotler concluded that "a miscarriage of justice likely occurred in Mr. Driskell's case. Accordingly, I am granting the application for ministerial review, quashing the conviction, and ordering a new trial."

Despite that, the Manitoba government has decided there's no point in holding a new trial.

Robert Morrison, the prosecutor in charge of the case, said the Crown's case has been "undermined and weakened." Morrison says it's not likely Driskell would be convicted again, so he has asked that the charge be stayed.

Driskell was convicted of first-degree murder of Harder in 1991. Harder had been shot several times in the chest in September 1990 in Winnipeg. Driskell ï¿½ his friend ï¿½ was sentenced to life in prison.

Harder's body was found in a shallow grave near some railway tracks. Police alleged Driskell killed Harder because he implicated Driskell in a series of break-and-enters. Driskell has denied any involvement in the crimes.

The Association in Defence of the Wrongly Convicted said a Winnipeg RCMP lab incorrectly analysed three hairs used to convict Driskell. An RCMP analyst testified at the trial the hairs, found in Driskell's van, belonged to the victim. The prosecution argued Driskell murdered Harder in the van.

According to test results from the Forensic Science Services in England, none of the hairs belonged to Harder.

The association also said a key police witness, Ray Zanidean, tried to recant his testimony. Zanidean, a convicted thief, got a deal from the police in which they paid his legal fees and covered mortgage payments that were in arrears. The Crown gave him a $20,000 payment to assist him in starting a new life.

At the heart of Driskell's case is a Winnipeg Police Service review from 1993. Jack Ewatski, now Winnipeg's police chief, is one of its co-authors. He has refused to open up the report.

In March 1993, then-chief Dale Henry launched the review after media reports questioned Driskell's guilt. Ewatski, then an inspector, has said the 175-page report was classified as an internal investigation and was never intended to be released to the public.

Ewatski has emphasized the report did not uncover any evidence "which would lead us to believe James Driskell was not involved in the death of Perry Dean Harder."

The report was finally released Nov. 24, 2003. It revealed several key facts:

The existence of a taped statement by an inmate at Stony Mountain Penitentiary, who contacted the RCMP and alleged a Winnipeg police officer was involved in the Harder murder.

Confirmation that police negotiated a witness protection agreement for key Crown witness Zanidean that was never revealed to the jury.

Zanidean was going to be charged with arson in Swift Current, Sask., and the Winnipeg police made a secret promise to him that he would not be charged for that.

The report also said its authors "have formed the opinion the issue of Ray Zanidean's involvement in the police investigation and subsequent conviction of Jim Driskell remains a concern. Numerous questions were identified relating to his evidence, the circumstances surrounding his involvement with the police as well as his credibility."

Zanidean and the actions of the police service will be among the issues examined at the Winnipeg-based inquiry. Commissioner Patrick LeSage will hear five weeks of testimony from people involved in the Driskell case. He will look at the role of police, the actions of the Crown and questions of disclosure in the case. LeSage has also been asked to determine when someone has met the threshold to be declared factually innocent or wrongly convicted.

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James Driskell After more than a decade in prison and mounting evidence that he was wrongfully convicted in the murder of Perry Harder, the legal ordeal of James Driskell appears to be over. But he hasn't been exonerated. The federal justice minister, Irwin Cotler, ordered a new trial for Driskell, following a review of his case.

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This is the report written on the trial and conviction of James Driskell.

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This video goes through wrongful convictions over the years. This also has a dual purpose as there is a brief overview underneath the video.

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Despite the presumption of innocence and the right to a fair trial, there are still cases in Canada in which innocent people are convicted - most disturbingly, for murder. the fifth estate investigates the murder convictions of four Manitoba men and the Crown prosecutor, George Dangerfield, who presided over all of them.

In the 1980s, as Manitoba's star Crown Prosecutor, Dangerfield was legendary for his creativity and flair in the courtroom and his apparent disdain for defence lawyers. He was successful in getting convictions for some of the most notorious murder cases in that province. But, two of those convictions have been overturned, charges quashed on a third, and a federal review of a fourth is ongoing, making Dangerfield responsible for the most wrongful murder convictions in Canada. In The Wrong Man, reporter Bob McKeown looks back on the three cases and reveals a possible fourth.

At the heart of the story are three men: Thomas Sophonow, James Driskell, and Kyle Unger. Beginning with Sophonow, the prosecution of their cases covered more than a decade. It would take another decade before their convictions began to unravel, with revelations of the Crown's withholding of crucial evidence, bargains and deals with jailhouse informants, questionable testimony and coerced confessions.

In the past year, the case of Frank Ostrowski of Winnipeg became public and fit a familiar pattern. In 1987, Ostrowski was convicted of a murder he insisted he did not commit. The prosecutor at his trial was George Dangerfield. After 23 years in prison, Ostrowski is now out on bail, awaiting a legal decision that will determine if he, too, will join the list of Sophonow, Driskell and Unger.

In interviews with McKeown, the men reflect on their lost years spent behind bars - reputations destroyed, their own lives and those of their families shattered. As for Dangerfield, he is retired now and living in Vancouver, where McKeown confronts him.

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The Wrong Man - Episodes - The Fifth Estate

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Despite the presumption of innocence and the right to a fair trial, there are still cases in Canada in which innocent people are convicted - most disturbingly, for murder. the fifth estate investigates the murder convictions of four Manitoba men and the Crown prosecutor, George Dangerfield, who presided over all of them.

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This image is of Dr. Charles Smith, one of the people responsible for putting James Driskell behind bars.

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Pictured below is James Lockyer, James Driskell's lawyer. He was responsible for freeing many innocent people and is looked upon as a hero.

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This image is a chart of some wrongful convictions. Listed below are some people who we have discussed in class. I found this chart interesting as it tells you a lot of valuable information.

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This is a picture of James after his release. I thought this image was significant because it is his opinion on the entire situation.

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Dr. Charles Smith was a child pathologist. Emphasis on WAS. He was the doctor responsible for convicting not only James Driskell, but many others including William Mullins-Johnson. Most of the cases he testified in turned into wrongful convictions, thus he is now discredited. Below is a video of Mullins-Johnson discussing the issue about Dr. Smith.

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Miscarriage of Justice ~ Neil Miller Case ~ Mistaken Identity

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Philadelphia Court DHS Victims Claims Data R

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Smith begins testifying in child deaths inquiry

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Discredited child pathologist Charles Smith has started testifying at a public inquiry probing systemic errors in pediatric forensics in Ontario.

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In this video, Scott Fraser describes the challenges with eyewitness testimony and its validity. This relates to James Driskell's case as one of the reasons he was sent to prison was due to eyewitness testimony which turned out to be fake. Regardless of the situation, this TEDtalk is intriguing as it makes you question how it can be viable evidence.

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Scott Fraser: The problem with eyewitness testimony

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Jame Lockyer was Driskell's superhero. He freed him after 13 years of time spent in prison. In this video, Lockyer describes the defense of the wrongfully convicted.

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The defence of the wrongly convicted | James Lockyer | TEDxIB@York