Data Table: Wrongful Sex Crime Convictions in Canada
Who is This Data Table For?
This is a non-exhaustive table of records for anybody doing research for an upcoming trial or appeal, or for those researching wrongful conviction patterns in Canada. Sadly this country is lacking in any sort of 'official' database similar to that of the U.S. National Registry of Exonerations. The only 'known' overturned convictions routinely cited by Canadian media are those achieved by Innocence Canada (formerly AIDWYC). They've achieved just 20+ since 1993, an average of 1 case per year. However, there are at least ten times more hard-fought 'unknown' overturned convictions achieved every year in Canadian appeal courts.
Myth Busting Data
The case law collection in the table below illustrates the opposite is true of commonly parroted pre-conceived notions among the Canadian media and activist circles when it comes to people accused/prosecuted/convicted for sex crimes:
This is a non-exhaustive table of records for anybody doing research for an upcoming trial or appeal, or for those researching wrongful conviction patterns in Canada. Sadly this country is lacking in any sort of 'official' database similar to that of the U.S. National Registry of Exonerations. The only 'known' overturned convictions routinely cited by Canadian media are those achieved by Innocence Canada (formerly AIDWYC). They've achieved just 20+ since 1993, an average of 1 case per year. However, there are at least ten times more hard-fought 'unknown' overturned convictions achieved every year in Canadian appeal courts.
Myth Busting Data
The case law collection in the table below illustrates the opposite is true of commonly parroted pre-conceived notions among the Canadian media and activist circles when it comes to people accused/prosecuted/convicted for sex crimes:
- Myth 1: False allegations and/or wrongful convictions are rare.
The data shows: Since 2010 there were a minimum of 7 wrongful convictions each year that were overturned 1 to 6 years later. By Innocent Canada standards, 1 case per year or 1 sex crime case every few years sounds rare, but the true number of 7 cases and up per year surpasses that standard to a point of year-over-year regularity. - Myth 2: If someone is arrested, charged, prosecuted and convicted that always means there was ample proof they did the crime. There must be more damning evidence that only the lawyers involved know of.
The data shows: Most cases that are overturned consist of testimony of the complainant(s) as the sole evidence of crime. - Myth 3: It is impossible to be convicted in a case with no hard evidence or proof that a crime occurred.
The data shows: Most sex crime cases consist of testimony of the complainant(s) as the sole evidence of crime. The law allows a legal framework for judges and juries to make nearly irreversible credibility assessments, ultimately deciding who's testimony they prefer as true. The complainant's narrative versus the denial of the accused. A statement commonly found in such a judicial decision looks a lot like this: "Where the evidence of the complainant conflicts with the evidence of the accused, I accept the evidence of the complainant as true." - Myth 4: Judges are independent, unbiased, highly analytical, intelligent, knowledgeable of the law and are therefore highly unlikely to make incorrect judgments.
The data shows: Misapprehension of the evidence and misapplication of the law are the top two judicial errors cited by appeal panels as the reasons for wrongful conviction.
See data visualization charts from the database further down the page below the data table.
Table records last updated: May 1, 2019
NOTES ABOUT THE DATA:
NOTES ABOUT THE DATA:
- The records are searchable, including their hidden data fields. Click the + icon in the left column to view hidden case details.
- N/A denotes either Not Available or Not Applicable depending on the context.
- The Cited Cause column generally denotes only what the appeal courts ruled as the cause of the wrongful conviction/miscarriage of justice. It does not necessarily mean there weren't other causes, but just that if there were, they weren't addressed on appeal and are therefore not a part of the final record. For example, appeal factums presented by the defence often contain multiple grounds of appeal but the appeal court may only choose one to overturn the conviction and ignore the remaining grounds.
- Perjury is a crime that is only cited by the courts as a cause of wrongful conviction if the complainant admits on the record to lying and the court accepts it as evidence.
- Citations are links to the actual court decision rendered. Within those links you can track the case's history from start to finish, if available. Unfortunately not all case decision histories are properly linked, nor are they all available in the public CANLII database, though they should be for the appearance of integrity and transparency on the part of the courts.
- This data may not be a complete representation of all people who have had their wrongful convictions overturned. For various reasons, not all court decisions are uploaded to the usual public-facing, freely accessible internet repositories, such as CANLII.org and provincial court websites.
Clary Jaxon is the sole creator and curator of this list. It is the only known list of its kind in Canada. This list is a work in progress and updated from time to time to add new cases. If you would like to contribute to this database feel free to offer case suggestions through the contact form at the bottom of the home page.
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