Negligent Canadian prosecutors in trouble

About time

James Driskell was convicted of murder and was imprisoned for more than 12 years before his conviction was quashed. Driskell and his mother filed a wrongful conviction lawsuit against the authorities responsible for his conviction, and now a court has ruled that most of the claims may proceed.

The case arose out of the murder of Perry Dean Harder in September 1990. Driskell and Harder were friends, and authorities believed Driskell shot his friend to death because Harder had implicated Driskell in other crimes. Driskell, however, has always said that he did not kill Harder.

Driskell stood trial for first degree murder, and was convicted in 1991. After he spent over than 12 years in prison, a federal justice minister who reviewed the case quashed the conviction and ordered a new trial. But the authorities decided not to bring Driskell to trial a second time.

After these events, Driskell and his mother, Florence, filed suit against several governmental parties, including police officers and Crown prosecuting attorneys involved in his conviction. The lawsuit alleges that the defendants' acts of negligence, which included failure to disclose evidence to defense lawyers, caused Driskell to be wrongfully convicted.

The defendants' lawyers filed motions seeking to dispose of many of the claims. Among other things, lawyers for the Crown argued against allowing civil claims for damages against Crown attorneys for their actions in the prosecution of criminal cases. For the most part, Justice Shawn Greenberg left the lawsuit intact, and the defendants must now decide whether they will appeal. Driskell and his mother are seeking $20 million dollars in damages in their lawsuit.

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