Some criminal cases go well beyond the defendant and impact how we investigate crimes, prosecute cases, develop new laws, and view our justice system. In Canada, there have been many notable crimes such as serial killers, murders of young women, gangland murders, mass murderers, bombings (the Air India case), and terrorist acts (e.g. the Quebec Mosque shooting). There have been some horrific crimes where investigators did not follow through appropriately; other crimes were so egregious they caused Parliament to re-evaluate sentencing options, how evidence is gathered and used in Court and what victim support services would be provided. Some cases are still debated to this day.
These types of high-profile cases provide defence lawyers with more than just sensationalized media reporting. These cases illustrate that all investigations involve a process. All investigations begin with police searching for clues. Each clue is then investigated further. If a suspect emerges, each piece of evidence against the suspect will be vetted. This includes each interview with witnesses, each video tape, each photograph taken at the scene of the crime. And once in Court, the judge must apply the rules of evidence to determine if the Crown has proven each charge “beyond a reasonable doubt.”
Public scrutiny is important; however, public scrutiny should not eliminate the right to presume innocence.
Here are 10 of the most significant cases in Canadian legal history.
1. Paul Bernardo & Karla Homolka
Paul Bernardo and Karla Homolka are two of the most infamous criminals in Canada. Their crimes were especially heinous in that they targeted young women. During the late 1980’s and early 1990’s, Bernardo committed multiple murders and sexual assaults on unsuspecting women in Ontario. Homolka initially accepted a plea bargain prior to investigators discovering the videos she and Bernardo took while committing these crimes. After viewing those videos, many Canadians felt that the plea bargain was overly generous given the extent of her participation. As a result of the investigation into Bernardo and Homolka, there was public backlash regarding how prosecutors reach plea bargains without having access to critical evidence. Additionally, there was an overhaul of how dangerous offenders are assessed in Court. Furthermore, there were updates to police investigation procedures and greater openness in discussing publication bans.
2.Robert Pickton
An investigation into Robert Pickton revealed one of the largest serial killer cases in Canadian history. Robert Pickton was charged with the deaths of many women who had gone missing from Vancouver’s Downtown East Side over several years. The extended time frame of the investigation highlighted several issues with police responding to calls concerning vulnerable populations. Robert Pickton was ultimately convicted of six counts of second degree murder, although authorities believe he was responsible for many more deaths. An Inquiry was held subsequent to Pickton’s conviction which looked into missed opportunities by police, failure to communicate effectively among different police departments, and systemic problems with respect to marginalized groups. These findings have influenced police training and missing persons’ investigations throughout Canada.
3. Guy Paul Morin
Not every high profile case results in a guilty verdict remaining intact. Guy Paul Morin spent many years contesting a wrongful conviction for murdering nine year old Christine Jessop. Investigative errors, tainted forensic evidence and unreliable witness testimony contributed to his wrongful conviction. However, DNA testing ultimately confirmed that Morin was not responsible for Jessop’s death. His Acquittal has been recognized as one of the most significant wrongful conviction cases in Canadian history. The resulting Public Inquiry produced substantial recommendations relating to police investigations, forensic science, disclosure obligations and prosecutorial practice. For defence lawyers, this case serves as a poignant example that even seemingly compelling cases may collapse when defense counsel scrutinize the evidence properly.
4. David Milgaard
David Milgaard is another tragic episode in Canadian Justice history. David Milgaard was wrongly convicted of murder in 1970 and spent over 23 years incarcerated before DNA testing ultimately determined that another man was responsible for the crime. This case exposed investigative incompetence along with false statements from untrustworthy witnesses and tunnel vision within the prosecution. Ultimately, David Milgaard was exonerated and brought increased awareness to the issue of providing compensation to wrongfully convicted individuals along with emphasizing the need for independent review when serious concerns arise post-conviction.
5. Russell Williams
When Russell Williams was named as a suspect by investigators, many Canadians were shocked. At the time he was a respected senior officer within Canada’s Military Forces. Russell Williams pleaded guilty to multiple first-degree murder charges as well as dozens of sex-related offences. Additionally, investigators located an immense photographic record of many of his crimes. The interrogation process used by investigators has since been studied extensively due to its effective use of questioning techniques and strategic presentation of evidence. Moreover, this case illustrated that wealth, education and professional stature provide no immunity against criminal liability.
6. Air India Bombings
The Air India bombing in 1985 is considered Canada’s worst act of terrorism with 329 victims – including approximately 300 Canadian citizens – dying instantly upon detonation of explosives aboard Air India Flight number 182 en route from Montreal to New Delhi via London. The investigation into this tragedy lasted nearly three decades and was one of the longest and costliest criminal investigations in Canadian history. One of the major complexities associated with investigating this crime included massive amounts of disclosed material from around the world along with various intelligence agency complications and witness reliability issues. Although one person was convicted of creating bombs utilized in connection to the Air India bombing(s) none of the accused were successfully prosecuted as a result of insufficient evidence for proving their involvement “beyond a reasonable doubt.” To date this case continues to affect national security investigations and cooperation between intelligence agencies and criminal prosecutors.
7. Vincent Li – Greyhound Bus Murder
In 2008 many Canadians followed developments regarding Vincent Li killing Tim McLean on a Greyhound bus traveling through Manitoba. The assault upon Mr. McLean was particularly brutal and witnessed by numerous people. Vincent Li was subsequently found Not Criminally Responsible on Account of Mental Disorder. Unlike a conventional sentence in jail, he instead entered the province’s Forensic Mental Health System under Provincial Review Board oversight. Many people misinterpreted this designation. A finding of Not Criminally Responsible is not equivalent to being found Not Guilty. When an individual is found Not Criminally Responsible, it is determined that the accused physically carried out the act, but it cannot be said that they understood either the nature or wrongfulness of their actions pursuant to Section 16(1)(c) of the Criminal Code.
This case generated a great deal of controversy nationally with regard to mental illness, public safety, victims’ rights and psychiatric testimony presented in Court.
8. Bruce McArthur
Bruce McArthur was convicted of multiple murders after investigators discovered connections between him and several missing men from Toronto’s LGBTQ Community. It appeared to be a similar pattern of missing persons over a multi-year period. Soon enough police were faced with inquiries whether they could have identified this trend earlier. Ultimately investigators uncovered human remains on properties associated with Bruce McArthur and initiated one of Canada’s most significant homicide investigations in recent memory.
As a direct result of this case there was a comprehensive review into missing persons investigations by police, communication between police departments and relationships between law enforcement agencies and marginalized populations.
9. Quebec City Mosque Shooting
During evening prayer at the Islamic Cultural Centre of Quebec City, a shooter fired into the congregation. Six worshipers died immediately.
Prosecution counsel encountered difficulties establishing appropriate sentences for multiple murders. Although Bruce Heywood received a life sentence for his crimes, Canada’s highest court later ruled that consecutive terms of parole ineligibility for multiple murders violate provisions of the Canadian Charter of Rights and Freedoms.
Therefore, this decision has shaped sentencing laws for multiple murder convictions across Canada.
Additionally, this case illustrates how even after a conviction, Courts will continue to define constitutional boundaries of punishment for criminal activity.
10. Black Donnellies
While not all historic Canadian crimes are contemporary; the Black Donnellies are perhaps one of Canada’s oldest notorious crimes after seven members of a single family were murdered by a lynch mob in rural Ontario in 1880.
Although there was tremendous public interest regarding this matter, virtually all of the prosecutions failed. The reasons for these failures include lack of witness co-operation due to fear from intimidation, social pressures on witnesses from their community, and lack of forensic capabilities available at that time (i.e., no DNA analysis). Today’s investigative processes utilize forensic technology (i.e., DNA analysis); surveillance; electronic documentation and sophisticated forensic science whereas prosecutors relied heavily on eyewitness testimony alone in the Nineteenth Century.
Regardless, the Black Donnally case provides insight into how public outcry can occur quickly; however, it does not necessarily guarantee successful prosecutions.
Why Do These Cases Continue to Matter?
All of these cases have had an enduring impact on Canada’s criminal justice system. Certain cases exposed failures by investigators; others altered sentencing laws; several cases underscored the risk that wrongful convictions can occur; a couple examples illustrated how forensic technology can reverse wrongful convictions decades after they occurred.
One additional lesson learned from these cases has relevance now more than ever; namely high-profile criminal cases generate a tremendous amount of publicity pressure both during investigations and before Courts render judgments.
News organizations cover every aspect continuously. Social Media creates speculative frenzy. Opinions tend to solidify long before a trial commences.
Within a Courtroom however, nothing alters the burden placed upon Crown Counsel to prove each element necessary to sustain a conviction “beyond a reasonable doubt”. Judges will continue to suppress illegally obtained evidence when applicable. Defence counsel will challenge unreliable witnesses; incompetent expert testimony; unlawful searches; inadequate identification evidence regardless of how extensive media attention may be directed toward the case.
If you or someone you know is facing criminal charges do not make assumptions that a guilty verdict will automatically ensue merely because you have been arrested. Every case depends on its unique set of facts; quality and quantity of evidence; decisions made by investigators during initial stages of the investigation; etc. Your earliest consultation with an experienced criminal defence lawyer will provide you with your best opportunity to safeguard your rights; assess potential weaknesses in the Crown’s case; build your defences based on evidence rather than media sensationalism
Disclaimer: Information provided on this blog is for general informational purposes only, it does not constitute legal advice. If you are seeking legal representation, contact Nirwal Law for a consultation. We’re here to help.
