The appellant was wrongfully convicted of first-degree murder of his four-year-old niece in 1993 based on flawed pathology evidence.
Following a reference by the Minister of Justice, the Court of Appeal heard fresh expert evidence conclusively demonstrating that the deceased was neither sexually assaulted nor murdered, and that the trial experts were wrong.
The Court admitted the fresh evidence, quashed the conviction, and entered an acquittal, but declined to issue a formal declaration of factual innocence, holding that Canadian law does not recognize such a verdict.
