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Writer's pictureInnocence Carleton

Access to Justice and Wrongful Convictions

Maia Wenger


Wrongful convictions are a known by-product of our criminal legal system. Lengthy wait

times before trial, faulty eyewitness testimony, “tunnel vision” on behalf of police and

prosecutors, false confessions, forensic errors, and systemic discrimination all play a role in

wrongful convictions. An area of particular concern in Canada is the continued defunding of

public legal services.

Legal services are in a state of crisis, and access to justice continues to be a problem

faced by many Canadians. Many people lack access to adequate representation because they

cannot afford it and are ineligible for public legal services. COVID-19 has exasperated this

disparity. In Ontario, the government has slashed legal aid funding repeatedly over the last few

years. This means many marginalized people will be forced into situations where they may feel

pressured to plead guilty to avoid the costs associated with retaining a lawyer or going to trial. In

order to combat wrongful convictions, an important step is to ensure that every individual has

access to adequate and affordable legal representation.


Sources:

—https://uoftlawclsa.weebly.com/blog/against-the-height-of-injustice-in-conversation-with-

bhavan-sodhi-of-innocence-canada

—https://wmich.edu/sociology/causes-wrongful-conviction

—https://www.thestar.com/news/canada/2020/07/13/legal-aid-ontario-facing-up-to-70-million-

funding-drop-amid-covid-19-perfect-storm.html

—https://www.cba.org/CMSPages/GetFile.aspx?guid=0bca7740-5d06-4435-8b4d-


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