The entire country will be watching on Monday, October 15, when the Ontario Court of Appeal hears the reference from Federal Justice Minister Rob Nicholson in the case of William Mullins-Johnson.
To the average Canadian it must be patently clear by now that Mullins-Johnson is totally, completely, absolutely and unequivocally an innocent man.
His beloved niece 4-year-old Valin was neither sexually assaulted or strangled to death as Dr. Charles Smith and other experts said - she was not the victim of any crime.
You can't be more innocent then that.
Canada's criminal justice system let Bill Mullins-Johnson down - and caused him and his family enormous harm.
It convicted Mullins-Johnson of first-degree murder in Valin's death and sentenced him to life imprisonment - and he served more than twelve years behind bars in penitentiary before being released.
Worse, he had to spend much of those twelve years in solitary confinement at his own request - so he would be protected from other prisoners who mete out their own punishment to those at the bottom of the pole in prisons - rapists and child killers.
A majority of the Ontario Court of Appeal dismissed his appeal.
The Supreme Court of Canada also dismissed his appeal - in just two curt lines.
If not for the persistent efforts of his devoted mother Laureena, an appeal lawyer named Michael Lomer who managed to obtain a dissenting judgment in the Ontario Court of Appeal and continued to support Mullins-Johnson after he had exhausted all of his legal remedies, Win Wahrer, a staff member of the Association in defence of the Wrongfully convicted (AIDWYC) who totally believed in his cause, and extraordinarily able and committed AIDWYC lawyers David Bayliss and James Lockyer, Mullins-Johnson might still be behind bars.
People will be watching from across the country to see how Canada's criminal justice manages to set straight the terrible mistakes it has made.
For a start they will expect the Court of appeal to publicly acknowledge that Mullins-Johnson is "factually innocent" of these crimes that never occurred.
They will also expect the federal and provincial governments to acknowledge their mistakes - and to generously compensate Mullins-Johnson for the loss of such an important part of his life and the horrors he and his family have had to endure as a result of their errors.
A factum filed with the Court of Appeal by Mullins-Johnson's lawyers makes it clear that it is not nearly enough for the Court to quash the conviction and enter an acquittal.
Just to do that would be a travesty on the facts of the Mullins-Johnson case.
"For the appellant (Mullins-Johnson) the case does not end there," the factum says.
" Ever since his arrest, William Mullins-Johnson has insisted on his factual innocence to family members, the police, prison authorities, the Courts, AIDWYC, the Minister of Justice and now this Court.
It is respectfully submitted that the stage has been reached where he is entitled to ask the Court to consider expressing its opinions on his innocence.
It is not enough for his conviction to be quashed and an acquittal entered.
The Appellant spent more than twelve years in prison for an awful crime which did not, in fact, occur.
He deserves to have his dignity and self-worth restored by a statement of his factual innocence.
He needs to be able to return home to his Reservation in Sault Ste Marie for the first time in more than 14 years with his head held high and without fear of recrimination.
In a letter to Professor Paciocco, (a law professor who reviewed the Mullins-Johnson case for the federal government HL) the Appellant’s counsel wrote:
"Mr. Mullins-Johnson has a paramount need to be vindicated. Until this happens, his brother Paul and several other members of his family have taken the position that they will not even consider entering into a reconciliation with him. Matters are such that Mr. Mullins-Johnson is not comfortable returning to live on the Rankin Reserve, his real and ancestral home, and is effectively exiled from his roots with the Batchewana First Nation. The position taken by these family members is not surprising. For more than 12 years, they have been told by medical professionals, senior police officers and the Crown Attorney for Sault Ste Marie that Mr. Mullins-Johnson sexually violated and murdered Valin, acts which, if he had committed them, would be disgraceful and despicable. The family needs to hear ...that the legal system got it wrong, and that there is now no reason to believe that Valin died of anything other than natural causes. Nothing else can bring this case to rest. It would enable everyone to genuinely mourn Valin’s premature sudden death without anger or hate. It would return Mr. Mullins-Johnson’s dignity and self-worth to him."
"The sentiments expressed in the letter hold true today," the factum continues.
If it had not been for the dreadful rush to judgment that occurred within hours of Valin’s death, the Appellant would never have been charged in the first place.
Thereafter, the arrival of Dr. Smith and Dr. Mian (Dr. Marcellina Mian: A pediatrician at the Hospital for Sick Children HL ) on the case sealed his fate.
The police and Crown were fooled, defence counsel was fooled and the trial judge and the jury were fooled.
Valin’s mother and father were fooled too.
The residents of the Appellant’s Reserve were fooled.
They all now deserve the chance to mourn, with the Appellant, Valin’s death for what it really was – a tragic, natural, untimely death of a little girl. "
Even if the Court of Appeal quashes the conviction, enters an acquittal, and acknowledges Mullins-Johnson's factual innocence that is still not enough.
The Court of Appeal also owes Mullins-Johnson a heart-felt apology on behalf of Ontario's judicial system for the agonies it has put him through.
Can it summon the self-confidence and humanity to do so?
That remains to be seen.
