While AIDWYC has never exonerated someone wrongly convicted of arson, we recognize that there is a good chance there have been such wrongful convictions in Canada. In 2009 the National Academy of Science (NAS) released a report titled Strengthening Forensic Science in the United States: a Path Forward. Vancouver lawyer Marilyn Sandford has written about the authors findings; The authors concluded, however, that fire analysis lacked scientific research on the variability of burn patterns and damage characteristics, and how they may be affected by the presence of accelerants. Further, many of the rules of thumb that have been typically assumed to indicate use of an accelerant have been shown to be unreliable. The Committee concluded that further research was required to put this discipline on a more solid scientific footing. According to Ms Sandford, the NAS report has become a tool for defence counsel seeking to exclude or limit forensic evidence in arson trials in the United States but Canadian Courts have yet to consider this relatively new research. Yesterday, Michigan man Victor Caminata was exonerated after spending more than 5 years in prison for arson. If we want to ensure innocent Canadians arent languishing in jails, those responsible for justice in Canada - police, lawyers and the Judiciary - must stay on top of the latest research in forensic science. Like the hair microscopy junk science that kept AIDWYC client Kyle Unger (aidwyc.org/cases/historical/kyle-unger/) in jail for over a decade, the evidence of arson experts may have put innocent Canadians behind bars. Continuing legal education is key!
Posted on: Thu, 23 Jan 2014 15:50:09 +0000
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