An Innocence Canada humble brag | Ron Dalton

By Ron Dalton ·

Law360 Canada (October 7, 2024, 1:08 PM EDT) --
Ron Dalton
Last Wednesday, Oct. 2, some 300 friends and supporters of Innocence Canada and the International Wrongful Conviction Day Committee gathered at the Ontario Bar Association facility in Toronto to commemorate the 10th anniversary of Wrongful Conviction Day.

It was the first such live gathering since 2019 due to COVID, and it became immediately obvious the participants were delighted to be together once again to enjoy each other’s company. Wrongful Conviction Day itself was the brainchild of Innocence Canada co-founder and current director of client services Win Wahrer, who had long dreamed of a day to recognize wrongful convictions and honour its victims.

Those gathered were an eclectic group comprising a large contingent of wrongly convicted individuals from across our nation, their families and immediate supporters, staff and directors of Innocence Canada, volunteers, members of the judiciary, representatives of local law firms, members of the local and national media and recipients of three awards presented during the evening.

The evening began with an informal reception allowing everyone an opportunity to reconnect with old friends and meet new ones. The formal program commenced with the wrongly convicted being piped into the room by Rory Gus Sinclair, a longtime supporter and past board member.

As we were being piped in, I couldn’t help but notice how much older, and in some cases frailer, we looked as a group, which is not surprising as our average age has risen with some of our cases going back to the 1960s and 1970s. While collectively more bowed, we were not bent, broken or busted — rather, we formed a dignified column despite all that we had endured to get there and were all the stronger for the presence of each other. Once you have been accused, convicted and imprisoned for something you have not done and endured many years, in some cases over 50 such years, of being falsely branded with the mark of Cain, you often have only your personal dignity and the truth left.

We were proud to have A.J. Woodhouse open with a traditional Indigenous land acknowledgment, which he spoke in his own Saulteaux (Objiway) language and translated for most of the rest of us. Woodhouse had travelled from Victoria, B.C., to be present while I had made the journey from St. John’s, N.L., and we had wrongly convicted representation from all parts of the country in between.

We then took a few minutes to honour the wrongly convicted and founders of Innocence Canada who were no longer with us but on whose shoulders we stand, including Donald Marshall Jr., Romeo Phillion, Rubin “Hurricane” Carter, John Artis, Peter Meier, Joyce Milgaard, David Milgaard, Ronald Moffatt, Wilbert Coffin, Glen Assoun, Erin Walsh, Randy Druken and Walter Gillespie. For many, the highlight of the evening was Wahrer’s introduction of the wrongly convicted, many of whom she has known for almost 30 years; several took the opportunity to address those assembled, and it quickly became obvious that Wahrer is a hero to one and all.

Retired Ontario Supreme Court Justice Harry LaForme spoke about his experience meeting with the wrongly convicted as he was tasked to advise the federal minister of justice about the creation of a publicly funded independent commission to address wrongful conviction claims. LaForme was obviously moved by his interaction with the victims of wrongful conviction and his recommendations to the minister reflect the feedback we gave him.

We were reminded that the legislation to create such a commission is currently before Parliament in the form of Bill C-40, more popularly referred to as the David and Joyce Milgaard Law, now making its way through the Senate. Given the present unsettled nature of the federal political situation, there is a danger the bill could die on the order paper if it’s not passed soon, so we were encouraged to press our representatives to complete the task at hand.

A supportive message from the federal minister of justice was played for the group and the minister’s office had a representative in attendance, both of which demonstrate the credibility gains the innocence movement has made in the past 30 years.

During the evening’s events was the unveiling of portraits of some of the exonerees. The artwork was donated by artists with vast experience to an artist of 16 years old. The artwork was incredible and caused a few surprised and appreciated gasps from the audience and exonerees alike. This year, exoneree portraits unveiled were those of Donald Marshall Jr., A.J. Woodhouse, Bernie Doyle, Ron Moffatt, Sherry Sherett-Robinson and Walter Gillespie.  

The evening closed with the presentation of three awards to deserving individuals who have made significant contributions to the cause of the wrongly convicted. The first award was the Rubin “Hurricane” Carter Champion of Justice Award, which was presented to long-time Toronto Star journalist Harold Levy. Levy was honoured for his body of work over the past 30 years and, in particular, his ongoing work to expose the Charles Smith pediatric forensic cases. Several of Smith’s victims were in the audience and especially appreciated Levy’s dedication to bringing the truth to light. The fact the award was presented to Levy by Susan Milgaard in memory of her mother, Joyce, and her brother, David, made the moment all the more poignant.

The second award of the evening, the Tracey Tyler Award, was presented by Julian Sher, formerly of The Fifth Estate, to Hina K. Alam of the Canadian Press for her dogged determination and respectful reporting on the New Brunswick cases of Robert Mailman and Walter Gillespie.

In her acceptance remarks, Alam noted that if her coverage had contributed to keeping the plight of the two men before the public and government officials, she considered it a success. We were honoured to have Tracey Tyler’s mother and sister there along with several past award winners, including Julian Sher, Avery Haines and Madeline McNair of W5.

The final award, the Donald Marshall Jr. Award, was presented to Réjean Hinse, for his dedication to overturning his early 1960s conviction long before there was an organization such as Innocence Canada. Hinse has continued well into his 80s to fight for justice for others and has been a great supporter of Innocence Canada and an inspiration to our fellow wrongly convicted individuals. The award was presented by his fellow Quebecer Marie Stewart Coffin, a sister of Wilbert Coffin, one of the last individuals to be hanged in this country. Coffin, herself in her 90s, has raised funds through bake and craft sales to fund the Innocence Canada fight to clear her brother’s name. She received the award in 2019.

Lest you think it was all boring speeches and award presentations we were entertained by longtime supporter and Quebec-based singer Dave Moran and his wife, Trish, and indulged in a 10th-anniversary cake to mark the occasion. The real magic of the evening was the synergy of the various participants, the wisdom of the aged combined with the vitality of the young professionals and volunteers and the demonstration of what we can accomplish when we work together for a noble cause.

In 1988, Ron Dalton was a 32-year-old bank manager when he was wrongfully convicted of murdering his wife. It took the next 12 years to prove his innocence, restore his freedom and return him to his family, including the couple’s three children. Since that ordeal, Dalton has tried to reintegrate into family life and earn a living, and he is co-chair of Innocence Canada, a nonprofit organization working to free other wrongly convicted individuals.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.   

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