Frank Ostrowski – Conviction Quashed
On November 27, 2018 the Manitoba Court of Appeal released its decision quashing Frank Ostrowski’s 1987 first-degree murder conviction.
The court found that it would be unfair to order a second trial after so long and entered a judicial stay of proceedings on his behalf.
Innocence Canada co-founder and lead counsel, James Lockyer, when speaking to the media about the court’s decision said it clears Mr. Ostrowski’s name and adds him to the annals of Canada’s wrongful convictions. Mr. Ostrowski is free of prison and bail conditions for the first time in more than three decades.
Mr. Lockyer went on to add:
“However, once again, there will be no accountability in this case. The man spent 32 years under a first-degree murder claim, 23 of them in prison, and no one’s accountable for that 32 years except him. It’s a familiar refrain in wrongful conviction cases”
For Mr. Ostrowski, at long last the stringent conditions he has been made to live under since being released on bail in December 2009 by the Court of Queen’s Bench are gone.
Innocence Canada submitted a s.696.1 (ministerial review) application on behalf of Mr. Ostrowski to the former Federal Minister of Justice, Peter MacKay who in 2014 determined that there was a likely miscarriage of justice in his case. Justice Minister MacKay referred his case to the Manitoba Court of Appeal for a conviction review which concluded on May 28, 2018.
Mr. Ostrowski has had a very difficult and stressful 32 years; we can only hope that bright days are ahead for him.
O’Neil Blackett: Innocence Canada’s 22nd Exoneree
On October 2, 2018, O’Neil Blackett joined the Innocence Canada family as the 22nd person to be exonerated with the support of Innocence Canada. O’Neil’s day in court fell on another important day for the wrongly convicted around the globe, the 5th annual wrongful conviction day.
O’Neil is yet another victim of the now disgraced former pathologist Charles Smith. On February 10, 1999, O’Neil was arrested and charged for the death of his 13 month old daughter, Tamara, which took place two days earlier while he was babysitting her. The Crown alleged that Tamara died from asphyxiation caused by O’Neil.
Charles Smith performed the autopsy and testified at the preliminary hearing. In August of 2001, facing the possibility of being convicted of second degree murder, O’Neil did as many other innocent individuals have done, he pleaded guilty to manslaughter. He was sentenced to three years and three months in addition to the 15 months he spent in pre-trial custody.
O’Neil was granted an extension of time to file an appeal by the Court of Appeal for Ontario. In 2017, the Crown consented to granting O’Neil a new trial, and on October 2, 2018, the Crown withdrew their charges against him.
The day following the court’s decision, Innocence Canada hosted a reception to acknowledge its 25th Anniversary and Wrongful Conviction Day. O’Neil was ecstatic to attend. He joined the other wrongly convicted in attendance and marched with them as they were led in by bagpiper Rory Gus Sinclair to Convocation Hall at the Law Society of Ontario. O’Neil was welcomed with uproarious applause by the wrongly convicted and all those in attendance as he proudly held up a T-shirt gifted to him that read “INNOCENT” on the front and had a list of names of the wrongly convicted, including his, on the back.
It was a moment that the wrongly convicted, their families, Innocence Canada and their supporters will never forget and will be remembered at each future Wrongful Conviction Day reception.
O’Neil can now move forward and pursue his dreams, aspirations and goals that for far too long didn’t seem possible because of the incompetence of Charles Smith.
We are incredibly humbled by O’Neil’s strength throughout his lengthy involvement in the criminal justice system. We congratulate both O’Neil and his lawyer, James Lockyer, for their dedication and victory.
We wish O’Neil Blackett and his family a bright, happy and fulfilling future.
Dedication of Donald Marshall Jr. Centre for Justice and Reconciliation
Author: Win Wahrer
A ceremony was held on June 21, 2018 to open a superior court on the Wagmatcook Reserve. The court is located inside the Wagmatcook Cultural and Heritage Centre in Wagmatcook, Nova Scotia. This court is believed to be the first of its type in Canada.
The establishment of the court follows a recommendation from the 1989 “Royal Commission of Inquiry on the Donald Marshall Junior Prosecution” to have more provincial court sittings on Nova Scotia reserves. This recommendation was echoed most recently by the 2015 “Truth and Reconciliation Commission of Canada.”
The Donald Marshall Junior Centre for Justice and Reconciliation will house a provincial court and the family division of the Nova Scotia Supreme Court which will incorporate indigenous restorative justice traditions and customs including a Healing and Wellness Court and Gladue court.
Ron Dalton and Win Wahrer represented Innocence Canada and its clients at the unveiling which was even more significant because it took place on the Indigenous People’s Day.
Ron and Win were humbled and honoured to be at this historical occasion in memory of their friend and the first Canadian recognized as wrongly convicted. Junior inspired and gave hope to other wrongly convicted people to continue the fight to clear their names.
The ceremony and the unveiling were extremely moving and respectful to Donald Marshall Junior’s memory. Tributes were paid to him, his family and the Mi’kmaq people.
Fifty of Donald Marshall Junior’s family, Mi’kmaq Chiefs, friends, supporters and performers were in attendance along with dignitaries from all levels of the Nova Scotia government, judiciary and Mi’kmaq community.
Nova Scotia Chief Justice Michael MacDonald who was in attendance and addressed the attendees said that “a justice system steeped in racism let Donald Marshall Jr. down at every stage. We cannot, judges, ever forget that. Those who work in our justice system can never forget that.”
Wagmatcook First Nation Chief Norman Bernard said “this is truly a historic day for the Mi’kmaq and the province of Nova Scotia. It’s an example of reconciliation with Indigenous people through the courts and will reflect Mi’kmaq values.
Marlys Edwardh, one of Donald Marshall Junior’s lawyers and former Innocence Canada Board member, returned the repatriation feather to Nova Scotia. The feather had been given to her on her 60th birthday by Junior’s long-time friend Jane McMillan who Junior had given it to. Junior had been given the feather by fellow exoneree, Wilson Nepoose. The feather, a sacred symbol of First Nations culture was given back to the Mi’kmaq people. The feather will remain in the courthouse as a reminder of the injustice that was done to Junior, his family and the Mi’kmaq in the hopes that such an injustice will never happen again.
Also taking part in the feather ceremony was lawyer, Stephen Aronson who was responsible for Donald Marshall Junior’s ultimate vindication and Justice Anne Derrick who represented Donald Marshall Junior at the 1989 Commission of Inquiry into his wrongful conviction.
It was clear that no one who observed or took part in the ceremony has forgotten the gross injustice that lead to forgiveness and collaboration between the Mi’kmaq people and the province.
The presiding judge of the new court is Justice Laurie Halfpenny-MacQuarrie who worked closely with the local Aboriginal Chiefs to bring the idea of the court into reality. The court will sit every Wednesday.
Innocence Canada (formerly AIDWYC) Film
Innocence Canada (formerly The Association in Defence of the Wrongly Convicted or AIDWYC) is a non-profit organization dedicated to identifying, advocating for, and exonerating individuals convicted of a crime that they did not commit and to preventing such injustices in the future through education and reform. The Innocence Canada Foundation supports the charitable work of Innocence Canada.
This short film by Canadian Filmmaker Sammy Ray Welsh features Innocence Canada client Anthony Hanemaayer, Innocence Canada Director and Exoneree Ron Dalton and his daughter Allison, lawyers Marlys Edwardh and James Lockyer, Justice Kaufman and University of Toronto Professor, Kent Roach. Innocence Canada is grateful to all those involved in the project and, in particular, to Sammy Ray Welsh for his dedication to Innocence Canada and perseverance in making this film.