# data[].attributes.headline
A third factor leading to Steven's wrongful conviction

# data[].attributes.subject
A third factor leading to Steven's wrongful conviction

# data[].attributes.body
This is the resource from where I gathered a detailed information about Steven truscott's case, the circumstances and the consequences.

# data[].attributes.attachment_link.description
A third factor leading to Steven's wrongful conviction was the limited scientific knowledge available at the time. Scientific advancements in the intervening 45 years - most notably, a deeper understanding of the numerous factors that could affect the rate at which the stomach empties - shed light on problems with the Crown's case that were not evident at the time of Steven's trial.

# data[].attributes.headline
Documentary based on Steven Truscott wrongfully conviction 

# data[].attributes.subject
Documentary based on Steven Truscott wrongfully conviction 

# data[].attributes.body
Playwright Beverly Cooper joins the agenda to talk about innocent lost.

# data[].attributes.headline
The picture of Steven Truscott when he was 14 year old. 

# data[].attributes.subject
The picture of Steven Truscott when he was 14 year old. 

# data[].attributes.headline
The anniversary of Steven Truscott’s death sentence: From guilt to innocence

# data[].attributes.subject
The anniversary of Steven Truscott’s death sentence: From guilt to innocence

# data[].attributes.body
This article highlights some of the potential questions that should be answered in order to present viewpoint of government.

# data[].attributes.attachment_link.readable_text
Carolyn Strange Australian National University
On Oct. 1, 1959, Canadians awoke to stunning news: A fourteen-year-old boy had been sentenced to death for the rape and murder of a schoolmate. The two-week trial that ended with the judge's statement - that Steven Truscott be "hanged by the neck until dead" - was closed to the media. But that was about to change.

Truscott was "wrongfully convicted" of the murder of Lynne Harper, his 12-year-old schoolmate in southwestern Ontario. Although his name is now synonymous with the term wrongful conviction in Canada, it wasn't a phrase widely used until the 1980s, when DNA evidence was first employed to save convicts from death row in the United States and to release Canadian prisoners serving life sentences for murder.

Why did it take so long for Truscott's conviction to turn into a wrongful conviction?

The short answer is that no viable DNA remained to rule out Truscott as Lynne Harper's killer, nor to identify the person responsible for the crime. But a deeper explanation lies within the politics of the death penalty in Cold War Canada.

Sex murder in the Cold War era

Diefenbaker came to office proud of his reputation as a criminal defence lawyer. None of the homicide suspects he represented was accused of committing a sexual murder. However, he did defend one man, executed for murder, whom he believed was innocent.In 1959, it was unusual for a teenager to be sentenced to death, but the execution of men convicted for sex murders wasn't uncommon. In 1957, for example, two men - Gerald Eaton and Joseph-Pierre Richard - were hanged for the murders of girls in British Columbia and New Brunswick, respectively. Both executions took place after John Diefenbaker's Conservatives put an end to the Liberals' 22-year hold on government.

This may have contributed to his inclination to spare Truscott the death penalty, because when news broke that the teenager faced execution, Diefenbaker did not approach the case as a miscarriage of justice.

Instead, he proceeded on the assumption that the boy's death sentence could be commuted.

Mindful of public opinion

Since 1869, federal statutes in Canada set the terms by which cabinet members could advise the governor general - the British monarch's representative in Canada - to exercise the royal prerogative of mercy.

That means that since Canada became a nation, elected politicians who served in the federal cabinet effectively determined the fate of people condemned to death. The 1950s was the first decade in which ministers exercised discretion over the death penalty with public opinion in mind.

Polling on Canadians' attitudes toward capital punishment showed that in 1953, seven of 10 Canadians supported the death penalty. But by 1958 and 1960, polls showed that only half of Canadians believed the death penalty was the appropriate punishment for murder.

(Court handout/Creative Commons)

The Conservative cabinet likely felt confident that the majority of Canadians would approve of their decision, made on Jan. 21, 1960, to spare Steven Truscott the death penalty.

The announcement occurred on the same day the Ontario Court of Appeal dismissed the Truscott defence lawyer's claim that the trial had been conducted in a manner that favoured the prosecution. The commutation came with the usual commuted sentence: Life imprisonment.

For most Canadians, the proceedings probably confirmed that their criminal justice system worked. The investigation of a murder had produced a suspect who was properly indicted and tried before a jury. He was granted the benefit of legal representation.

The verdict confirmed his guilt. And the commutation of his sentence showed that Canadian justice was tempered with mercy.

Why did Canadian attitudes about capital punishment change?

In the late 1950s, the abuse of individual rights in the Soviet Union and its satellites was big news and had captured the attention of Canadians, especially miscarriages of justice.

Totalitarian states conducted show trials in which the verdict was a foregone conclusion. In contrast, Canada's Criminal Code allowed appeals on the basis that a "substantial wrong or miscarriage of justice" had occurred if a criminal verdict appeared inconsistent with the evidence.

The Canadian Bill of Rights, which came into effect eight months after the commutation of Truscott's sentence, exemplified the distinction between the free world and the Communist regime, which valued the collective over the individual.

The bill included the right to a fair trial and the presumption of innocence. But it also declared that "institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law."

To question the outcome of the Truscott trial and the court's dismissal of the appeal was, in 1960, equivalent to challenging the rule of law and the heritage of British justice, which was the foundation of Canada's justice system.

(Amazon)

Another principle enshrined in the 1960 Bill of Rights, the freedom of the press, led to a shift in public opinion. Truscott may have faded from public consciousness if journalist Isabel Le Bourdais had not published her book on his case in 1966. Innocuously titled The Trial of Steven Truscott, it convinced most readers that Truscott's conviction was unfair.

The numerous books, articles and documentaries that followed Le Bourdais' exposé, together with further appeals argued before the Supreme Court of Canada and the Ontario Court of Appeal, resulted in the official affirmation from the federal government in 2004 that "a miscarriage of justice had likely occurred" in the investigation into Lynne Harper's murder and the prosecution of Steven Truscott.

In 2008, Truscott received substantial compensation a year after the Ontario Court of Appeal acquitted him of the charge of murder. Yet it did not declare him innocent.

Why?

In 1966, after Parliament debated the abolition of capital punishment, Diefenbaker, no longer in office, revealed that his cabinet would likely have authorized Truscott's execution if he had been older. Le Bourdais' book convinced him that the government must offer Truscott a new trial, "the facts ascertained, and justice be in fact done."

As the 60th anniversary of Steven Truscott's conviction approaches next year, a distinct pronouncement of his innocence would be justice delayed - but finally done.

Carolyn Strange, Professor of History, School of History, ANU, Australian National University This article is republished from The Conversation under a Creative Commons license. Read the original article.

# data[].attributes.attachment_link.title
Anniversary of Steven Truscott's death sentence: Guilt to innocence

# data[].attributes.attachment_link.description
Carolyn Strange Australian National University On Oct. 1, 1959, Canadians awoke to stunning news: A fourteen-year-old boy had been sentenced to death for the rape and murder of a schoolmate. The two-week trial that ended with the judge's statement - that Steven Truscott be "hanged by the neck until dead" - was closed to the media.

# data[].attributes.body
This is the video was taken outside of court room  on the day of Steven's aquittal

# data[].attributes.attachment_link.entities[].name
Worst Cases Of People Being Wrongly Accused

# data[].attributes.attachment_link.description
A Canadian court acquitted Steven Truscott today and called his murder conviction "A Miscarriage Of Justice". http://www.audiobooks.com/audiobook/think-and-grow-rich/198261

# data[].attributes.headline
finally family day! Decision to acquit Truscott draws cheers

# data[].attributes.subject
finally family day! Decision to acquit Truscott draws cheers

# data[].attributes.body
finally the wait is over this is the picture of Steven Truscott with his family, a proud family who has earned three things at a time which includes respect,money and family member.

# data[].attributes.attachment_link.readable_text
Moments after Steven Truscott was acquitted of murder on Tuesday, Canadians from across the country were applauding the news.

Dozens wrote to CBCNews.ca to share their thoughts after the Ontario Court of Appealruled thatTruscott's convictionin the 1959 killing of his classmate was a miscarriage of justice.

"Steven's plight has consumed most of my life," H.J. Cudd wrote from Whitby, Ont. "It is an overwhelming relief for me as an onlooker and follower to witness the now senior Mr. Truscott's acquittal finally after almost 50 years.

"Justice has been done today and an innocent man and his family can begin to experience life as normal human beings and citizens of this country."

SeveralCBCNews.ca readersexplained they have beenfollowing the case since June 11, 1959, when Lynne Harper, 12,was found dead in a wooded area near Clinton, Ont, just two days after she and Truscott went for a bicycle ride.

Truscott, who was only 14 at the time, was sentenced to be hanged, making him Canada's youngest death-row inmate. His sentence was eventuallycommuted to life imprisonment, and he was paroled in 1969.

Truscott, who always maintained his innocence, had been fighting to clear his name since 1997. Many wrote to CBCNews.ca to praisethat fight, and his refusal to publicly lash out orexpress bitterness.

"I am in awe of the quiet dignityhe has shown throughout this unimaginable ordeal," Linda Pefanis of Montreal wrote. "I fully agree with this decision and applaud it. It's been long overdue. It horrified me to think how close he came to losing his life."

Calls for Truscott's full exoneration

Others said they lamented that court didn't takethe additional step of exonerating Truscott. In its written decision, the court stated that it is "not satisfied that the appellant has been able to demonstrate his factual innocence."

"Ontario has washed its hands of Steven with an acquittal," George Walsh of Victoria, B.C., wrote. "That is not an exoneration. The battle for justice is still not yet won."

"This issue remains a tragedy in Canadian history," added Yvonne MacDonell of Edmonton. "This poor man, Steven Truscott, has still not been exonerated for the murder of Lynne Harper. Is it justice to partially right a wrong?"

SomeCBCNews.ca readersdiscussed compensation, saying Ontario must pay Truscott for his ordeal.

Tom Kirkpatrick of Vancouver said Truscott should be honoured.

"What can we give Mr. Truscott to make up for his lost youth and so many years of his life?" Kirkpatrick wrote. "If there is one man deserving of the Order of Canada, it is Mr. Truscott. I am proud to call him a Canadian."

# data[].attributes.attachment_link.title
Decision to acquit Truscott draws cheers | CBC News

# data[].attributes.attachment_link.description
Moments after Steven Truscott was acquitted of murder on Tuesday, Canadians from across the country were applauding the news. Dozens wrote to CBCNews.ca to share their thoughts after the Ontario Court of Appealruled thatTruscott's convictionin the 1959 killing of his classmate was a miscarriage of justice.

# data[].attributes.headline
Steven Truscott got $6.5 compensation for wrongfully convicted 

# data[].attributes.subject
Steven Truscott got $6.5 compensation for wrongfully convicted 

# data[].attributes.body
Steven truscott lost his big part of life time due to wrongful conviction so government decided to compensate it with $6.5 milion.

# data[].attributes.attachment_link.readable_text
The Ontario government will pay Steven Truscott $6.5 million for suffering a "miscarriage of justice" and living 48 years with the stigma of being wrongfully convicted of a rape and murder he did not commit.

"We are doing what we can to bring to the conclusion this remarkable aspect of Mr. Truscott's life's journey," Ontario Attorney General Chris Bentley said Monday in Toronto.

"We are doing what we can to conclude this journey, and it is my hope that Mr. Truscott and his family will now be able to spend all their time on the rest of life's journey."

He added that Truscott's wife, Marlene, will get $100,000 in compensation for the time she spent working to clear Truscott's name.

The announcement comes almost a year after the Ontario Court of Appeal acquitted Truscott of murder in the death of his friend, 12-year-old Lynne Harper, in the southwestern Ontario town of Clinton in June 1959. The court said his conviction was a "miscarriage of justice."

Truscott was just 14 years old when he was convicted in September 1959 after a 15-day trial. He was initially sentenced to hang, making him Canada's youngest death-row inmate, but after four months on death row, the sentence was commuted to life in prison.

He was granted parole at age 24 in 1969, after serving 10 years in jail.

Bentley said the government's decision to compensate was based on the advice of retired judge Sydney Robins, who was asked to study whether compensation would be appropriate, and if so, how much should he get?

'No amount of money could ever truly compensate Steven'

In a written statement, Truscott and his wife called the compensation a "final and long-awaited step in recognizing Steve's innocence." Still, the couple said the money is bittersweet.

"Although we are grateful for the freedom and stability this award will provide, we are also painfully aware that no amount of money could ever truly compensate Steven for the terror of being sentenced to hang at the age of 14, the loss of his youth or the stigma of living for almost 50 years as a convicted murderer," the Truscotts said.

Robins, in a written report outlining how he decided how much Truscott should be paid, noted there is no legal obligation to compensate Truscott, Still, he said not compensating Truscott would leave him with a stigma, a suggestion of guilt.

"The total amount paid to Mr. Truscott should be enough to ensure that he can live the remainder of his life with financial security, and in comfort and dignity, able to assist his family as he sees fit," Robins wrote.

"It should also be enough to send a clear signal to the public that the government recognizes the enormity of the suffering that this miscarriage of justice has caused."

The Harper family has yet to comment publicly on the compensation package. Harper's father, Leslie Harper, has said he was stunned by Truscott's acquittal and fears Truscott only sought to clear his name for financial reasons.

Since the acquittal, no one else has been charged with Harper's slaying. Over the years, other people have been named in the media as potential suspects. They include Alexander Kalichuk, an air force sergeant with a history of sexual offences who lived near the military base where Truscott and Harper grew up. Kalichuk, a heavy drinker, died in 1975.

Suffering considered in compensation decision

In awarding Truscott $6.5 million, Robins said he considered the emotional turmoil he has endured.

"There is no question but that Mr. Truscott's conviction, incarceration and parole forever altered his life," Robins wrote.

He noted that Truscott, who now lives in Guelph, Ont., suffered from loneliness, isolation and a loss of privacy while spending his teenage years and early adulthood in prison. Robins talked of the terror Truscott felt knowing when he thought he was going to die, including the day Truscott heard hammering outside his prison cell and was certain it was prison guards building the scaffolding where he would be hanged.

Once released from prison, Robins noted that life wasn't easy for Truscott. Under the conditions of his parole, which lasted until last year's acquittal, he couldn't leave the country or move without informing authorities. He was told to change his name to avoid attention.

Truscott and his wife married in secret in 1970 to avoid publicity and moved nine times to protect the safety of their three children, Robins said. He said Truscott suffered from nightmares and social anxieties, and has become extremely shy and hesitant.

But despite all the hardship, Robins said Truscott has been "an exemplary citizen," working steadily as a machinist and millwright, providing a stable life for his family and always abiding by the law.

Lack of DNA evidence in Truscott case

Robins noted that the Ontario Court of Appeal did not declare Truscott factually innocent, but Robins said it would be impossible to ever do so since DNA evidence has been lost and destroyed, and witnesses have died. Robins said it would be unfair to punish Truscott because of this.

Marlys Edwardh, one of Truscott's lawyers, said Truscott's case could give hope to others who are wrongfully accused but have no DNA evidence to clear their name.

"There are many wrongful convictions that can't be unwound by DNA," she said. "I think the model [Robins has] adopted is both useful and insightful, and will be of [precedent-setting] value."

But Alan Young, a professor at York University's Osgoode Hall Law School in Toronto, said the government is not bound to follow the same guidelines when dealing with other cases.

"It may be that the Steven Truscott case had such notoriety that they felt that they had to make the payment because the whole world was watching," he said.

"I like the development, but I wouldn't start celebrating a huge change in the approach, because it will still be a case-by-case determination."

Robins considered other cases

Robins said he considered other wrongful conviction cases in Canada, including the $10 million awarded to Winnipeg native David Milgaard after DNA cleared him of the 1969 rape and murder of a Saskatoon nursing aide. Robins noted that Milgaard, who was 16 at the time of his conviction, spent a total of 23 years in jail, 13 more than Truscott, and suffered a violent sexual assault while in prison.

Robins said the case of Maher Arar wasn't relevant to his decision, because the $12.5 million in compensation Arar received from the federal government was not for a wrongful conviction, but for damages resulting from his deportation to Syria, where he was jailed and tortured.

The Ontario Court of Appeal finished its eight-month review of Truscott's case in February 2007, and announced its decision to acquit last Aug. 28. At the time, then Attorney General Michael Bryant apologized to Truscott and said the Crown has no plans to appeal.

Provincial legislators have been calling for Truscott to receive payment. In April, Guelph's Liz Sandals of the ruling Liberal party tabled a private member's motion seeking support for compensation for Truscott, and all parties approved it.

Robins recommended that the federal government pay 50 per cent of the compensation. Bentley said Ontario is paying it in full for now, to ensure Truscott gets his compensation quickly, but that negotiations with the federal government are ongoing.

# data[].attributes.attachment_link.title
Steven Truscott to get $6.5M for wrongful conviction | CBC News

# data[].attributes.attachment_link.description
The Ontario government will pay Steven Truscott $6.5 million for suffering a "miscarriage of justice" and living 48 years with the stigma of being wrongfully convicted of a rape and murder he did not commit. "We are doing what we can to bring to the conclusion this remarkable aspect of Mr. Truscott's life's journey," Ontario Attorney General Chris Bentley said Monday in Toronto.

# data[].attributes.headline
Victim's family reaction towards Seven Truscott wrongful conviction   

# data[].attributes.subject
Victim's family reaction towards Seven Truscott wrongful conviction   

# data[].attributes.body
There reaction was kind of expected they were not happy but they should have taken the side of truth which proves that Steven is not a criminal.

# data[].attributes.attachment_link.readable_text
The family of Lynne Harper finally broke their silence Wednesday to talk about the "mental distress" they have suffered while watching the acquittal of the man they have always believed to be her killer.

Steven Truscott, who was convicted as a teen of raping and murdering 12-year-old Lynne in 1959, was cleared of the charges Tuesday in a unanimous judgment of the Ontario Court of Appeal.

The court stopped short of declaring Mr. Truscott innocent, but nevertheless gave him reason to declare victory in his long-fought legal battle.

While Mr. Truscott and his supporters celebrated in Toronto, on the other side of the continent, Lynne's 90-year-old father, Leslie, had to take the news sitting down in his private room at a nursing home in the western United States. When he heard the verdict, he said, his legs went numb.

"All I can think about is the cruel 50 years of mental distress," Mr. Harper said, hoarse-voiced in a telephone interview Wednesday. "The joy, the jumping up and down on the streets where he [Mr. Truscott]was yesterday, it doesn't sit too well.

"I'm numb, as a matter of fact. I'm to the point where I don't feel as if I can even stand up or walk."

Mr. Harper, whose wife Shirley died several years ago of a heart attack, stayed up all night before the 300-page judgment was released.

When his eldest son, Barry, called him about it, Mr. Harper was stunned.

Mr. Harper passed up the opportunity to speak directly to Attorney-General Michael Bryant because he prefers to hear news about Lynne's case from Barry.

While he still possesses all of the faculties required to digest the thick document that contains the court's rationale for acquitting Mr. Truscott, the elder Mr. Harper says he doesn't have the stomach for it.

"A little girl was never given an opportunity to live," he said.

He and the rest of his family have believed that Mr. Truscott was guilty since he was first convicted as a teen in 1959. Even after all these years, Mr. Harper cannot force himself to say Mr. Truscott's name.

The Harpers have been haunted by Lynne's murder since the day her body was found. "He still has things that belong to my sister that he picks up on a daily basis," Barry said of his father. "He's never gotten over his sorrow."

At the time of Lynne's killing, the Harpers had only been living at RCAF Clinton, a base in southwestern Ontario, for about two years. Mr. Harper was a flight lieutenant. His wife, Shirley, stayed home to care for their three children, Lynne, 12, Barry, who was in Grade 10, and Jeffrey, who was only four years old when Lynne's body was found in Lawson's Bush.

"I think my sister was just in the wrong place at the wrong time," said Barry, whose recollection of the days before and after Lynne's killing are pristine. Still, he's shied away from speaking publicly about them - aside from a deposition he gave during a two-year review of the case in 2002 - because the courts, until now, have upheld Mr. Truscott's guilt.

"Years ago, when the Supreme Court threw the appeal out, I thought that was the end of it," Barry said. "The thing has got a life of its own."

Now, Lynne's funeral still runs like a movie reel through Barry's mind.

"The funeral procession went from Clinton all the way to St. Thomas. That's got to be about 60 or 65 miles," he said. "There were Brownies and Girl Guides standing on the sides of the street as the [hearse]went by. It was something that kinds of sticks in your mind."

Six months later, when Mr. Truscott was convicted, he was only 14. Still, he had already earned a reputation among the youngsters at RCAF Clinton as being more interested in schoolgirls than books, Barry said. Although he was closer to Steven Truscott's older brother, Ken, Barry remembers being paired as a defensive line mate with Steven. "I grew up with that guy," he said.

Now an engineer for an auto-parts manufacturer in the United States, Barry still keeps a cache of newspaper and magazine clippings documenting his sister's case, which has been immortalized in several movies and books, although he rarely needs to refer to them. He's carried with him for nearly 50 years the memories of his family's destruction.

"My dad wouldn't talk to anybody. He'd go to work and come back and sit in the chair and think about what happened, I guess."

Barry said that after the killing, the muted family remained on the base, but their only outings were for Sunday dinners at the base dining room.

"I don't think they did any socializing," he said. "From the time of the trial to the time we moved, we didn't do much of anything."

After Mr. Truscott's conviction, the Harpers left for a month-long respite in New Brunswick. They avoided as much as possible speaking to the media while working through their terrible pain. Eventually, they moved to a different air force base in Langar, England, where they tried to get on with their lives. But over the years, as Mr. Truscott pressed on with his campaign for exoneration, healing became impossible.

"You never want to see someone who was innocent convicted of something," the elder Mr. Harper said Wednesday. "But this is about money."

The Harpers have long felt that part of Mr. Truscott's motive in continuing the efforts to clear his name has been to win a hefty compensation package from the government.

On Tuesday, Mr. Truscott's lawyer, James Lockyer, said his client should "get every penny he can out of the government after what he has been through." Former Appeal Court judge Sydney Robins has been appointed by the provincial government to review the issue. However, he said he must first decide whether Mr. Truscott, who has not been deemed innocent, is entitled to an award.

"The issue turns on the fact that there was no explicit finding of factual innocence in the case," Mr. Robins told The Canadian Press Wednesday.

Both Harpers said they will try to block any payout to Mr. Truscott. Barry said he has spoken with provincial officials to notify them that he and his father both plan to make written submissions to Mr. Robins on why they think compensation should be denied.

# data[].attributes.attachment_link.title
Lynne Harper's family speaks out on Truscott

# data[].attributes.attachment_link.description
The family of Lynne Harper finally broke their silence Wednesday to talk about the "mental distress" they have suffered while watching the acquittal of the man they have always believed to be her killer. Steven Truscott, who was convicted as a teen of raping and murdering 12-year-old Lynne in 1959, was cleared of the charges Tuesday in a unanimous judgment of the Ontario Court of Appeal.

# data[].attributes.headline
Viable suspect’ explored in murder that saw Steven Truscott wrongfully convicted

# data[].attributes.subject
Viable suspect’ explored in murder that saw Steven Truscott wrongfully convicted

# data[].attributes.body
This article should be highlighted and discussed because tell that is the real criminal behind and tells the reason why he is suspected?

# data[].attributes.attachment_link.title
'Viable suspect' explored in murder that saw Steven Truscott wrongfully convicted

# data[].attributes.attachment_link.description
A retired OPP officer believes there is a credible suspect in the 1959 murder of Lynne Harper, a crime Steven Truscott was convicted for, and later acquitted of.