"WOLCH NOTED TRUSCOTT'S EXECUTION ORDER WOULD HAVE BEEN ADMINISTERED BY THE FEDERAL GOVERNMENT, AS WAS THE COMMUTATION SEVERAL MONTHS LATER TO LIFE IN PRISON. AS WELL THE FEDERAL GOVERNMENT, THROUGH THE SUPREME COURT, DENIED TRUSCOTT'S 1966 BID TO GET A NEW TRIAL."
REPORTER SCOTT TRACEY: THE GUELPH MERCURY;
-------------------------------------------------------------------------------
The Steven Truscott case is one of the most horrifying miscarriages of justice in Canadian history;
By way of brief Wikipedia introduction for those unfamiliar with the case - in which the fact that the pathologist who conducted the autopsy had changed his opinion as to the time of death was not disclosed to the defence:
"Steven Murray Truscott (born January 18, 1945 in Vancouver, British Columbia) is a Canadian man who was sentenced to death in 1959, when he was a 14-year old student, for the alleged murder of classmate Lynne Harper. His death sentence was commuted to life imprisonment, and he continued to maintain his innocence until 2007, when his conviction was declared a miscarriage of justice and he was formally acquitted of the crime.
On July 7, 2008, the government of Ontario awarded him $6.50 million in compensation.[1]
Truscott was scheduled to be hanged on December 8, 1959; however, a temporary reprieve on November 20, 1959 postponed his execution to February 16, 1960 to allow for an appeal. On January 22, 1960, his death sentence was commuted to life imprisonment.
Truscott was the youngest person to be sentenced to death in Canada, and his case gave major impetus toward the abolition of the death penalty in Canada.
On November 29, 2001, Truscott filed a section 690 Criminal Code application for a review of his 1959 murder conviction. Hearings in a review of the Truscott case were heard at the Ontario Court of Appeal.
On August 28, 2007, after review of nearly 250 fresh pieces of evidence, the court declared that Truscott's conviction had been a miscarriage of justice. As he was not declared factually innocent, a new trial could have been ordered, but this was a practical impossibility given the passage of time. Accordingly, the court acquitted Truscott of the murder."
Although Truscott has been vindicated by the Ontario Court of Appeal - and has received his compensation from the Ontario Government - it was not publicly known until today that the federal government - which would have executed the teenager - has contributed 50% of the compensation;
"The federal government has reimbursed the province for half of the more than $6 million wrongful conviction award given last year to Steven Truscott," the story, by reporter Scott Tracey, begins, under the heading: "Feds pay their share: Ontario reimbursed for half of the $6.5M awarded to Truscott as compensation for wrongful conviction in 1959 death."
"Brendan Crawley, a spokesperson for Ontario's Ministry of the Attorney General, said yesterday the feds earlier this year paid Ontario "for half of the total compensation, so it was split 50-50," the story continues;
One year ago yesterday, Attorney-General Chris Bentley announced the province would pay Truscott $6.5 million -- and his wife Marlene another $100,000 -- in compensation for Truscott's wrongful conviction in the 1959 death of his schoolmate near Clinton, Ont.
The announcement followed advice given by retired judge Sydney Robins, who had been retained by the province following Truscott's exoneration by the Ontario Court of Appeal in August 2007, to examine the compensation issue. In his 57-page report, Robins recommended the federal government cover half the costs.
"In the present case . . . I believe that the cost of this miscarriage of justice should be shared equally by each level of government," Robins wrote. "Both governments have been involved in this matter virtually since its inception in 1959 and I can see no reason why they should not share equally the costs of the compensation payable to Mr. Truscott and his wife."
Yesterday, Truscott lawyer Hersh Wolch said the feds' willingness to cover half of the award should not be seen as an admission of wrongdoing on the part of the government of Canada, though the legal team believes the federal government bore much of the responsibility for Truscott's conviction and difficulty in clearing his name.
"Obviously, they have responsibility," Wolch said. "We've always felt the federal government shared in the responsibility."
Wolch noted Truscott's execution order would have been administered by the federal government, as was the commutation several months later to life in prison. As well the federal government, through the Supreme Court, denied Truscott's 1966 bid to get a new trial.
As well, six of the 10 years Truscott was behind bars -- after his 18th birthday -- were spent in federal prisons, where he was "treated" with LSD and sodium Pentothal in a failed effort to get him to confess to killing 12-year-old Lynne Harper.
Wolch noted the federal government typically does contribute to wrongful conviction awards, but he said those amounts are generally negotiated between the levels of government and lawyers for the wrongly-convicted do not get involved.
"From our point of view, as long as the compensation comes in the proper amount we're done with it," Wolch said.
The Truscotts, who moved outside of Guelph after the compensation announcement, have avoided the spotlight for the past year.
In an email to supporters last weekend, they wrote that their youngest son Devon was recently married by the same minister who married Steve and Marlene nearly 40 years ago and that their fourth grandchild was born earlier this year.
The couple plan to do some travelling, including a trip to eastern Canada this fall.
In October, Marlene will resume work on a book about their lives.
Harold Levy...hlevy15@gmail.com
