Canadian Lawyer

28 J a n u a r y 2 0 1 5 w w w . C a n a D I a n L a w y e r m a g . c o m to a wrongful conviction, Sankoff says there may well be instances when cer- tain legal principles should be reviewed. "Sometimes it is a good idea. e law is always evolving. ere are times when the law that courts give us, is in need for a re- think," says Sankoff. James Lockyer agrees that it can at times appear "strange" to hear cases cit- ed as legal authority where there was a wrongful conviction. One of the founding directors of the Association in Defence of the Wrongly Convicted, he remembers an instance at the Morin inquiry, where a lawyer for the police cited legal rulings from Milgaard and Coffin, to support his arguments. For Lockyer though, appellate level courts would not end up developing legal principles in these cases if there was a different approach. "ey deny themselves the authority to determine if it is the right verdict. ere is too much deference to the trial judge and the jury," says Lockyer. e Toronto lawyer, who has been in- volved in a number of prominent wrongful conviction proceedings, has long advocated for a "lurking doubt" ground of appeal, as courts in England and Wales have adopt- ed. is ground would permit an appeal court to quash a guilty finding at trial if it believes an injustice was done. In Canada, "the courts of appeal will not look at issues of guilt and innocence. ey are courts of process," says Lockyer. Still, there are examples where reviews of wrongful conviction cases have pro- duced strong criticism of the actions of the courts, if not the actual legal principles or frameworks that were established, or whether actual guilt or innocence should play a larger role. e 1989 Royal Commission into the prosecution of Donald Marshall Jr. found the Nova Scotia Court of Appeal made "gratuitous comments" about Marshall's own responsibility for his conviction. Even though Marshall was acquitted on appeal, the chairman of the commission described the decision as a defence of the criminal justice system at Marshall's expense. Decisions made by the trial court and the Saskatchewan Court of Appeal also came in for criticism by Justice Edward MacCallum, who headed the inquiry into the wrongful conviction of David Mil- gaard. e Saskatchewan Court of Ap- peal, in turning down Milgaard's appeal in Be aware of the changes in environmental law and policy Get expert insight into the landmark environmental law issues of the past year. This year's collection of articles reflects developments in the context of larger public policy that is consistent with the maturation of environmental and energy law. Articles in this edition include: • Jim Thistle, "Canada's Answer to Offshore Oil and Gas Liability Issues : Bill C-22" • Sarah Diebel, "The Evolution of Ontario's Renewables Market" • Stanley D. Berger, "Lessons Learned from 2013-2014 Deep Geologic Repository (DGR) Proceedings in Kincardine, Canada" • Joseph Castrilli and Ramani Nadarajah, "Castonguay Blasting v. Ontario (Environment): Expanding the Borders of Environmental Law (Case Comment)" • Dan Kirby, Jennifer Fairfax and Patrick Welsh, "Order Uncertainty: Are Courts Favouring Regulatory Orders Over Civil Claims to Achieve Environmental Protection? An Examination of Recent Jurisprudential Trends" • Els Reynaers Kini, "India's Nuclear Trade – Inching Forward?" • Duff Harper and Laura Coffell (Articling Student), "Obligations and Potential Environmental Liabilities Involved in Transporting Oil by Rail Versus Oil by Pipe" New Edition Key Developments in Environmental Law 2014 Editor-in-Chief: Stanley D. Berger Order # 804701-65203 $121 Hardcover approx. 200 pages December 2014 978-0-88804-701-4 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00226IE-A47660 Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 CANADA LAW BOOK ®

• Cover