The Inquiry into Pediatric Forensic Pathology in Ontario (Mullins-Johnson)

The Inquiry into Pediatric Forensic Pathology in Ontario was established by the Government of Ontario under the Public Inquiries Act on April 25, 2007. The Honourable Stephen T. Goudge was appointed Commissioner.

The Inquiry's mandate was to conduct a systemic review and an assessment of the policies, procedures, practices, accountability and oversight mechanisms, quality control measures and institutional arrangements of pediatric forensic pathology in Ontario from 1981 to 2001 as they relate to its practice and use in investigations and criminal proceedings. The Commissioner was asked to make recommendations to address systemic failings and restore and enhance public confidence in pediatric forensic pathology in Ontario.

The Commission's mandate did not include reporting on any individual cases that have been or may be subject to a criminal investigation or proceeding. However, members of the Commission met privately with individuals or families affected by practices in Ontario's pediatric forensic pathology system between 1981 and 2001. These meetings were not part of the formal hearing process. There are no transcripts of the meetings.

Commissioner Stephen T. Goudge released the Report of the Inquiry into Pediatric Forensic Pathology in Ontario on October 1, 2008. It was transmitted to Attorney General Chris Bentley shortly before the public release.

Information on the inquiry and a link to the released report can be found HERE.

Lamer Inquiry (Dalton, Druken, Parsons)

The Lamer Inquiry was a public inquiry into alleged miscarriages of justice in the cases of Gregory Parsons, Randy Druken, and Ronald Dalton. The Inquiry began in September 2003 and included a mandate to review the arrests and prosecutions of Parsons and Druken, which raised a number of questions related to the administration of criminal justice in Newfoundland and Labrador. Specifically, a review of the investigations and circumstances surrounding the resulting criminal proceedings commenced against Parsons and Druken. The Inquiry was also asked to review Ronald Dalton's appeal of his murder conviction and why he remained in prison for eight years before his appeal was heard by the Newfoundland and Labrador Court of Appeal. AIDWYC, represented by Melvyn Green and James Lockyer, was invited to participate in two days of hearings devoted to the Inquiry's terms of reference. The Inquiry concluded in June 2005, and the final report was released and made public in June 2006. In the report, Justice Lamer accused the Newfoundland and Labrador government and its police services of fostering a culture of "tunnel vision" in investigations. Shortly thereafter, the provincial government announced plans to conduct an independent review of the public prosecutions office.

Milgaard Inquiry

The Inquiry into David Milgaard's wrongful conviction began on January 17, 2005 in Saskatoon, Saskatchewan, 35 years after his conviction. Milgaard's case is considered one of the worst miscarriages of justice in modern Canadian history. AIDWYC was granted standing at the Inquiry which concluded in December 2006. Justice Edward MacCallum is expected to release his report sometime in 2007.

David Milgaard was convicted of killing 22-year old nursing assistant, Gail Miller, in 1969 when he was 16. In 1979, his application for parole was denied because of his continued stance of innocence. At that point, Milgaard's mother, Joyce Milgaard, began to uncover substantial evidence of false testimony and police malpractice, as well as information that, Larry Fisher, who had been convicted of a series of similar sexual assaults, might be the real perpetrator. She conveyed this information to Kim Campbell, then Federal Justice Minister. Through the intervention of then Prime Minister Mulroney, Campbell referred the matter to the Supreme Court of Canada where David's conviction was set aside.David Milgaard was released on April 17, 1992 and finally exonerated in 1997 as a result of DNA testing arranged through AIDWYC. That same testing confirmed that the real assailant was Larry Fisher, who was subsequently convicted of the offence.

Driskell Inquiry

Jim Driskell spent 13 years in prison after being convicted in 1991 for the first-degree murder of Perry Dean Harder, whose remains were found in September 1990. Harder had been shot several times in the chest. Driskell has consistently protested his innocence. Recent DNA results eliminated critical hair matches the Crown introduced at Driskell's trial. A fresh investigation also uncovered a number of new facts, including confirmation that a key witness tried to recant his evidence and the revelation that witnesses were paid tens of thousands of dollars in exchange for their testimony. Additional new evidence in the form of a 1993 police internal review was ordered to be made public. That review, which AIDWYC had long sought to have produced, roused the interest of the media and public in the case. With AIDWYC's assistance, Driskell was released on bail in November 2003, pending the application of a ministerial review of his s.696.1 application. AIDWYC worked in conjunction with its Manitoba branch on Jim Driskell's case. On March 3, 2005, Justice Minister Irwin Cotler quashed James Driskell's first degree murder conviction and ordered a new trial. Manitoba Justice officials immediately announced they would not re-try Driskell and instead filed a stay of proceedings and announced they would hold an Inquiry. The Inquiry in Manitoba began in April 2006, led by Commissioner Patrick LeSage, a former Chief Justice of the Ontario Superior Court. AIDWYC was granted standing at the Inquiry which concluded in November 2006. The Driskell Report was released in February 2007 and concluded that police and prosecutors, through collusion or "careless indifference," made James Driskell a victim of a miscarriage of justice. The recommendations made by Mr. LeSage in the report have been accepted by Manitoba Justice Minister, David Chomiak, including a review of Driskell's prosecutor, George Dangerfield's cases, where there is a claim of wrongful conviction. James Driskell was given a formal apology and will be compensated financially. The Driskell Report is available HERE.