Crown Counsel Role In The Prevention Of Wrongful Conviction

Faulty forensic procedures, unreliable science and/or flawed expert opinion testimony have been factors in a number of wrongful conviction cases in Canada. The Supreme Court of Canada has acknowledged that false confessions are a problem within the criminal justice system. Incomplete disclosure by the police and/or the Crown has been a factor in some wrongful conviction cases in Canada. Crown counsel must ensure they fully understand the breadth of Crown counsel’s disclosure obligations under the law and that they adhere strictly to them. Eyewitness mis-identification has been identified as the single most important factor leading to wrongful convictions, indeed the overwhelming factor.