The justice system makes mistakes. They may result from inadequate investigations, flawed forensic evidence, lying or mistaken witnesses, prosecutorial tunnel vision, or simple human error. Whatever its cause, the consequences of a wrongful conviction are inevitably devastating—lives are destroyed and reputations are ruined. Canadian criminal law provides an appellate process that allows some miscarriages of justice to be identified and corrected. But the appellate process comes to an end and history shows that injustices sometimes continue. Lockyer Campbell Posner occupies a unique position in securing justice for the wrongly convicted in Canada.
Our lawyers have represented some of the best known victims of miscarriages of justice and seen them reversed, sometimes with apologies and compensation from governments. It is a difficult area of litigation, requiring a specialized set of skills and experience. We have pioneered the preparation of applications for Ministerial Review by the Minister of Justice under Part XXI.1 of the Criminal Code. We work regularly with leading forensic scientists who help correct the mistakes of government laboratories. We have a close and continuing relationship with the Association in Defence of the Wrongly Convicted (AIDWYC) which draws miscarriages of justice to the attention of the media and the public.
We work with highly qualified investigators to track down fresh evidence which can emerge years—even decades—after a conviction. Lockyer Campbell Posner was formed to allow its founding partners to concentrate on this very challenging but uniquely rewarding area of law and it remains one of the firm’s core priorities.