No cash for wrongfully convicted men: Ontario
Only granted in 'rare, unusual cases': attorney general
Last Updated: Wednesday, January 13, 2010 | 7:07 PM ET
The Canadian Press
Related
Two men who were wrongfully convicted of crimes and later acquitted were denied compensation Wednesday by the Ontario government despite ordeals their lawyer said "completely wrecked" their lives.
Robert Baltovich was acquitted of the murder of Elizabeth Bain in 2008. (Canadian Press) Attorney General Chris Bentley said financial compensation only applied to "rare, unusual cases" and wasn't appropriate in the cases of Robert Baltovich and Anthony Hanemaayer.
"They have both been found not guilty as a result of the steps that the justice system has taken," Bentley said. "I actually think that speaks to one of the strengths of the justice system in the province of Ontario and in Canada generally."
Baltovich won an acquittal in 2008 for the murder of his girlfriend Elizabeth Bain, a crime for which he served eight years behind bars, while Hanemaayer served two years in prison after he was wrongfully convicted of sexual assault in 1987.
Lawyer James Lockyer sought compensation in both cases as well as an inquiry into why it took the province's top court so long to quash Baltovich's conviction. Calls for a public inquiry were also denied.
"The attorney general's decision today just demonstrates an indifference to the plight of these two men wrongfully convicted," Lockyer said. "It just seems to me to be an extraordinarily indifferent decision, as bad as anything, as unconscionable as anything I've run into for a while."
Civil suits possible
Neither Baltovich nor Hanemaayer were surprised with the decision given they way they've been treated by the justice system, Lockyer added.
"Their lives were completely wrecked by what happened to them, the amount of time they spent in jail," said Lockyer, who is also a founding director of the Association in Defence of the Wrongly Convicted.
"Rob Baltovich was in for eight years. He went into jail with a recently acquired university degree and has come out unable to secure employment.
"Anthony Hanemaayer is without employment because he can only work seasonally at roofing."
Anthony Hanemaayer was exonerated in 2008 of a 1987 assault on a teenage girl after convicted killer Paul Bernardo confessed to the crime. (CBC) Lockyer has advised them both to pursue a civil lawsuit to try to get financial compensation, and expects them to be successful.
When he initially asked the government to consider compensation in 2008, Lockyer said Baltovich could launch a civil suit against the police for negligence, against the Crown for breach of his Charter rights, and certain individuals in the case. But Lockyer added he didn't want to engage in yet another adversarial court process unless it was "absolutely necessary."
Baltovich was handed a life sentence in 1992 after he was found guilty of killing Bain, who disappeared in 1990, and served eight years before he was given a chance to appeal his case. He was released on bail in 2000. Five years later, Ontario's highest court quashed his conviction, ordering a new trial.
Baltovich was acquitted minutes into that second trial when the Crown said it had no evidence to support a conviction.
Lockyer has alleged the crime was committed by infamous serial rapist and schoolgirl killer Paul Bernardo — a claim Bernardo has denied.
Hanemaayer pleaded guilty part way through his 1989 trial for the assault of a 15-year-old Toronto girl, opting for a sentence of two years less a day instead of the stiffer six- to 10-year term he faced — a fact Bentley said figured into his decision.
The London, Ont., roofer was linked to the crime on the strength of eyewitness testimony by the victim's mother.
Hanemaayer had his record wiped clean in 2008 after the Ontario Court of Appeal heard the Crown believed Bernardo committed the offence — Bernardo had confessed to the crime in a jailhouse interview with police two years earlier.
NDP slams government
NDP critic Peter Kormos said the government's move to deny the men compensation shows a "shameful disregard" for people who were let down by the criminal justice system.
"It's important that they be compensated, and if anything it sends a clear message to the players in the system — police, Crowns and courts — that there will be a price to be paid when the system fails innocent people," said Kormos.
Nearly 20 Canadian men and women have had wrongful convictions acknowledged over the last decade.
Steven Truscott was 14 when he was sentenced to hang when he was convicted of the 1959 murder of schoolmate Lynn Harper. He spent months on death row until his sentence was commuted to life in prison and was paroled in 1969.
The Ontario Court of Appeal declared Truscott a victim of a miscarriage of justice and acquitted him of the crime, but stopped short of declaring him innocent due to a lack of physical evidence.
Truscott received a $6.5-million compensation package from the Province of Ontario — a package Bentley described as an "extremely unusual, once-in-a-lifetime situation."
Share Tools
Latest Toronto News Headlines
- Truck dangles on overpass after 401 crash in Ajax
- A section of Highway 401 is closed for hours after a tractor-trailer collides with an SUV, slides off the highway and hangs perilously over the roadway below. more »
- GO Transit train damaged by debris on tracks
- A GO Transit train is damaged after striking a short track section that appears to have been deliberately laid over the rails. more »
- Everest team unable to bring down Toronto woman's body
- Bad weather has hampered the recovery team that is attempting to bring down the body of a Toronto woman who died trying to climb Mt. Everest. more »
- Man shot dead in Oshawa
- A man in is mid-30s is dead after he was shot at a house in Oshawa on Friday night. more »
Top News Headlines
- Teen struck by lightning in Ottawa dies
- The victim of a Friday lightning strike during a storm in east Ottawa has died, CBC News has learned. more »
- Montreal protesters march in peaceful defiance
- The clanging of pots and pans sounded throughout Montreal's downtown core Saturday night and into early Sunday morning, as thousands of protesters marched on in peaceful — but loud — defiance of Bill 78. more »
- Outrage grows over Syria killings
- The deaths in Syria of over 90 people, including at least 32 children, has sparked international outrage and raised fears that the international peace plan is in tatters. more »
- Missing Winnipeg children found in Mexico
- Two Winnipeg children reported missing and possibly in Mexico have been found alive, according to unofficial reports from an agency that works to find missing people. more »
- Everest victim's husband says family not seeking government help
- Truck dangles on overpass after 401 crash in Ajax
- Brampton family seeks woman missing since Thursday
- GO Transit train damaged by debris on tracks
- 'Save me' last words of Mount Everest climber
- Timmins fire crews aided by calmer winds
- Everest team unable to bring down Toronto woman's body
- Man shot dead in Oshawa
- Serial carjacker gets life term for fatal crash

