ANOTHER CANADIAN COVERUP

An Ontario Court of Appeal judge expressed irritation yesterday over a continuing clamp on information involving the Steven Truscott murder case. Speaking at a media challenge of the secrecy surrounding the case, Mr. Justice David Doherty questioned whether the Ontario government has done all it can to open the case to public scrutiny. "A lot of people could have concerns about sealing everything up in what is the most notorious and well-known criminal case in Canada," Judge Doherty said sharply. "Quite frankly, I think we could use a little more help and a little more urgency from your side."

Mr. Truscott was sentenced to death at the age of 16 for the 1959 killing of 12-year-old Lynne Harper. His sentence was later commuted to life imprisonment. He was released on parole after 10 years. The media have challenged the sealing of a lengthy, investigative report that lay behind federal Justice Minister Irwin Cotler's decision last fall to turn down Mr. Truscott's request for exoneration and refer the case to the Court of Appeal for a rehearing.

Late yesterday, Chief Justice Roy McMurtry said the three-judge panel will render its decision on the media request "very shortly." The rehearing is not likely to take place until at least winter. In the meantime, both the federal government and Ontario have opposed the contents of the Truscott investigative report becoming public. Written by former Quebec Court of Appeal judge Fred Kaufman, the report deals with the pros and cons of a host of witnesses and evidence.

Federal lawyer Croft Michaelson maintained yesterday that Mr. Cotler would like to see the information become public, but only if it does not taint the evidence of potential witnesses or harm individuals who are mentioned in it. Depending on the ruling, he said, federal lawyers may edit the report to remove the names of third parties, then release it.

However, Ontario Crown counsel Rosella Cornaviera warned that publicizing the contents of the report could induce several witnesses to change their testimony. "What basis do you have for saying they would not comply with a court order?" Judge Doherty asked, saying the Crown had produced nothing but "vague generalities" to back up its concerns. Ms. Cornaviera said that two or three witnesses are the type who might tailor their evidence.

Association lawyer James Lockyer told the judges yesterday that Mr. Truscott has no objection to the report being made public.

Report here


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