preview

The Canadian Justice System Is Built On The Principal Of The Presumption Of Innocence

Decent Essays

The Canadian Justice System is built on the principal of the presumption of innocence where emphasis is placed on on ensuring that the innocent go free rather than the guilty being convicted (Huff, 2013). However, miscarriages of justice occur when an individual is wrongfully conviction, and such an occurrence tarnishes the system’s reputation greatly (Campbell & Denov, 2005). According to the edited case files presented by Moldaver (2009), Romeo Phillion was wrongly convicted of the murder of an Ottawa firefighter, Leopold Roy in 1972. Roy had been stabbed on August 9th of 1967, four and a half years prior to when Phillion had been charged with the crime in 1972 after confessing to the murder while in police custody. Despite recanting the confession immediately, the relatively short trial led to a guilty verdict but after investigations decades later, it determined that the prosecutor 's misconduct had led to the miscarriage of justice (Anderson, 2008). After a series of appeals and references, the case was reopened in 2009 which led to the conviction being overturned, and a new trial ordered whereby the Crown had withdrawn the murder charge because of the lack of reasonable prospect of conviction (Harland-Logan, 2014). Nevertheless, Phillion’s proven innocence after his 31 years of incarceration made him the longest-serving wrongfully convicted prisoner in Canadian history (Anderson, 2008). With this considered, the wrongful conviction of Romeo Phillion had been due to

Get Access