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Guy Paul Morin

Guy Paul Morin. Acquittal & Conviction. Ron Burshtein | Frederick Ding | Martin Fox | Kirill Peretoltchine CLU3M — April 2009. Outline. Introduction to case Background Sentencing Appeals Public criticism ‘Failure’ of legal system Legalities Double jeopardy and the Charter.

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Guy Paul Morin

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  1. Guy Paul Morin Acquittal & Conviction Ron Burshtein| Frederick Ding | Martin Fox | Kirill PeretoltchineCLU3M — April 2009

  2. Outline • Introduction to case • Background • Sentencing • Appeals • Public criticism • ‘Failure’ of legal system • Legalities • Double jeopardy and the Charter

  3. Wrongfully Convicted Mistakes on the part of police, tainted and manufactured evidence, and failure to investigate other suspects are responsible for his wrongful conviction.

  4. Background • Queensville, ONOctober 3, 1984 • Disappearance of Christine Jessop • York Region Police • Morins were visited Oct 3, 1984

  5. Background • December 31 • Christine’s body found; homicide • February 22, 1985 • Guy Paul Morin questioned • April 22, 1985 • Morin arrested, charged Oct 3, 1984 Dec 31 Feb 22, 85 Apr 22

  6. Morin’s Trial Crown Defence Alibi Timing Schizophrenia • Opportunity • Hair • Fibres • Confession Began January 7, 1986 Result: acquitted February 7

  7. Appeal and Second Trial • Grounds for appeal: • Misdirection on “reasonable doubt” • Psychiatric condition as evidence • June 5, 1987: Crown’s successful appeal • Issues re-examined during 2nd trial: • Contamination of evidence • Forensic scientists’ conclusions • Validity of confession • Prejudice, “tunnel vision”

  8. Results of Trials • Found guilty on June 23, 1992 • New DNA evidence • Acquitted on January 23, 1995

  9. Public Reaction • Sympathy • Mr. Morin had lost his dignity • Falsely accused • Fear • Possible repetition? • Failure of the system • Where is the real murderer?

  10. Public Reaction “The minister is deeply committed to maintaining the public's faith in the system, and to ensuring that the ministry takes whatever steps are necessary that such a situation does not reoccur. To accomplish this a public airing into the justice system's handling of Mr. Morin's case is required.“ - Deputy Attorney-Generalon behalf of the Attorney-General

  11. Double Jeopardy • §11(h) of the Charter prohibits double jeopardy “has the right…if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again;”

  12. Double Jeopardy Canada United States Prosecution may not appeal Multiple trials are entirely disallowed • Prosecution may appeal acquittal • Second trial is possible • ‘Continuation’

  13. Is double jeopardy a fair form of protection, as it exists in Canada?

  14. Bibliography • Alward, Mary M. "A Canadian Atrocity." 1 February 2005. suite101.com. 5 April 2009 <http://www.suite101.com/article.cfm/canadian_tourism/108574> • Canada. The Canadian Charter of Rights & Freedoms. Dept. of the Secretary of State of Canada, [Ottawa]: 1987 • "Double jeopardy." 6 April 2009. Wikipedia, The Free Encyclopedia. 8 April 2009 <http://en.wikipedia.org/wiki/Double_jeopardy>. • "Guy Paul Morin." 2 March 2009. Wikipedia, The Free Encyclopedia. 8 April 2009 <http://en.wikipedia.org/wiki/Guy_Paul_Morin>. • Kaufman, Fred. "Executive Summary." Ministry of the Attorney General. 2 April 2009 <http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/morin/morin_esumm.pdf>. • King, Jack. "The Ordeal of Guy Paul Morin: Canada Copes With Systemic Injustice." Champion Magazine August 1998: 8.

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