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 Need Help? AIDWYC Case Review Process
Process
Any applicant whose case meets AIDWYC's case criteria will have their case reviewed.
By the time a case has exhausted all avenues for appeal, only the introduction of new (evidence will enable the case to be reheard. Such new evidence must weaken and/or strengthen the case against/for the accused as it was heard at trial. It must also be compelling enough that it likely would have affected the verdict.
Case Review Stages
While each case is unique, and each is therefore reviewed somewhat differently, the review of a case goes through four general stages:
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The case is assigned to a volunteer 'Lead Lawyer' who reads the trial transcripts, appeal decisions, disclosure and other materials in order to establish what evidence the jury heard that could establish guilt (inculpatory evidence), and what evidence the jury heard that could establish innocence (exculpatory evidence).
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From the list of inculpatory and exculpatory evidence, the Lead Lawyer identifies areas in which fresh evidence may be found or established. |
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The Lead Lawyer follows up on these areas. This may involve working with or speaking to private investigators, forensic experts, witnesses, and other relevant persons. This may also involve commissioning new expert reports and seeking new or further disclosure from the Crown Attorney's office. |
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If compelling fresh evidence is discovered, AIDWYC lawyers will write a Section 696.1 application for submission to the Criminal Conviction Review Group and will represent the client in subsequent matters.
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Throughout these stages, the volunteer lawyer is helped and advised by the Case Assessment Groups, comprised of senior legal experts, and the organization's Case Management Counsel.
Please note that the review process, and any subsequent proceedings, can take a very long time. AIDWYC is dedicated to researching and investigating each case with the thoroughness it deserves.
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