the fifth estate
Canada's Premiere Investigative Series Main: Home Page Episodes: Watch Online Reporters: Host Biographies About Us: Inside the fifth Contact Us: Share Your Story
If Justice Fails: Discussion
Originally broadcast on October 17, 2007  |  Comments 12

It seemed like and open and shut case for the police and the prosecutors. A carload of dubious characters, a blast from a sawn-off shotgun, a body and then a trial that delivered Erin Michael Walsh to a penetentiary to serve a life sentence. For more than 30 years, the convicted killer proclaimed his innocence.

Now, Linden MacIntyre reports, recovered evidence has put vindication within Erin Walsh's grasp, but there is a new urgency to have his name cleared: doctors have given him another kind of life sentence.

Tell us what you think of this story.

This discussion is now closed. Read the Discussion.
Your Comments

Erin Walsh admits to: Drug trafficking (multi pounds of meth), possession of thousands of dollars in counterfeit currency,collaborating with organized crime, possession of a prohibited firearm, discharge a firearm with reckless abandon, assault, break and enter, theft, impaired driving, and more. It seems he should be in prison for life as a dangerous offender. Don't forget, he was doing this at the age of 27.

Linden MacIntyre, shame on you and your gratuitous grandstanding. But, I think I do have a solution. We should let everyone out of prison and have them work with the CBC. Lets us know how you make out.

Bob  vancouver — Posted on July 10, 2008 12:22 AM

I didn't get to see the show, unfortunately. However, as usual, The Fifth Estate has done the sort of investigative work which should have been done by the police, in the day.

We would hope that times have changed and police, with all the technology available to them, with all the scrutiny that comes to bear on them, would be less likely to jump to conclusions or so willing to simply go with the "likely suspect" to gain a conviction.

We can never make the assumption, even today, that any case is "open and shut". Nor can we ever allow the justice system to choose expedience over true justice.

Luckily for Canadians, our justice system appears to recognize that older cases may need a fresh look. However, it takes a public willing to speak out and perhaps the efforts of the media to expose the flaws in the cases that resulted in a conviction and bring about true justice.

Justice "Blinkered" is not the same as Justice Blind.

Anneke  Ottawa — Posted on March 14, 2008 04:55 PM

Erin Walsh is not the first nor he will he be the last of those whom the Canadian Justice system fails - Guy Paul Morin, David Milgard, Donald Marshall, Stephen Truscott and most recently the native John Graham who like Leonard Peltier has been handed over to American authorities on the basis of just hearsay and very questionnable hearsay at that.

John was taken Dec.5 early in the morning by FBI agents in Vancouver and not allowed to phone his lawyer or his family. He is accused of killing Anna Mae Acquash, also a Canadian in the American Indian Movement over 30 years ago. John maintains it was the FBI who killed her making good on their earlier promise to "see her in a body bag within a year." His story bears a chilling similarity to the Leonard Peltier story.

To Canadian authorities acceding to American demands he is just another Indian as dispensable as the Erin Walshes of Canada where an answer needs to be construed regardless of the consequences to a life. It is hard to have faith in outr justice system. Would that we had many more Linden MacIntyres to question those who mete out the sentences and destroy lives.

Jennifer Wade  Vancouver — Posted on December 17, 2007 09:44 PM

I was deeply angered by your show on Erin Walsh. I agree with one of the comments that a trial should be expedited due to Mr. Walsh's ill health. I also feel that if he is vindicated, that Judge McCarrell should be forced to resign. I can only assume that he continues to work the same way.

By deliberately withholding key evidence (by his own admission he gave only what he considered the relevant information) he committed a criminal act. Both Judge McCarrell and the province should be sued. If New Brunswick (is that the province?) is redefining the justice system to suit themselves, then intervention from the Federal Government should be swift and merciless.

Crystal von Hugo  — Posted on December 17, 2007 04:16 AM

If we're being honest, then we should be able to see that Erin Walsh's conviction was not a mistake.
The people involved in the criminal justice system are most assuredly neither the average, nor the lowly minded of society.

In very fact, one cannot even apply successfully to any law school without first having to receive a substantial pass on a Law-School-Admission's-Examination.
Lawyers, prosecutors and judges are generally seen as reputable people. At minimum, they are acutley aware of what constitutes legal liability.

In Erin Walsh's case, it doesn't take an expert to see that the Crown-Prosecutor-now-Justice William Mccarrol, had deliberately concealed evidence in 1975.

Mr. Justice William Mccarrol, during his tenure with the Crown's office, deliberately caused a man to serve out thirty-two (32!) years of his life imprisoned! I say it to myself, and my heart drops into my stomach with a sickly feeling of wrenching discomfort.

I truly would not want to be Mr. Justice William Mccarrol right about now...
...I suspect even his colleagues will distance themselves from him over this terribly tragic case, particularly when he stated that [it was up to him to decide what constituted evidence].

No! The legal rules for the disclosure of evidence are not so ambiguous as to suppose that seven (7!) C.N.R. workers' formal statements to police cannot constitute evidence; or, that police notes stating that the main crown witness was responsible for the shooting.

I wonder if the Justice Minister will be looking into EACH AND EVERY CASE that was tried by Mr. William Mccarrol while he was a Crown Prosecutor; or, EACH AND EVERY CASE that was judged by Mr. Justice William Mccarrol.

Joe Mansour  — Posted on December 16, 2007 10:19 PM

I was at the tavern last-night and I could not help but easedrop on a bunch of guys talking about this weeks fifth estate program. "The *** should be shot" one man shouted and his friend opposite to him said: "How did that *** get to become a judge."

I now realize why these guys were so affected by "If Justice Fails." After just finishing watching this show, I felt the same! My heart goes out to Mr. Walsh, and my frustration goes towards the system that has fail him, the many times he has tried to prove his innocence.

Linden MacIntyre has proven again, by presenting extremely important evidence to the Canadian public, that another man is was wrongly convicted. How on earth, can evidence that can set an innocent man free, not be shared with the jury panel?

I do not know the law, but I do know that this is wrong and I would bet my life on it! Is the government or the Attorney General going to allow this poor man to die, before he sees justice prevail? If the evidence that was shown by Linden MacIntyre in this show brought to light at the beginning, Mr. Walsh would not have been charged with murder, but instead, it would have been and in fact, should have been, the guy that asked his friend Dave for help just after Dave had asked him why he shot Che Che.

I now truly understand why, all those guys in the tavern last-night, were cursing and swearing and full of anger. What has happened to Mr. Walsh, could very well have happened to any one of us, and that is exactly what one of those guys stated in the tavern. Linden MacIntyre certainly is correct when saying "If justice fails "the least of us", even small-time criminals like Erin Walsh, then "it fails us all."

Danny Peters  Toronto — Posted on October 20, 2007 03:36 AM

Me and my friends watched your show last night and became very angry against the justice system in Canada. This poor man is dying of cancer and at the same time dying for justice in his case to prevail. This is a case where our Prime Minister should step in and intervene promptly! After all, the jury's foreman made it perfectly clear that this new evidence wasn't shared with the jury and it no doubt should have been.

Our Prime Minister is talking about passing a bill in order to be tough on crime and tighten up the justice system but we don't hear our government showing any concern nor passing any bill to act swiftly and resolve the injustices within our Canadian Justice System.

We forever hear this government saying, "We are going to be tough on crime", but they turn a blind eye when it comes to the real criminals intwined in our Canadian Justice System, like crooked dishonest crown prosecutors as the one that suppressed this vital evidence from the jury, which resulted in an innocent man, once again, being convicted.

We need a government that will deal with issues like these without delay and to direct attention to make our justice system better entirely rather than in area they believe will bring them votes. Thank you for bringing this matter to the public's attention, me and my friends are still talking about it.

Linda Smith  — Posted on October 18, 2007 11:56 PM

Most disturbing story. It truly saddens me that if it turns out Mr. Walsh's story is indeed true, is the comment made by Mr. MacIntyre that the NB Justice system will purposefully wait until it will be too late for Mr. Walsh to bring some closure to his situation. Surely someone in the Justice department will step up and do the right thing. Right?

Barb Putnam  Ontario — Posted on October 18, 2007 07:00 PM

I am truly thankful for The Fifth Estate for bring to the attention of their viewing audience, the problems with our justice system [police and the prosecutors]
We learn of such terrible crimes; Erin Michael Walsh. Steven Truscott, David Milgard and I could go on naming many more individuals who are convicted of crimes they did not commit due to what, "prosecutors & police errors or their crimes?"

Our Premier, Stephen Harper stated in the Throne Speach that his government was going to act on crime. He made a video comment regarding a individual from Ontario, I cannot recall the name but a show was created and aired recently "Monster in the Family" I never seen, heard our Premier retract his comments about that individual

Robert Banier  — Posted on October 18, 2007 03:25 PM

I enjoyed the show very much as I always do CBC shows , except for the background noise . Can anything be done to cut the music , noise down so we can hear the dialogue ?

It is so annoying to miss half of what is being said because the noise is coming at us at an alarming rate . Everyone I talk to says the same thing and it's more than disruptive when you're trying to hear what is being said .

Karen Doherty  — Posted on October 18, 2007 03:03 PM

BEING FROM SAINT JOHN AND KNOWING THAT PEOPLE WERE TREATED ACCORDING TO WHAT SIDE OF THE TRACKS THEY WERE FROM, WHICH PROMPTED ME TO LEAVE THAT CITY AT THAT SAME TIME AS THIS EVENT BECAUSE OF THE RACISM AND CLASS DISCRIMINATION THAT WAS PREVALENT IN JOBS AND THE COURT SYSTEM.

SO THIS DOESN'T SURPRISE ME TO HEAR THIS HAPPENING TO HIM I AM SURE IF YOU WERE TO DIG DEEPER INTO OTHER CASES THERE YOU WOULD FIND OTHERS WHO WERE CONVICTED OF CRIMES ONLY BECAUSE THEY WERE FROM THE WRONG SIDE OF THE TRACKS.

ANDRE DRUMMOND  — Posted on October 17, 2007 11:46 PM

I enjoyed your show very much - at least what I could hear of it. Could someone please tell me why the music and background noise has to be so loud as to drown out the dialogue ? It is so frustrating . This are the kind of show we love to watch but the background NOISE ruins it for us. I've spoken to so many people who feel the same way . Are you trying to attract a younger audience that has grown up surrounded by noise ? Please turn down the noise so we can hear what is being said . Also please keep doing more of this type of programming minus the racket .

Linden MacIntyre is the best and I have the highest respect for the work he does and the way he does it. Does he have any control over the final product before it airs ? It's not just CBC , it's most of the shows . They are awash in noise . I can understand why it's done in some of the shows that are on. It's to camaflauge the poor writing but that isn't the case with CBC programs and that's what's so upsetting . Your words are worth hearing - if only we could hear them . My husband and I spent most of the time saying " what did he say ? "

Karen Doherty  — Posted on October 17, 2007 11:28 PM

Special Notice
Due to a network-wide technology upgrade, the fifth estate's comment board will be temporarily closed. We will post an announcement here, and on our Facebook and Twitter pages, when the boards re-open.
Your Recent Comments
"William Melchert-Dinkle must be proscecuted to the fullest extent of Canadian law. I **DEMAND** that the police file fo..."
Makinaw Dandy on Death Online

""I could go on but I think I have made my point" - This is how Amy ends her comment. You have no point at all I am afra..."
Robert on The Unofficial Story

"I have heard so many wonderful things Can you please tell me how to contact them I am a nurse in Halifax and have a moth..."
Angela MacDonald on Where the Women Went

"I am from NS. As retired teacher, I am now looking to do something helpful in another area of giving back. I am 59. My ..."
emily otterson on Where the Women Went

"My God! What a brave little Girl! My heart goes out to her! Please! Somebody intervene and make sure that she gets the h..."
KEVIN F. CORCORAN! on Hannah's Heart

Larger Than Life
He's Rich. He's powerful. But what kind of a boss is Peter Nygard?
The Code
Hockey's unwritten law of fighting and the men who live by it.
Hannah's Heart
She's 13 and has a failing heart. Hannah Jones said 'no' to the transplant that will save her life.
Cougar 491
A helicopter ride to an oil rig, a crash and 17 deaths. New details about what may have caused it.
The Wrong Man
A string of wrongful murder convictions... and the man who prosecuted them.
21st Century (Part 1 of 3)
How the fifth estate covered the first decade of the 21st century.
Earl Jones: In Trust
Over two decades he bilked investors of $50 million. How did he get away with it for so long?
Fasten Your Seatbelts
Billions have been spent on airport security. But, are we any safer?
House of Cards
The collapse of a financial giant and its Canadian connection.
The Unofficial Story
She was a teenager, troubled, and in trouble with the law. But, why did Ashley Smith die on the floor of her prison cell?
The Unofficial Story
Eight years after 9/11, why are doubts growing about the official record of that day?
Over the Edge
What happens when a small town thrill-seeker is lured into B.C.'s billion dollar marijuana business.
Bus 1170
When a bus ride home turned into a night of terror.
Broken Heroes
They went off to war like heroes and returned with invisible wounds.
The Fall and Rise of Theo Fleury
He had it all and lost it. Now, Theo Fleury finally may have found himself.
Death Online
A young Ottawa woman's suicide leads to an international hunt for an online predator.
The Education of Brian Nicholl
Learning lessons about the economic downturn, the hard way.
Riding on Risk
Disturbing allegations about our safety in the air. How well is our government protecting our safety and security?