Chapter 7 - Education

I. Introduction

As various Canadian public inquiries have taught us, education and training to justice system participants can reduce the risk of wrongful convictions. Further, it is important that the education and training be targeted to the role of individual justice system players, and that it be made a regular component of training and education regimes to ensure it is sustained. Ensuring ongoing training and education is an important method to build both general awareness of the causes of wrongful convictions, and also to provide specific strategies that will reduce the risk.

Education about the causes of wrongful convictions and strategies to prevent them makes an important contribution to achieving the overarching goal of the 2011 Report: promoting continuing vigilance against the key risk factors that contribute to wrongful convictions. As the 2005 Report stated:

By educating Crowns, defence, police, members of the judiciary, forensic scientists and last but not least the public at large, we may be able to prevent wrongful convictions, thus promoting a strong, fair justice system and public confidence in the administration of justice. Indeed, the Morin and Sophonow Inquiries both identified the education of justice participants as a key aspect of any response to wrongful convictions and as a means to prevent them in the future.^{Footnote 277}

II. 2011 Recommendations

1. A National Forum on the Prevention of Wrongful Convictions, co-sponsored by the Heads of Prosecutions Committee and the Canadian Association of Chiefs of Police, should be held to provide national leadership and direction.
2. The following options for educational venues should be considered:
   1. joint educational sessions involving Crowns, police, defence and forensic scientists;
   2. specialized conferences, courses and educational materials for police;
   3. specialized conferences for Crowns, as well as segments in continuing education programs;
   4. judicial information sessions;
   5. law school courses;
   6. bar admission course; and
   7. education opportunities for the defence bar.
3. The following educational techniques should be considered:
   1. presentation of case studies of wrongful convictions and lessons learned;
   2. small group discussions and role-playing, demonstrations of witness interviews, and conducting photo-lineups;
   3. on-line training for Crowns and police;
   4. distribution of educational materials/policies on CD-ROM;
   5. video-linked conferences;
   6. participation of psychologists, law professors and criminologists in educational conferences;
   7. guest speakers, including the wrongfully convicted; and
   8. regular newsletters on miscarriage of justice issues.
4. The following educational topics should be considered:
   1. role of the Crown and Attorney General;
   2. role of the police;
   3. tunnel vision;
   4. post-offence conduct and demeanour evidence;
   5. frailties of eyewitness identification;
   6. false confessions;
   7. witness interviews;
   8. alibi evidence;
   9. jailhouse informants;
   10. ineffective assistance of defence counsel;
   11. forensic scientific evidence and the proper use of expert evidence;
   12. benefits of DNA evidence;
   13. disclosure;
   14. charge screening;
   15. conceding appeals / fresh evidence.
5. Each prosecution service should develop a comprehensive written plan for educating its Crown attorneys on the causes and prevention of wrongful convictions.
6. Any educational plan for the prevention of miscarriages of justice should include a public communication strategy to advise the public that participants in the criminal justice system are willing to take action to prevent future wrongful convictions.

III. The Current State of Training for Police and Prosecutors in Canada

In the 2011 Report, considerable information was gathered about initiatives underway across Canada for prosecution services and police. For this report, the Subcommittee decided that there would be a benefit to conducting a quantifiable analysis to understand the current state of training for police and prosecution agencies regarding the issue of wrongful convictions. To gather the data necessary, surveys were developed and administered to police agencies, police training institutes and prosecution services in Canada.

A total of 42 police agencies, ten police training institutes, and ten prosecution services (one representative per agency) responded to the survey.

Methodology

The surveys were designed electronically using the Survey Monkey software program. This software allows for anonymity of responses and pre-programmed “logic flow” to direct respondents to relevant questions. This program allows respondents to respond to both quantitative and open-ended questions.

The surveys were sent to key individuals within each organization so that a representative could complete the survey on behalf of the organization (i.e., someone who is familiar with training courses). An email invitation was sent indicating the purpose of the survey and the length of time the survey would be available to complete.

Key Findings

• The majority of respondents from all three sample groups reported that their agency does not offer a specific course on wrongful convictions.
• The majority of respondents from all sample groups indicated that their agency does offer other training/courses that contain some material on wrongful convictions; the police survey and police training institutes reported that this material is approximately 10 percent of the training and two respondents from Crown reported that the material is 10 percent and 20 percent.
• The police agencies indicated that it is often the Major Case Management, Major Crime, or General Investigative Techniques courses that offer some wrongful conviction material.
• The majority of representatives from all three samples support the development of a new national course on preventing wrongful convictions.
• The preferred delivery method, should a new course be developed, is either online or a combination of on-line and in-class delivery.

a) Police Agencies: Key Findings

Sample Summary

A total of 42 police agencies (one representative per agency) responded to a survey designed to assess current practices in training police officers on wrongful convictions and interest in future training. (There are approximately 150 police services across Canada.) Fifteen agencies indicated that they had more than 500 officers (with an average of 1,367 sworn members). The remaining agencies had between eight and 413 sworn members.^{Footnote 278}

Courses Identified with a Wrongful Conviction Component

Of the 42 responding police agencies, half indicated they had investigative courses that included material on wrongful convictions as a component of the course. These courses included:

• Team Commander
• Major Case Management
• Negligent Investigations
• General Investigation and Major Crime Investigation
• Forensic Interviewing
• Undercover Investigations
• Recruit Training

Respondents were asked to describe the subject areas covered in the various training courses that included a component of wrongful convictions:

• Role of Crown and Attorney General
• Role of the Police
• Tunnel Vision
• Eyewitness Identification
• False Confessions
• Jailhouse Informants
• Alibi Evidence
• Witness Interviews
• Ineffective Assistance of Defense Counsel
• Forensic Evidence
• Benefits of DNA Evidence
• Disclosure
• Charge Screening/Approval
• Conceding Appeals/Fresh Evidence

Wrongful Convictions Training Summary

Forty police agencies (98 percent of the agencies that responded) reported that they do not have a specific course on the prevention of wrongful convictions for police officers. One agency indicated that they did have a specific course, but the respondent did not answer any subsequent questions about their wrongful convictions course.

• While 21 police agencies (53 percent) offer investigative training courses that contain some material on the prevention of wrongful convictions, 19 agencies (48 percent) did not have a course that has any material on wrongful convictions.
• Of the 21 agencies that had investigative courses with wrongful conviction material, 12 agencies provided the name(s) of their investigative course that contains material on wrongful convictions. Major Case Management, Major Crime, and General Investigative Techniques were the three most commonly mentioned courses that are currently available and contain components of curriculum on wrongful convictions. The intended audience for these courses was predominantly Detectives/Detective Constables (92 percent), Constables (62 percent), Sergeants/Staff Sergeants (38 percent), and Upper Management (15 percent) (as depicted in the histogram below).
• Of the 12 responses, 10 agencies indicated that the material on wrongful convictions comprises 10 percent of the material in the course (two respondents indicated that the material on wrongful convictions is 90 percent or more of the course).
• The majority of these courses are delivered in-class (for 92 percent or 11 agencies) with one agency using a combined in class and on-line delivery method.
• Respondents were asked to choose from a list of topics to indicate which particular wrongful conviction subject matter/topics is covered in the training. The survey findings reveal that tunnel vision and false confessions were covered in all the courses (from all agencies that indicated their investigative courses have material on wrongful convictions).

The histogram below presents the topics that are covered along with the frequency:

Learning Objectives

When asked whether the course has learning objectives, seven respondents indicated that the training does have learning objectives. When asked to describe the objectives, the responses were as follows:

• Historical cases of wrongful convictions, interviewing methods to test for and protect against false confessions;
• Mainly proper collection of evidence;
• Part of general investigative techniques course;
• No, not specific to wrongful conviction;
• Principles of major case management;
• Most of it is built in as part of the training to be an effective investigator.

Evaluation Component

• Eighty-three percent (10 agencies) indicated that there is an evaluation/exam upon completion of the training.
• Seventeen percent (2 agencies) indicated that there is no evaluation/exam upon completion of the training.

The Development of a National Course on Preventing Wrongful Convictions

• Ninety-six percent of the respondents (27 agencies) support the development of a new national course on preventing wrongful convictions (1 agency did not).
• Forty-six percent (13 agencies) would prefer an online course.
• Forty-six percent (13 agencies) would prefer a combination of on-line and in-class course.
• Seven percent (2 agencies) would prefer an in-class course.

Areas for Improvement

Eighteen individuals responded with areas for potential improvement and key themes revolved around the general need for more training. Below are select quotes:

• I would like to see this topic integrated in some of our internal investigative and interviewing courses.
• In addition to learning about the wrongful convictions that have unfortunately occurred in the past, would be good to describe some success stories of wrongful convictions avoided etc.
• More case reviews of what went wrong in other investigations.
• Although we briefly cover it in various courses, it would be nice to have a formalized course.
• Developing an online course for all members.
• Always room for improvement in the evolution of training courses.

Further Comments/Recommendations on Training for Police

Fourteen responses were received when asked to provide additional comments or recommendations on training police in the prevention of wrongful convictions. Three responses indicated they did not have any further suggestions. The remaining comments are provided below:

• Make sure to keep hold backs in your investigation for yourself and search for corroboration with your suspect confessions.
• Consistent message of “follow the evidence” rather than trying to make things fit the way you expect them to. You will often be surprised sometimes how things really happened. Always nice to have a victim/family of victim component for ‘buy-in’.
• Recommend standardizing provincial training, use actual cases from Subject Matter Experts.
• I was working the VPD (Vancouver Police Department) on building a Preventing Wrongful Convictions course within the VPD. This is on our radar for development for 2017 as we have no training on this in-house.
• The utilization of CKPN (Canadian Police Knowledge Network) for a specific course on wrongful convictions would be effective and efficient.
• You have to ensure that your supervisors have the (key skills and abilities) to review and monitor investigations to avoid wrongful prosecutions and convictions.
• Training needs to bring together elements discussed in Investigative Interviewing, GIT, APT, Warrant Course etc., and expand on each in relation to preventing wrongful convictions. (i.e., bad confessions, poor interviewing, following the evidence, knowing your authorities etc.)
• Would definitely support the development of a national curriculum on this topic.
• Emphasis on quality investigations and following all investigative avenues. Use of a peer review process to ensure a dispassionate investigative outcome was reached and that all reasonable leads followed.
• Having been involved in Ontario MCM exec steering committee and the Kaufman Hearings, I see great jeopardy in the evolving work being done on cold cases. It has potential to affect many police services if we do not agree on standards to establishing retroactive review and the rehabilitation of evidence.

Current programs being offered on homicide and major case management (in Ontario) are for the development of investigators to provide for more professional and thorough investigations. Best practices and case reviews form an integral part of the learning. Ongoing development through conferences such as the OHIA (Ontario Homicide Investigators Association) annual Homicide Conference review investigations and provide current insight into best practices.

b) Police Training Institutes: Key Findings

Sample Summary

Police training institutes often offer both recruit training for new police officers and in-service advanced training for experienced officers, such as at the Justice Institute of B.C. However, some institutes only offer specialized training to current police officers, such the Canadian Police College and the RCMP’s Pacific Region Training Centre. Ten police training institutes responded to the survey (one representative per institution). Of the ten institutions, eight were RCMP (e.g. Depot, Divisions) and the others were the Canadian Police College and Justice Institute of B.C.

Wrongful Convictions Training Summary

• Nine of the ten training institutes do not have a specific course on preventing wrongful convictions.
• One training institute has a dedicated course on the prevention of wrongful convictions. The course is titled “Major Crimes Investigative Techniques” and it has a half-day session on wrongful convictions presented by Innocence Canada. This course is an in-service training course for sworn members (i.e. not recruits) and has “ongoing” availability (e.g. offered anytime—presumably online).
• Six of the ten agencies indicated that their institution offers courses that contain some material on preventing wrongful convictions. Four agencies indicated that there was no other training offered that has material on wrongful convictions.
• Of the six agencies that offer training with material on wrongful convictions:
  • All six agencies indicated that the training was in-service training (i.e. not for recruits).
  • All six agencies reported that wrongful convictions material is approximately 10 percent of the material in the course.
  • All six agencies reported that the format of the training was a combination of online and in-class with the course having ongoing availability (offered anytime).
  • Respondents were asked to choose from a list of topics to indicate which particular wrongful conviction subject matter/topics is covered in the training. The survey findings reveal that the role of Crown and Attorney General, the role of police, false confessions, jailhouse informants, witness interviews, ineffective assistance of defense counsel, DNA evidence and disclosure are topics that are covered in all of the courses (from all agencies that indicated their investigative courses have material on wrongful convictions).

The following histogram presents the topics that are covered in the training:

Learning Objectives

Of the six training institutes that indicated that the courses have specific learning objectives, three agencies responded as follows:

• Investigator Development Program (IDP) Major Case Management (MCM)
• Investigator Development Program
• Yes. Most of the training focuses on past cases or case law. Candidates gain an awareness of best practices to prevent future mistakes.

Evaluation Component

• Four training institutes indicated that there is an evaluation/exam upon completion of the training.
• Two training institutes indicated that there is no evaluation/exam upon completion of the training.

The Development of a National Course on Preventing Wrongful Convictions

• Four agencies indicated that their institution would not support the development of a new national course.
• Six agencies indicated supporting the development of a new national course.
• The preferred delivery format if such a course was developed was:
  • 11 percent would prefer an in-class course
  • 44 percent would prefer an online course
  • 44 percent would prefer a combination of in-class and online.

Further Comments/Recommendations on Training for Police

Four respondents provided additional comments/recommendations:

• At Depot we stress the importance to the cadets on how to conduct thorough investigations; gather pertinent and accurate information; comply with the Charter of Rights/meeting legal obligations and proper handling of exhibits; etc. The investigative techniques taught encompassed with the Core Values of the RCMP should contribute to the prevention of wrongful convictions.
• No such training is currently available, so any inclusion on an existing investigative course would be an improvement.
• Up to date material on wrongful convictions in Canada. Correspondence from other countries is unnecessary as they follow different investigative rules (disclosure, statements, etc.) The RCMP is committed to preventing wrongful convictions and ensures that various aspects of training focus on this topic.
• What would also be helpful is the availability of segmented ‘preventing wrongful convictions’ training resources or lesson plans that could be added into already existing courses for investigators. This would ensure the information is woven in each investigative course to reach the greatest number of investigators. The concept would mirror ‘open education’ where the material is open to all users with no licensing or copyright issues.

Canadian Police College

Notably, in addition to the information revealed in the survey, the Canadian Police College, which provides in-service training to police officers from across Canada, has been including material on failed investigations - including those resulting in wrongful convictions - since at least 1995 when the then three-week Major Case Management program started. Currently, the prevention of wrongful convictions is the subject of a three-hour lecture on the Major Crime Investigative Techniques course (MCITC). This is a recent addition to the curriculum and continues to be refined. Innocence Canada and well-known wrongful convictions expert Bruce MacFarlane have both lectured on the program.

RCMP

The RCMP is the largest police agency in Canada and so its training has a significant impact on the quality of policing in Canada. Further, the RCMP makes seats on many of its courses to other police agencies.

The RCMP does not offer a specific course related to Preventing Wrongful Convictions. However, the objective of preventing wrongful convictions, miscarriages of justice, and failed investigations is a learning objective in a variety of investigative courses post-recruit training. The following are some examples, but not an inventory of all courses, where significant training related to the prevention of wrongful convictions for RCMP (and other police agencies) does occur.

In understanding the level of training specific to preventing wrongful convictions, it is necessary to understand the fundamentals of Major Case Management (MCM) including the nine principles of MCM, which are: Command Triangle, Management Considerations, Crime Solving Considerations, Leadership and Team Building, Legal Considerations, Ethical Considerations, Accountability Mechanisms, Communication Considerations, and Partnerships. Of critical importance to MCM is the Command Triangle which includes the Team Commander (TC), Primary Investigator (PI) and the File Coordinator (FC). MCM training was formalized at the Canadian Police College in 1994 and continues in its development in the aftermath of miscarriages of justice, recommendations from various public inquiries, civil liability, and legislation. For example, in Justice Archie Campbell’s Bernardo Investigation Review, MCM training is strongly endorsed.^{Footnote 279}

The nine principles of MCM, when applied correctly, serve to ensure a professional investigation is completed to the ever-increasing investigative standards expected in Canada. As MCM was, in part, created in response to miscarriages of justice, these principles enhance best practices that serve to prevent wrongful convictions.

In addition to MCM training, the following RCMP Investigative Courses have specific training related to wrongful convictions:

Introduction to MCM (online): This course is a prerequisite for many RCMP members working in investigative roles. It is also required to be eligible for advanced investigative training opportunities as well as certification as an Accredited Team Commander. This course presents case studies on the miscarriages of justice in Canada and significant unsuccessful investigations as part of its curriculum to aid in the prevention of wrongful convictions. This online course was released to the Canadian Police Knowledge Network (CPKN) so any subscribing Canadian police agency can access it.

Investigators Development Program (IDP) (online and classroom): Candidates are provided a lesson in Effective Decision Making that provides instruction on duty of care to suspects, liability for investigative negligence, critical thinking, and the avoidance of tunnel vision. Candidates are also provided case presentations on miscarriages of justice in Canada.

Phased Interview for Witnesses (online and classroom): Candidates are introduced to the Phased Interview model that focuses on gathering information from interviewees. Related to preventing wrongful convictions, this model embraces pure version statement techniques to objectively seek the truth.

Phased Interview for Suspects (classroom): Candidates are introduced to the Phased Interview for Suspects model that is non-accusatory and focusses information gathering in a non-adversarial conversation. This models serves to prevent false confessions and as such, prevents wrongful convictions.

Foundations of File Coordination (FCC) (classroom): This is an E Division [BC RCMP] Course that is considered an advanced level for the employees that take it. A component of the course is a module that presents case studies on miscarriages of justice in Canada, significant unsuccessful investigations, and the impact a File Coordinator is required to have in future investigations in this regard.

Major Crime Investigative Techniques Course (MCIT) Canadian Police College (CPC) (classroom): The MCIT is an advanced course, focusing on the role of the primary investigator, guiding participants through different decision-making models which affect the speed, flow and direction of an investigation.^{Footnote 280} Related to preventing wrongful convictions, candidates are instructed on strategies to evaluate a number of group decision making models to mitigate risks and select the best possible course of action. Training in this course is often a pre-requisite for other advanced investigative training as well as for Team Commander Accreditation.

Major Case Management - Team Commander (MCMTC) CPC Course (classroom): The MCMTC Course is a pre-requisite for Accredited Team Commanders. It is currently considered the highest level course for MCM training for RCMP employees and many other police agencies that access the training. Regarding the prevention of wrongful convictions, this course has a module dedicated to managing decision making. During this module, candidates are provided with case studies on the miscarriages of justice in Canada and significant unsuccessful investigations to identify threats to good decision making and to develop effective decision making techniques for application in future investigations. Examples of tunnel vision and examples of correct critical thinking concepts are demonstrated.

These various courses represent a significant investment by the RCMP in training its members (and the many other police agencies that access the training) to improve the quality of serious crime investigations and reduce the chances of a wrongful conviction. Strong adherence to, and application of, the nine principles of MCM is the platform that underpins these efforts.

c) Crown Counsel: Key Findings

Sample Summary

Representatives from ten Prosecution Services completed this survey (one representative per prosecution region).

Wrongful Convictions Training Summary

• Nine of the ten prosecution services do not have a specific course on preventing wrongful convictions.
• One prosecution service has a dedicated course on the prevention of wrongful convictions. It is called “The Prevention of Wrongful Convictions: Lessons from the Canadian Experience”. This on-line course is mandatory for all Crown counsel (e.g. junior, mid-level and senior) and is available at all times.
• Seven of the ten prosecution services indicated that they offer courses/training that contain some material on preventing wrongful convictions. Three services indicated that there was no other training offered that has material on wrongful convictions.
• Of the prosecution services that offer training with material on wrongful convictions, three specified the names of the courses/training:
  • Newly hired Crown Attorney Professional Development Program (intended for Junior Crown counsel)
  • Workshops on the Role of the Crown and Advocacy
  • Guidebook of Policies and Procedures for the Conduct of Criminal Prosecutions in Prince Edward Island (intended for all Crown counsel)
• One prosecution service reported that material on wrongful convictions is approximately ten percent of the material in the course, one reported it was approximately 20 percent and the third reported it was approximately 40 percent.
• When asked to describe the format of the training, two respondents answered that it was an in-class course.
• Respondents were asked to choose from a list of topics to indicate which particular wrongful conviction subject matter/topics is covered in the training. The survey findings reveal that the role of Crown and Attorney General, and the issues of disclosure, are topics that are covered in all of the courses (from the prosecution services that indicated their courses have material on wrongful convictions). One prosecution service whose course was 40 percent on wrongful convictions reported it included multiple key issues, e.g., tunnel vision, jailhouse informers, and others.

The following histogram presents the topics that are covered in the training:

Learning Objectives

Of the prosecution services that indicated that the courses have specific learning objectives, two responses were received when asked to describe the learning objectives:

• Exercise of discretion; role of the Crown
• Yes. Attuning Crowns to the basic factors and issues common in the known cases of wrongful convictions.

Evaluation Component

One prosecution service responded that there is an evaluation/exam upon completion of the training.

The Development of a National Course on Preventing Wrongful Convictions

• Of the ten prosecution services that responded to the question, six indicated that they would support the development of a new national course on preventing wrongful convictions.
• The preferred delivery format if such a course was developed was as follows (respondents could choose more than one option):
  • One prosecution service would prefer an in-class course
  • Five prosecution services would prefer an online course
  • Four prosecution services would prefer a combination of in-class and online.

Areas of Training for Potential Improvement

Several responses were received when asked to describe any areas of training for potential improvement around preventing wrongful convictions:

• Development of a specific workshop on preventing wrongful convictions
• (a) tunnel vision (b) expert evidence

Further Comments/Recommendations on Training on Preventing Wrongful Convictions

Five responses were received for additional comments:

• Focus on the role of the Crown: i.e. not win or lose.
• Suggest there may be general resource materials or subject area experts that specifically address wrongful convictions that could be identified and used in a focused training session. For example, examining specific cases within Canada or other jurisdictions such as the United States.
• Our support for a national course would not include financial support.
• We have devoted our annual conference to preventing wrongful convictions twice in the last decade. Also, we have repeatedly featured conference sessions on preventing wrongful convictions and problematic investigative techniques. We have had webinars for both Crown and staff looking at the work of the HOP sub-committee and on the reports from the group.

Public Prosecution Service of Canada Online Training Package

As discussed in the surveys, it is notable that the Public Prosecution Service of Canada (PPSC) has provided training for a number of years concerning the prevention of wrongful convictions, in collaboration with the federal Department of Justice. Further, on December 12, 2016, to coincide with the 10th anniversary of the creation of the PPSC, the federal prosecution service launched an online training package, mandatory for all PPSC Crown counsel, concerning the Prevention of Wrongful Convictions. The training package is called The Prevention of Wrongful Convictions: Lessons from the Canadian Experience. It consists of two modules, and is available to PPSC Crowns in both official languages. It is the first online training program developed by any prosecution service in Canada dedicated exclusively to the Prevention of Wrongful Convictions.

In the first module, a Chief Federal Prosecutor from the PPSC provides an overview of the subject, and identifies what has been learned from the research, as well as the seven Canadian commissions of inquiry in Canada, regarding the factors and related issues that have consistently played a role in known wrongful convictions in Canada. In the second module, three experienced senior counsel discuss various fictitious cases that highlight the risks of wrongful convictions. The scenarios enable the panellists to discuss how the Crown should best respond to these situations to reduce the risks of wrongful convictions. The training package also alerts Crowns to the “PPSC Deskbook Directive 2.4 on the Prevention of Wrongful Convictions”, which is readily available to the public online. The training package also includes a bibliography for further reading and is available to federal Crowns at any time through an internal web site. The training is accredited by Canadian law societies.

In Quebec, since the publication of the 2005 Report, steps have been taken to raise awareness among prosecutors about the risks that can lead to wrongful convictions. Education on these important notions has been incorporated into the basic training given to prosecutors since 2006. In addition, since its creation in 2007, the Director of Criminal and Penal Prosecutions (DCPP) has instructed its prosecutors to remain objective and open-minded at all times to avoid handling a file in a manner that may result in a wrongful conviction. In 2012, a presentation on the 2011 Report was given to all prosecutors. The report has since been added to the DCPP’s online legal library so that it be easily accessible to all prosecutors. Finally, the PPSC training program is available online for all DCPP prosecutors.

IV. Current Educational Initiatives for Judges in Canada

The prevention of wrongful convictions is a topic which is included in educational programs and resources available to Canadian judges through the National Judicial Institute (NJI). Based in Ottawa, the NJI is an independent, not-for-profit institution committed to building better justice through leadership in the education of judges in Canada and internationally.The NJI’s offerings include:

• A national seminar on Preventing Wrongful Convictions, most recently delivered in March 2017, which addresses the role of race, Indigenous status and gender in wrongful convictions; confessions and false witness statements; perception, memory and reliability, including eyewitness evidence; the frailties of scientific evidence; and the role of the judge in preventing wrongful convictions. The co-chair of the Subcommittee was among the presenters. The course was presented again in fall 2018;
• A national week-long program on Evidence, which includes in-depth sessions on character evidence, confessions, credibility and deception detection, and scientific evidence;
• A comprehensive bench book (an overview of legal procedure for judges) on Evidence, which discusses the findings of various inquiries into wrongful convictions to put into context the jurisprudence on issues such as eyewitness identification, hearsay, expert evidence, confessions and Vetrovec warnings;
• A national program on Science in the Courtroom, which focuses on:
  • The scientific method, scientific literacy, and ethical standards for experts; and
  • A Science Manual, which was created in response to the recommendations of the Inquiry into Pediatric Forensic Pathology in Ontario, and which provides judges with comprehensive information on the role of the judge hearing scientific evidence, the scientific method, and the management of scientific evidence in the courtroom. The Honourable Stephen T. Goudge, head of that Inquiry, was on the editorial committee of this publication.
• The 2016 Symposium in Honour of the Honourable Justice Marc Rosenberg, which was a joint effort of the NJI and Osgoode Hall Law School. Preventing wrongful convictions was one of the themes of the program. More than 200 judges, lawyers, government officials, law students and academics from across the country attended the event. The papers from the program were published in 2017.

In addition to these national programs and resources, judges participate in sessions on these same topics during their individual courts’ regular educational seminars.

V. Developments in Educational Initiatives in Canada Law Schools

Courses dealing with wrongful convictions are now a staple at many Canadian universities and law schools. The courses, usually seminars, involve a mixture of traditional lectures, guest speakers (including the wrongfully convicted themselves), audio-visual materials such as podcasts and documentaries, case studies and doctrinal readings from law and other disciplines. Indeed, the 2011 Report is the required text for several of the courses.

Among the courses are those at: University of Ottawa (Faculty of Common Law and Department of Criminology), University of Toronto Faculty of Law, University of Toronto Centre for Criminology, Carleton University, Western University, University of Alberta, University of Manitoba, Peter A. Allard School of Law at the University of British Columbia, and Algoma University.

Here is the description of one such course:

Offered at UBC Law since 2004, this seminar is designed to explore the phenomenon of wrongful convictions. The broad focus is on the legal rules and principles designed to prevent wrongful convictions, including the evolution of those rules and principles. The course considers particular types of evidence that have been identified as sources of wrongful convictions. These include:

• eyewitness identification;
• testimony of unsavoury witnesses;
• false confessions;
• problematic scientific evidence; and
• questionable circumstantial evidence.

The seminar also studies how criminal justice system participants (the police, Crown counsel, defence counsel, experts and the judiciary) may contribute to wrongful convictions, and what can be done to reduce the risk of wrongful convictions. The course has a variety of guest speakers attend as well as regular lectures.

“In each class we focused on race, gender, socioeconomic status and other factors that make Indigenous people, racialized people, the poor and others particularly vulnerable to wrongful convictions,” explains Amanda Carling, manager of the Indigenous Initiatives Office at the Faculty of Law at the University of Toronto. “We spend a lot of time speaking about the fact that most of the high-profile wrongful convictions we study in Canada, largely by virtue of the public inquiries that have followed, are the cases of white men. We contrasted this to the situation in the United States where we know that Black people are overrepresented among the exonerated, at rates that cannot simply be explained by their overrepresentation in prisons.”^{Footnote 281}

Several faculties also have Innocence Projects, where students investigate allegations of wrongful conviction and help prepare applications to the federal Minister of Justice under s. 696.1 of the Criminal Code. Some combine both an academic and clinical component. Among the projects are those at the University of Ottawa, Peter A. Allard School of Law at the University of British Columbia, University of Manitoba, McGill University and University of Montreal. Algoma University also houses the Innocence Compensation Project, an organization dedicated to assisting those who have been wrongfully convicted and imprisoned re-enter their communities and obtain compensation for the loss of their liberty and the collateral damage caused by that loss.^{Footnote 282}

VI. Conclusion

The surveys of police agencies, police training institutions, and prosecution services provided helpful data, which demonstrates that while much good work is being done, some agencies are much more advanced than others in providing education and training to reduce the chances of wrongful convictions.

It was discouraging that the majority of respondents from all three sample groups reported that their agency does not offer a specific course on wrongful convictions. However, on a more positive note, the majority of respondents from all sample groups indicated that their agency does offer other training/courses that contain some material on wrongful convictions, such as in Major Case Management and Police Investigator courses. The police survey and police training institutes reported that this material is approximately ten percent of the training, while two respondents from Crown reported that the material is ten percent and twenty percent of various courses provided to prosecutors. The police agencies indicated that it is often the Major Case Management, Major Crime, or General Investigative Techniques courses that offer some wrongful conviction material.

The majority of representatives from all three samples support the development of a new national course on preventing wrongful convictions. The preferred delivery method, should a new course be developed, is either online or a combination of on-line and in-class delivery. The data from the surveys provides a strong basis for recommendations going forward to improve the consistency of training across Canada.

VII. Updated Recommendations

1. A national course with modules for police and Crown that can be delivered on-line should be developed and updated periodically;
2. An on-line course should be complemented by the development of a curriculum intended to be delivered in person once the on-line course had been completed;
3. Once the on-line and in-person curriculum is developed, a national “train the trainers” course should be developed so that all police and prosecution services can ensure that appropriate staff are trained in delivering the curriculum; and
4. All police agencies and police training institutions should be encouraged to review current investigative training programs (e.g., major case management and team commander training, forensic interviewing courses, general investigator courses) to ensure that the causes and solutions for wrongful convictions are integrated in this training given that such training is entirely consistent with promoting investigative excellence.

Appendix A

Heads of Prosecution Subcommittee on Preventing Wrongful Convictions - Training Survey (Police)

1. Please provide the name of your police agency.

   __________________________________________________________________

2. Please provide the number of sworn officers in your organization. (If number is unknown, please provide an approximation)

   __________________________________________________________________

3. Do you have a specific course on prevention of wrongful convictions available to police officers?
   • Yes
   • No

   If Yes to Q3...

4. What is the name of the course?

   __________________________________________________________________

5. Who is the intended audience for the course? (Check all that apply.)
   • Constables
   • Detectives/Detective Constables
   • Sergeants/Staff Sergeants
   • Upper Management
6. How often is the course offered?
   • Ongoing (i.e. available anytime) Monthly
   • Annually

   Other (please specify)

   __________________________________________________________________

   If No to Q3 or after Q6….

7. * Do any of your investigative training courses contain materials on preventing wrongful convictions?
   • Yes
   • No

   If Yes to Q7…

8. Please name these courses.

   __________________________________________________________________

9. Who is the intended audience for these courses? (Check all that apply.)
   • Constables
   • Detectives/Detective Constables
   • Sergeants/Staff Sergeants
   • Upper Management
10. What subject matter/topics are covered on wrongful convictions in the training? (Check all that apply.)
    • Role of Crown and Attorney General
    • Role of police
    • Tunnel vision
    • Eyewitness ID
    • False confessions
    • Jailhouse informants
    • Alibi Evidence
    • Witness interviews
    • Ineffective assistance of defense counsel Forensic evidence
    • Benefits of DNA evidence
    • Disclosure
    • Charge screening/approval
    • Conceding appeals/fresh evidence

    Other (please specify)

    __________________________________________________________________

11. How much of the course is dedicated to preventing wrongful convictions?

    __________________________________________________________________

12. What is the format in which the training containing lessons on preventing wrongful convictions is delivered?

    __________________________________________________________________

    • Conference
    • Online Course
    • In Class Course
    • Combined Online and In Class Course

    Other (please specify)

    __________________________________________________________________

13. Are there specified learning objectives for this training? If so, what are they?

    __________________________________________________________________

14. Does this training have an evaluation/exam upon completion for those that took the training?
    • Yes
    • No

    If No to Q7 or after Q14…

15. Would your police agency support the development of a new national course on preventing wrongful convictions?
    • Yes
    • No
16. If a new course curriculum was developed on preventing wrongful convictions, which format would you prefer? (Check all that apply.)
    • Conference
    • Online Course
    • In Class Course
    • Combined Online and In Class Course

    Other (please specify)

    __________________________________________________________________

17. Please describe any areas of training for potential improvement within your agency around preventing wrongful convictions.

    __________________________________________________________________

18. Do you have any further comments or recommendations on providing training for police on preventing wrongful convictions?

    __________________________________________________________________

Appendix B

Heads of Prosecution Subcommittee on Preventing Wrongful Convictions - Training Survey (Training Institutes)

1. Please provide the name of your training institution.

   __________________________________________________________________

2. Please provide the number of agencies served by your training institution. (If unsure, please provide an approximation.)

   __________________________________________________________________

3. Does your institution provide training/courses specifically on prevention of wrongful convictions?
   • Yes
   • No

   If Yes to Q3…

4. What is the name of the course?

   __________________________________________________________________

5. Who is the intended audience for the course? (Check all that apply.)
   • Police Recruits
   • Sworn Members (i.e. In-Service Training)
6. How often is the course offered?
   • Ongoing (i.e. available anytime)
   • Annually
   • Monthly

   Other (please specify)

   __________________________________________________________________

Only answer Q7 if the course is intended for police recruits.

7. In what segment of recruit training is prevention of wrongful convictions covered?

   __________________________________________________________________

Only answer Q8 if the course is intended for sworn members (i.e. In-service training).

8. How often is the In-Service course offered?
   • Ongoing (i.e. available anytime)
   • Annually
   • Monthly

   Other (please specify)

   If No to Q3 or after Q8….

9. Does your institution offer any other training/courses contain materials on preventing wrongful convictions?
   • Yes
   • No

   If Yes to Q9…

10. Who is the intended audience for this training? (Check all that apply)
    • Police Recruits
    • Sworn Members (i.e. In-Service Training)

Only answer Q11-12 if the course is intended for police recruits.

11. In what segment of recruit training is prevention of wrongful convictions covered?

    __________________________________________________________________

12. What subject matter/topics are covered on wrongful convictions in the training? (Check all that apply.)
    • Role of Crown and Attorney General
    • Role of police
    • Tunnel vision
    • Eyewitness ID
    • False confessions
    • Jailhouse informants
    • Alibi Evidence
    • Witness interviews
    • Ineffective assistance of defense counsel
    • Forensic evidence
    • Benefits of DNA evidence
    • Disclosure
    • Charge screening/approval
    • Conceding appeals/fresh evidence

    Other (please specify)

    __________________________________________________________________

Only answer Q13-19 if the course is intended for sworn members (i.e. In-service training).

13. Please name these In-Service courses.

    __________________________________________________________________

14. What subject matter/topics are covered on wrongful convictions in the training? (Check all that apply.)
    • Role of Crown and Attorney General
    • Role of police
    • Tunnel vision
    • Eyewitness ID
    • False confessions
    • Jailhouse informants
    • Alibi Evidence
    • Witness interviews
    • Ineffective assistance of defense counsel
    • Forensic evidence
    • Benefits of DNA evidence
    • Disclosure
    • Charge screening/approval
    • Conceding appeals/fresh evidence

    Other (please specify)

    __________________________________________________________________

15. How much of the course is dedicated to preventing wrongful convictions?

    __________________________________________________________________

16. What is the format in which the training containing lessons on preventing wrongful convictions is delivered?
    • Conference
    • Online Course
    • In Class Course
    • Combined Online and In Class Course

    Other (please specify)

    __________________________________________________________________

17. How often is the course offered?
    • Ongoing (i.e. available anytime)
    • Annually
    • Monthly

    Other (please specify)

    __________________________________________________________________

18. Are there specified learning objectives for this training? If so, what are they?

    __________________________________________________________________

19. Does this training have an evaluation/exam upon completion for those that took the training?
    • Yes
    • No

    If No to Q9 or after Q19…

20. Would your institution support the development of a new national course on preventing wrongful convictions?
    • Yes
    • No
21. If a new course curriculum was developed on preventing wrongful convictions, which format would you prefer? (Check all that apply.)
    • Conference
    • Online Course
    • In Class Course
    • Combined Online and In Class Course

    Other (please specify)

    __________________________________________________________________

22. Do you have any further comments or recommendations on providing training for police on preventing wrongful convictions?

Appendix C

Heads of Prosecution Subcommittee on Preventing Wrongful Convictions - Training Survey (Crown)

1. Please provide the name of your prosecution service (e.g. Criminal Justice Branch, BC Ministry of Justice)

   __________________________________________________________________

2. Please provide the number of Crown counsel in your prosecution service (If number is unknown, please provide an approximation)

   __________________________________________________________________

3. Do you have a specific course on prevention of wrongful convictions available to Crown counsel?
   • Yes
   • No

   If Yes to Q3…

4. What is the name of the course?

   __________________________________________________________________

5. Who is the intended audience for the course? (Check all that apply.)
   • Junior Crown Counsel (less than 5 years called to the bar)
   • Mid-Level Crown Counsel (5 to 10 years called to the bar)
   • Senior Crown Counsel (more than 10 years called to the bar)
   • All Crown Counsel
6. How often is the course offered?
   • Ongoing (i.e. available anytime)
   • Annually
   • Monthly

   Other (please specify)

   __________________________________________________________________

   If No to Q3 or after Q6….

7. Does any other training that is offered to Crown counsel contain materials on preventing wrongful convictions?
   • Yes
   • No

   If Yes to Q7…

8. Please name the training (e.g. course, conference, module) that contains material on preventing wrongful convictions.

   __________________________________________________________________

9. Who is the intended audience for the course? (Check all that apply.)
   • Junior Crown Counsel (less than 5 years called to the bar)
   • Mid-Level Crown Counsel (5 to 10 years called to the bar)
   • Senior Crown Counsel (more than 10 years called to the bar)
   • All Crown Counsel
10. What subject matter/topics are covered on wrongful convictions in the training? (Check all that apply.)
    • Role of Crown and Attorney General
    • Role of police
    • Tunnel vision
    • Eyewitness ID
    • False confessions
    • Jailhouse informants
    • Alibi Evidence
    • Witness interviews
    • Ineffective assistance of defense counsel
    • Forensic evidence
    • Benefits of DNA evidence
    • Disclosure
    • Charge screening/approval
    • Conceding appeals/fresh evidence

    Other (please specify)

    __________________________________________________________________

11. How much of the training is dedicated to preventing wrongful convictions?

    __________________________________________________________________

12. What is the format in which the training containing lessons on preventing wrongful convictions is delivered?
    • Conference
    • Online Course
    • In Class Course
    • Combined Online and In Class Course

    Other (please specify)

    __________________________________________________________________

13. Are there specified learning objectives for this training? If so, what are they?

    __________________________________________________________________

14. Does this training have an evaluation/exam upon completion for those that took the training?
    • Yes
    • No

    If No to Q7 or after Q14…

15. Would your Crown office support the development of a new national course on preventing wrongful convictions?
16. If a new course curriculum was developed on preventing wrongful convictions, which format would you prefer? (Check all that apply.)
    • In Class Course
    • Online Course
    • Combined In Class and Online Course

    Other (please specify)

    __________________________________________________________________

17. Please describe any areas of training for potential improvement within your office around preventing wrongful convictions.

    __________________________________________________________________

18. Do you have any further comments or recommendations on providing training for Crown counsel on preventing wrongful convictions?

    __________________________________________________________________

Appendix D

Responding Police Agencies

London Police Service

Sûreté du Québec (SECP-(homicides))

Laval Police Département

Regina Police Service

Ottawa Police Service

Hamilton Police Service

Vancouver Police Department

Kingston Police

Peel Regional Police

Calgary Police Service

Amherstburg Police Service

Abbotsford Police

Royal Newfoundland Constabulary

Cornwall Community Police Service

Barrie Police Service

Waterloo Regional Police Service  

Regina Police Service

Saanich Police Department

Charlottetown Police Services

Saint-Eustache

Bathurst City Police

Woodstock Police Force

Brantford Police Service

West Vancouver Police Department

Gatineau Police Service

Oak Bay PD

North Bay Police Service

Camrose Police Service

Guelph Police Service

York Regional Police

Lakeshore Regional Police Service

Amherst Police Department

Halifax Regional Police

Edmundston Police force

Altona Police Service

Royal Canadian Mounted Police

Appendix E

Responding Prosecution Services

1. Manitoba Prosecution Service
2. Public Prosecutions Saskatchewan
3. Directeur des poursuites criminelles et pénales (Montréal, Québec)
4. Criminal Justice Branch, BC Ministry of Justice & Attorney General
5. Canadian Military Prosecution Service
6. Nova Scotia Public Prosecution Service
7. Prince Edward Island Crown Attorney’s Office
8. Alberta Crown Prosecution Service
9. Public Prosecution Service of Canada (HQ) (Ottawa)
10. Crown Attorneys’ Offices, Ontario Ministry of Attorney General