Just how corrupt is Alberta Justice? Infuriating! Sickening! Welcome to Alberta’s “Rule of Law.” The Fifth Estate: The autopsy (part 1): What if justice got it wrong? “I did not kill my son. It was an accident.”

If there is this much corruption in Alberta Justice when people die, imagine trying to access “justice” if an oil company illegally frac’s your community’s drinking water supply, violates the regulator’s consultation, noise directives and more, violates Transport Canada acts and regulations, etc etc etc? With that company being on an endless list of many law violators, harming the public interest and thousands of innocent families and farms.

This is not just an Alberta “justice” problem, it’s Canada-wide.

The autopsy (part 1): What if justice got it wrong? by CBC The Fifth Estate, Jan 12, 2020. 30:22 Min.

An autopsy tells the story of the dead, but can also determine the future of the living, especially in criminal cases. Concerns raised about autopsy findings in some cases in Alberta prompted the provincial Justice Ministry to commission an expert panel to conduct a review. The Fifth Estate has discovered that review led to questions about autopsy findings used in some murder cases, including whether there were even any murders at all. The answers may have changed the outcome for people sent to prison and led to possible miscarriages of justice. But no one appears to have told the people most affected. What was the role of the Alberta Ministry of Justice?

The Fifth Estate’s “The Autopsy Part 2: What did Alberta “Justice” cover up?” 

Snaps and quotes below from Part 1:

“If it wasn’t disclosed, and I understand it wasn’t, if it wasn’t, then Alberta Justice has a lot to answer for.”

“How dare the gov’t never tell me about this.”

Dr Evan Matshes

Shelby: “So why am I seeing this for the first time today?”

Shelby: “I wrote this when I was in prison. It says: Never let go of the love. Never let go of a happy Birthday without a song. Never be shy to cry but always remember my memory.”

Shelby: “The judge and jury would have believed [Dr. Matshes] over anything I said so two days before my trial was supposed to begin, I took a plea for manslaughter. … So, where did that piece of paper go when I was in court?”

CBC: “It was supposed to be shown to your lawyer. It was supposed to be shown to you. This information was supposed to be disclosed. … This information…has never been made public, it was never given to the defenece and it was never given to the accused. It was buried.”

Shelby: “Why? … That’s kind of messed up, shocking.”

CBC: “What do you want us to do?”

Shelby: “I want that medical examiner to deal with what he did wrong.

CBC: “Where is Dr Matshes now? By time the experts’ review came out, he had already left Alberta. He now works in the US as an expert pathologist for hire. … He says Alberta Justice has ruined his career.”

James Lockyer, Lawyer Innocence Canada: “But at the end of the day, from my perspective, Matshes is not the important player here, the important players…are the people who may have been wrongly convicted.”

CBC: “Alberta abandons its probe into miscarriage of justice.”

“My understanding now, is Alberta Justice swept the whole thing under the rug. … In my opinion, that’s corruption.”

CBC: “To quote the Alberta Justice, they say ‘the findings of the external panel review are inconsequential.'”

“It’s taken everything from me, my freedom, my whole self, everything.”

‘I did not kill her’: Justice officials withheld report signalling no homicide while Alberta man sat in prison, Probe of autopsies highlighted numerous flaws in murder charges, buried records show by Harvey Cashore, Rachel Ward, Mark Kelley, CBC News, Jan 13, 2020 [THANK YOU FOR THIS CBC.]

Butch Chiniquay is living with the stigma of a second-degree murder charge in the death of his girlfriend. He says he feels vindicated after learning of a second opinion on her autopsy. (Dave Rae/CBC)

Butch Chiniquay was only months into a lengthy prison sentence in the death of his girlfriend, Charmaine Wesley, when senior officials in Alberta’s Justice Ministry obtained a report that might have exonerated him.

An initial autopsy had found that Wesley’s 2011 death was a homicide, and that her injuries were “inflicted trauma.” Chiniquay was charged with second-degreemurder.

But a later medical report written in November 2012 by a panel of expert pathologists concluded that there was no adequate evidence of homicide and that Wesley’s injuries in a car accident were a possible cause of her death.

An investigation by CBC’s The Fifth Estate has found that report, commissioned by Alberta Justice, was never provided to Chiniquay or his lawyer.

I am telling the truth, and I am innocent.- Butch Chiniquay

In a recent interview, The Fifth Estate host Mark Kelley showed Adriano Iovinelli, Chiniquay’s lawyer, the previously undisclosed medical finding.

“Why am I seeing this for the first time?” Iovinelli said. “You’re not going to get [his] period of incarceration back.”

Chiniquay, 34, said he feels vindicated by the new revelations.

“I am being honest, and I am telling the truth, and I am innocent,” he said during an interview at his home on Stoney Nakoda First Nation, 60 kilometres west of Calgary, where he now lives after being released from prison. “I did not kill her.”

These revelations come as part of a six-month The Fifth Estate investigation that found senior officials at Alberta Justice were aware of a report that shook the foundations of several murder charges and cast into doubt numerous findings of a medical examiner in Calgary a decade ago.

Inquiry launched

At issue were some of the autopsies performed by Dr. Evan Matshes, a forensic pathologist working out of the Office of the Chief Medical Examiner in Calgary in 2010 and 2011. After concerns were raised about some of his findings, Alberta Justice launched an inquiry into whether or not there had been miscarriages of justice relating to autopsies.

Alberta Justice eventually decided to hire an external review panel of three U.S. forensic pathologists to assess Matshes’s work.

The panel later stated their opinion that Matshes had made “unreasonable” findings in 13 of 14 cases reviewed. Five of those cases were related to criminal charges.

Yet The Fifth Estate has learned that in several criminal cases, those findings were not provided to defence lawyers or their clients, and that the report was buried for years by Alberta Justice — even as the incarcerated were serving their sentences.

Watch the full Fifth Estate documentary, The Autopsy Part 1: What If Justice Got It Wrong?

An autopsy tells the story of the dead but can also determine the future of the living. 30:22

Iovinelli said that it is up to Alberta Justice to explain why those reports were not released to defence lawyers.

“This is a significant difficulty that has to be addressed by the government, it just has to be,” Iovinelli said.

Alberta Justice declined repeated requests to speak to The Fifth Estate.

Eric Tolppanen, the head of Alberta’s Crown Prosecution Service, said in a statement that information was provided to defence lawyers “where required” and that they are “confident” that they met their “disclosure obligations.” [Bullshit. Mr. Tolppanen needs to be fired, pronto]

Tolppanen did not elaborate about what, if any, disclosure was provided or to whom.

Legal experts consulted by The Fifth Estate say Alberta Justice was required by law to disclose any relevant documents to defence lawyers.

Lawyer Adriano Iovinelli represents Chiniquay, who went to prison for manslaughter. (Justin Pennell/CBC)

“It’s not a question you have to give any thought to at all,” said James Lockyer, a lawyer with Innocence Canada and an expert in wrongful convictions cases. “Alberta Justice has a lot to answer for.”

Internal email correspondence shows that Alberta Justice acknowledged it must “disclose to the defence what we know.”

Court records also show that Greg Lepp, then head of the Alberta Crown Prosecution Service, and now a provincial court judge, acknowledged Alberta Justice had a “constitutional” obligation to disclose the results of the expert review to defence lawyers.

‘Critical to the outcome’

Alberta Justice also stated the findings of a medical examiner was often “critical to the outcome of court cases.”

“The deputy (minister) is particularly concerned about whether there is someone in prison,” Lepp said in a 2012 email to several senior justice officials.

Tolppanen said that Chiniquay’s lawyer Iovinelli was aware that “additional disclosure regarding Dr. Matshes was available” and that Iovinelli told Alberta Justice he did “not require this further disclosure.” [!!!!!!!!!!!!!!!!!!!!!!!!!]

Dr. Evan Matshes performed more than 250 autopsies in his time at the Calgary medical examiner’s office. Thirteen of those autopsies were reviewed by an external panel. (4patientsafety.org)

Iovinelli bristled at that suggestion. “At no time was I ever told that there was a peer review done that indicates that this is not a homicide,” he said. “And more importantly, if they had that in their hand, why didn’t they do something about it?”

Matshes declined to speak to The Fifth Estate.

 “I stand by my work,” he wrote in a statement. “I have devoted my professional life to making sure that the criminal justice system holds those guilty responsible for their crimes and does not prosecute the innocent.” [Pfffffft! By declining to interview you have zero credibility]

Insurance company raised concerns

Alberta Justice began looking into Matshes’s work in early 2012 after an insurance company raised concerns about one of his accidental death autopsies. Internal records show officials were most concerned about possible wrongful convictions.

A panel of three forensic pathologists was selected to review several of Matshes’s autopsies, including cases that had already led to second-degree murder charges.

One case involved 18-year-old Shelby Herchak, who was described in news headlines as a “baby killer.” In 2010, she was charged with second-degree murder after her 26-day-old son Daniel died of blunt-force trauma to the head. Herchak later accepted a plea deal for manslaughter and served more than five years in federal prison.

Shelby Herchak’s son Daniel died in 2010. She was sentenced to 5½ years in his death. (Harvey Cashore/CBC)

The original report by Matshes stated there were multiple injuries to Daniel’s head, including one that was seven to 15 days old.

To the police, that meant intent. Herchak was charged with second-degree murder.

“That medical examiner deemed me a monster,” Herchak said in a recent interview at her home in Calgary’s south end.

No one told Herchak that senior officials in Alberta Justice — including some who are now judges — had initiated that review of Matshes’s work. Her son’s autopsy was among the cases reviewed.

That report could have been critical to Herchak’s defence because it questioned two key facts the Crown asserted to the judge ahead of her sentencing.

‘It was an accident’

The expert review panel disputed that there was evidence of that earlier injury to Herchak’s infant son, Daniel. They also raised concerns that Matshes may have mistaken a natural separation in a newborn’s skull, which is not fully fused, with a fracture.

The possibility there was a single injury to Daniel’s head would have fit Herchak’s assertion that she dropped her baby after waking up suddenly.

“I did not kill my son. It was an accident. I dropped him,” Herchak said.

James Lockyer is a lawyer with Innocence Canada. (Doug Husby/CBC)

Alberta Justice was provided the new evidence contradicting Matshes’s report long before her murder trial was to begin, yet did not disclose it.

Lockyer said Alberta Justice has no justification for burying the report, and it was obligated to provide it.

“You have three pathologists who have reviewed the case and reviewed the original autopsy and all three of them are agreed that the original autopsy report was erroneous, wrong,” Lockyer said.

‘I couldn’t do it anymore’

Without that evidence, Herchak told The Fifth Estate she agreed to plead guilty to manslaughter in order to avoid a life sentence for second-degree murder.

“To go through trial on a second-degree murder charge knowing that the medical examiner, all the stuff that he said, the judge and the jury would have believed him over anything that I said,” Herchak said.

“I just gave up, I couldn’t do it anymore, I didn’t want to go to jail for life.”

In January 2012, Chiniquay also agreed to plead guilty to manslaughter to avoid going to trial on his second-degree murder charge. He was sentenced to five years in prison.

Who dropped the ball?- Adriano Iovinelli

Lockyer said the accused’s decision to agree to a manslaughter plea bargain is not unusual in the circumstances.

“We know from wrongful conviction cases in Canada … that people pleaded guilty to crimes they didn’t commit because they were facing a murder charge,” he said.

The Fifth Estate showed Herchak a copy of the expert review panel report for the first time — seven years after it was written.

“Who in their name would bury a piece of paper so far down to make sure that nobody saw it, and send someone to jail for 5½ years? And with the name ‘baby killer’ for the rest of her life,” Herchak said.

In his statement, Matshes told The Fifth Estate he has been the victim of “personal vendettas” and “local politics.”

Not properly consulted

In a series of letters and emails to Alberta Justice in 2012 and 2013, Matshes and his lawyers asked that the findings of the review panel be set aside. Initially, Alberta Justice vigorously defended its process and the findings of the report. Officials with the ministry said they were concerned about possible miscarriages of justice and the impact on murder cases.

Then in November 2013, Alberta Justice conceded in court that Matshes was not properly consulted. Both parties agreed to set aside the expert panel report. A judge formally approved the agreement and issued an “order to quash.”

At the same time, Alberta Justice told the court that it was “integral” that they continue their probe of Matshes’s work.

“The minister also asserts that the administration of justice demands a new external review panel be conducted,” said Marta Burns, then senior legal counsel and now a superior court judge with Alberta’s Court of Queen’s Bench.

Alberta Justice did not respond to The Fifth Estate‘s queries about why that second review has not taken place, six years later.

Herchak says she first saw the second autopsy opinion when shown it by The Fifth Estate. (Doug Husby/CBC)

“Nothing has happened,” said Butch Chiniquay’s lawyer Adriano Iovinelli. “Who dropped the ball?”

In an email, head Crown prosecutor Eric Tolppanen said that because of the decision to “quash” the report, the findings are therefore “inconsequential.” [How he needs to be fired, fast before he harms other innocent Albertans, without pension or severance. How many innocent people has his shoddy work and vile anti-just attitude harmed?]

Matshes is now suing Alberta Justice, his former boss in the medical examiner’s office and the expert panel members for $30 million for defamation.

The Fifth Estate obtained the expert review reports and other related documents from two court actions initiated by Matshes against Alberta Justice. [How lovely, “just” and smart of The Fifth Estate]

‘Significant problem’

The Fifth Estate asked forensic pathologist Dr. John Butt for his opinion of review panel findings and related court documents.

“What this suggests to me is that there is a significant problem with the work that was done by Dr. Matshes,” said Butt, who has helped develop medical examiner legislation across Canada. “My understanding now is that the justice department swept this whole thing under the rug.”

Some of the most senior members of Alberta Justice, including the then-ministers, were involved with and co-ordinated the review of potential miscarriages of justice relating to those autopsies.

The review of Matshes’s work was directly under the purview of Greg Lepp, now a provincial court judge, then head of the Alberta Crown Prosecution Service.

“We have a constitutional obligation to disclose anything that affects the case[s] to defence counsel,” Lepp said in sworn court testimony in 2013. “And we also have an obligation as prosecution service to consider this situation and determine what steps, if any, we’re going to take in relation to these cases.”

Eric Tolppanen is the head of the Alberta Crown Prosecution Service. (Alberta Courts)

Reached at his office in Edmonton’s provincial court, Lepp said he could not discuss whether disclosure had been provided.

“You’re just going to have to pursue those enquiries elsewhere since it’s just not advisable, it’s not a good course of action for a judge to comment on what happened prior to his appointment,” Lepp said. [What a pathetic immoral coward.]

He added, “the [justice] department’s responsible for the decisions that were taken years ago.”

Why would you just shuffle the paperwork deep down and, like, destroy someone’s life? ​​​- Shelby Herchak

Marta Burns, the former senior counsel for Alberta Justice and now a judge, declined to respond to questions in a statement sent by her spokesperson. [Another pathetic immoral coward]

“In her capacity as litigation counsel with the legal services division, Justice Burns was not charged with making disclosure to defence counsel,” the statement said. “Decisions in this regard are made by the Crown Prosecution Service.”

Tolppanen, the current head of Alberta’s Crown Prosecution Service, did not respond to questions about why the second review panel was never convened — after his ministry said justice required it happen.

Current Alberta Justice Minister Doug Schweitzer declined The Fifth Estate’s request for an interview. (Rachel Ward/CBC)

Doug Schweitzer, the current Alberta justice minister, also declined a recent request for an interview with The Fifth Estate.

“This matter predates the minister’s time in office,” his spokesperson said in an email. [Another immoral pathetic coward]

Living with the consequences

While the charge goes back almost a decade, Herchak said she is still living with the consequences of a miscarriage of justice.

“Why would you just shuffle the paperwork deep down and, like, destroy someone’s life?” Herchak said. “That’s my life, right there, that could have changed. But instead, I have this to deal with.”

Send tips on this story to email hidden; JavaScript is required or email hidden; JavaScript is required or call 416-526-4704. 

Follow @harveycashore and @wardrachel on Twitter.

With files from Laura Clementson and Kimberly Ivany

A few of the comments:

Jed Eckert

It’s situations like this that remind me that freedom is a myth. It can be taken away on the whim of someone in position of authority. [Especially under Canada’s Caveman Rule of Law.]

Ben Hague

Hopefully the wrongly convicted receive a huge & well deserved compensation for their misery thanks to the Alberta Justice Department & the incompetent medical examiner . [Was he incompetent or did he fabricate false cases intentionally, as is too often the Alberta authority and expert way?]

Jonathan Dixon
I am not an expert in these matters, but there seems to have been serious miscarriages of justice and now there seems to be a lot of passing the buck. Like it or not, current Alberta Justice Minister Doug Schweitzer has a legal responsibility to take action in this matter. He cannot simply do nothing and then claim that he’s a pillar of justice. It’s totally irresponsible for him to say nothing and do nothing because these things happened before he was Justice Minister. Of course, a second review panel would cost money and in these days of government cut-backs, there’s only so much money to go around and spending money on a review panel would likely mean that something else has to be cut in order to live within budgetary constraints. If that’s the case, he needs to find the courage within himself to stand up for justice. This might be very hard for him to do, but no one said that governing the province of Alberta was going to be easy. In the final analysis, Schweitzer’s standing up for justice is probably going to be cheaper for the Government of Alberta than being successfully sued by the wrongfully convicted.

Jennifer Pugsley Reply to @Jonathan Dixon: 100% agree! He’s the bloody Justice Minister! It’s his duty to investigate, not pass the buck!

Mark Mealing
Seems as though there’s good grounds for massive lawsuits: a whole lot of people dropped their balls at the expense of imprisoned innocents.

John McLane

Our justice system is economically and arrogantly based.

It is not based on fair justice for all. Our Liberal government proved this last year as have most of our federal governments. Hotel delivered envelopes, Personalized golf balls, Duffy fiasco and the list goes on.

Charles Chan Reply to @jimmy vee: This was not a result of “aggressive lawyering” by the Crown. It was the result of improper behaviour by the Crown and Justice Department.

Joseph Cluster

Alberta’s justice system has been flawed for nearly 40 yrs or more. They would send a message that people don’t matter-just don’t with the money. Cover-ups, bury the truth, so corrupt in so many ways-just to save face. Shame on those that stood by and let this happen to those that have to live the rest of their lives with a cloud over them.

Norm Head Reply to @jimmy vee: It’s also intentionally denying people a fair trial. Unbelievable that it’s not a criminal offence.

Andrew Farmer
Amend the laws to make a compulsory 25 year jail sentence for any prosecutor that fails to disclose evidence to the defense. No parole, no leniency. 25 years, full stop.

Doug Monkman Reply to @Andrew Farmer: that would work but will never happen [The only way it would happen is if all lawyers are prohibited from all and anything political. Lawyers, often working for corporations, and lawyers in politics write our laws, so of course they write laws to protect their asses, and the asses of the dirty judges and justice ministers that give those lawyers special favours]

William Steinke
The rot in the Alberta Justice System is very bad, how do these people sleep at night knowing what they have done to others lives?

Someone needs to go to jail from the government side of things in order to make up for the miscarriage of justice, is it any wonder people do not trust the system. The people who hid this evidence need to be fired and held to account.

Roger Devry Reply to @william steinke: This occurs Canada wide.

William Steinke Reply to @Roger devry: Yeah you have that right, and if you have lots of money you always get off scot-free.

Charles Chan
Is not withholding relevant evidence obstruction of justice? Anyone else who did that would be up on charges.

Instead, two of the people involved in this instance are now sitting on the bench.

How do they bring themselves to look in the mirror?

Barbara Iola Neff

Thank goodness for James Lockyer.

Dave Despoil
Officials who engage in such cover-ups should be sentenced to the same amount of incarceration that results from their corruption, and not a day less. This kind of thing is reprehensible.

William Steinke Reply to @Dave Despoil: you are correct, but the system is so rigged it will never happen

Darcy Wells

Justice here would be that anyone who was involved or even knew these documents existed should serve time equal to the poor innocents who were wrongfully jailed.

Max Power

Hey Kenney, you’ve got major issues over at Justice! Clean house! Pay special attention to those involved who are now judges. Their impartiality is definitely suspect.

David Davies

What would motivate these people hide that sort of imformation?

Bill Farley Reply to @David Davies: Pride and ego.

Jennifer Pugsley Reply to @Bill Farley: and cognitive biases. Let’s not forget those!

Jake Wright Reply to @David Davies: “What would motivate these people hide that sort of imformation?”

White collar “ism”.

Robert Borden Reply to @David Davies: the alleged offenders fit their profile so in their minds they think it okay because they must be guilty.

Mike Poska
On the official Alberta Justice and Solicitor General web page it reads “Leads a fair and innovative justice system, ensures effective policing and supports victims of crime”

In this case the Alberta justice system committed the crimes by manufacturing crimes and creating victims.

Vanessa Brault

Thank you 5th Estate for this investigative work and for sharing your findings with the Canadian public. [Took huge courage. The ugly rich legal & politico establishment will be nasty trying to punish those who exposed this.]

Jae Ehm

What a travesty. “Its better to be rich and guilty, than poor and innocent”. These poor people didn’t have the funds to seek out their own expert witnesses and have their own pathologists look over the autopsy documents. The people who were involved in the cover-up should lose their jobs and face criminal charges. Too often miscarriages of justice do not come with criminal charges. Perhaps if they did, people who are charged with justice would be reluctant to circumvent the law and withhold potentially exonerating evidence. Now Matshes is suing for 30 million. I.feel this will result in a settlement when it should result in him faces charges for criminal negligence [and worse, Matshes will likely happily sign a gag to go w his millions that a dirty judge will happily order, to make sure the complete horror of the crimes by the authorities in power remain covered-up]

Kevin Darroch

People need Transparency International and UN to come in and look at Alberta Court and the RCMP records. There is an iceberg..I was told go and look and what I saw alone is documented.

Robert Borden

These judges that were involved in this need to be removed from the bench. [Too many judges in Canada need to be in jail, not just removed from the bench!]

The other article about Diab shows this lack of integrity by our prosecution services, lawyers and even judges is apparently out of control. This needs to be fixed.

Taxpayers should not end up on the hook for these unprofessional, unethical and probably illegal acts of withholding evidence that might either exonerate someone or at the minimum have a major impact on sentencing.

This is disgusting.

Greg Stanford

Imagine knowing your department didn’t get essential documents to people whose very freedom depending on it and responding “we did our jobs, not our fault”. Criminal liability for those who knowingly hold back evidence that could exonerate people serving times for crimes they did not commit. That would be as close to justice as could occur here. Oh, and that guy who thinks they did their role properly…..fire him for cause immediately…clearly not competent enough for the role because even with 20/20 hindsight he is still getting it wrong.

Gerry Manley
This shows how little the government and their legal system care about the people affected. The mentality by them seems to be that even if the aren’t guilty of this crime there must be another one they committed we don’t know about. So much for innocent until proven guilty. They consider you guilty as soon as you enter the system.

Refer also to:

ALBERTA JUSTICE: Dr. Anny Sauvageau, Alberta’s former chief medical examiner, launches $5-million lawsuit against Justice Minister Jonathan Denis, other senior officials

2014: Dr. Evan Matshes, a former Calgary medical examiner, sues Alberta government, Justice Minister and other staff $30 million for defamation

Calgary pathologist made mistakes in 13 files, including some criminal cases by The Canadian Press, Nov 29, 2012, The Globe and Mail

Justice officials reviewing the work of a former forensic pathologist in Alberta have found mistakes in 13 of 14 cases.

A review by an independent medical panel was announced early this year to look into the files of Dr. Evan Matshes. He worked at the Calgary medical examiner’s office for one year before he left in 2011. Dr. Matshes worked on 426 death investigations, including 262 autopsies, during that time.

“The panel found the conclusions reached by Dr. Matshes to be unreasonable regarding either the cause of death, manner of death and/or other opinions,” the Alberta government said in a news release Thursday.

Of the 14 cases examined by the panel, three resulted in criminal prosecutions. Two are currently before the courts and one has concluded.

A dedicated Crown prosecutor is doing a separate review of Dr. Matshes’s files to see if any mistakes interfered with the court process.

Justice spokeswoman Michelle Davio said 24 people have been accused of crimes in deaths the doctor investigated. She said one person in a case where mistakes were found is in custody.

No criminal prosecutions have been reopened, nor have any of the cases been lost to date solely as a result of the doctor’s evidence,” Ms. Davio said. [How evil is that?]

Defence lawyers handling the cases have been notified, she added. [But, if you watch the Fifth Estate clip, it appears they were not, and the accused were not either.]

Ian Savage, co-president of the Calgary Defence Lawyers Association, said the matter is concerning.

“If there’s even a small chance that testimony he gave in court, or reports that he prepared that were used in court, were incorrect in any way and led to the wrongful conviction of an innocent person, that’s obviously something that needs to be rectified.”

Mr. Savage said it’s also disappointing the prosecutor is still looking into the criminal cases, considering the review was announced 10 months ago.

Calgary defence lawyer Jack Kelly said he’s pleased justice officials are reviewing the doctor’s criminal work. But he said it’s unfortunate that the courts place so much reliance on medical examiner’s reports. Many accused simply can’t afford to get a second opinion from another pathologist, he noted.

2013 11 14: Alberta Court rules Calgary medical examiner review ‘unfair’

CALGARY- A Queens Bench Justice has somewhat restored the reputation of a former Calgary medical examiner. Wednesday, the court quashed a government review into the work of Dr. Evan Matshes, saying it was “unfair” and was directed at his reputation.

It also ordered the government to pay some of Matches’ legal costs.

Nearly a year ago, the government issued a press release saying Matshes’ work was found to be “unreasonable” in 13 out of 14 cases reviewed.

Alberta Justice says it had agreed to quash the review heading into the hearing and it now plans to do another external review of Dr. Matshes’ work. [But “Justice” quashed that too]

Related:

The Fifth Estate’s “The Autopsy Part 2: What did Alberta “Justice” cover up?” 

2013: Appointment of judges politically biased in Alberta, critics say, Process favours candidates with ties to the PC party

2014: New judge appointed to Edmonton Provincial Court, Greg Lepp, Q.C., was appointed to Edmonton Provincial Court, Criminal Division, effective December 4. [Rewarded for enabling the cover-up? Like AER chair Bev Yee, and NEB (now CER) chair Peter Watson?]

This release was issued under a previous government.

Lepp graduated from Osgoode Hall Law School – York University in 1981. He was admitted to the Saskatchewan bar the following year and served as a Crown Prosecutor in Regina until 1988. Lepp began a lengthy career in special prosecutions in Alberta that year, first as a Crown Prosecutor, where he specialized in the prosecution of high-profile economic crime cases. Lepp moved from Director of Special Prosecutions in 2006 to become the Assistant Deputy Minister of the Alberta Crown Prosecution Service, a position he held until his appointment to the bench.

“Mr. Lepp’s leadership and advice over the years as Assistant Deputy Minister of Justice and Solicitor General have been invaluable. He is well-respected among his peers in the legal profession for his commitment to upholding and promoting the principles of justice [Ha!~~ what a farce!] and his involvement in initiatives that advance the innovation [oh, ya, like how many innocent people can we throw in jail?] and accessibility of the justice system. I am confident he will serve in his new role with great distinction.” – Jonathan Denis, Q.C., Minister of Justice and Solicitor General [Another creepy questionable “justice” authority in Alberta!]

Lepp has represented Alberta on many national and international prosecution committees and has lectured across Canada and the United States.

He is an involved member of the judge-led Court Case Management Program [A heinous program, meant to ensure that “justice” is not served for ordinary people, just for the “systems” preferred rich and law-violating oil companies! Ernst knows it intimately.], which aims to improve access to justice and the efficiency of the criminal justice system in Alberta. [By knowingly throwing and keeping in jail, innocent people, destroying their lives forever? And worse, when knowing injustice was brutally served, doing nothing about it, saying nothing, to further serve injustice?]

The Alberta Judicial Council screens all candidates for Provincial Court appointments and forwards a list of recommended applicants to the Provincial Court Nominating Committee. The committee then interviews candidates from the list and recommends the names of those appointees felt to be of the highest calibre [or scuzz bags appointed judges as rewards for their part in cover-ups?] to the Minister of Justice and Solicitor General.

The Provincial Court Nominating Committee was established in 1999. The 11 members are appointed by the Minister of Justice and represent the Alberta Provincial Court, the Law Society of Alberta, the Canadian Bar Association (Alberta Branch), and other members from the legal profession and the public. The Judicial Council has representatives from the Alberta Provincial Court, Court of Queen’s Bench, Court of Appeal and the Law Society of Alberta. It also includes two people [including one from the oil and gas industry!] appointed by the Minister of Justice and Solicitor General.

The thing David Milgaard (wrongfully convicted for rape & murder) wants you to know: “This can happen to you. Either you or your children.”

How many Canadian judges work from the bench for the oil and gas industry, even American corporations, violating civil Canadians’ Charter rights? Justice Kenneth Affleck clearly coddles Trans Mountain

“Hey look Ma!! Racists won!!” Ontario Law Society’s Statement of Principles (SOP) abolished by dinosaurs. “Shows how corrupt our legal (definitely not justice!) system is. May all White supremacists rot in hell.” … “It is from this circus of clowns we choose our judges, and it shows in our injustice system.”

Do you want fairness, equality, diversity, inclusion in Canada’s legal profession? In 2019, 85% of the legal profession in USA is white and mostly male. No wonder so many sexual assault victims are re-victimized in court by judges and known convicted pedophiles are granted licence to practice law! No wonder our environment is underrepresented and unjustly served with vile demented gag orders.

“Unconscionably Unjust!” “Beyond the Pale!” Legal gag at it’s most vile: Protecting known multimillionaire pedophile Epstein and entire network, aided & abetted by? Lawyers! “Non-prosecution deal” gave Epstein and his pedophile ring immunity from all federal charges. How many churches & law societies? Will lawyers & judges hammer out another humdinger of a gag to make sure the world never finds out?

“It’s the judges!” enabling rape and murder of women. No kidding. In Canada too.

Addicted to Gag: What gives with these abusive judges?

Misogynistic Justice. Rapist after rapist set free by Canadian judges. Think those judges will let you seek justice if your water is frac’d by Encana, enabled, covered-up by authorities with AER violating your Charter rights trying to terrify you into submissive silence, enabled by Supreme Court of Canada?

How prevalent is racism (and misogyny) among Canadian lawyers & judges?

Nasty! Canadian courts describing “individuals as exhibiting ‘vexatious-style’ behavior without formally designating them as a vexatious litigant.” Is that how Supreme Court of Canada Justice Rosalie Abella gets away with ruling AER found Ernst to be “vexatious litigant” when evidence proves AER found Ernst to be a “criminal,” 7 years later, a terrorist – all without charges, evidence, trial or due process? With AG Jody Wilson-Raybould saying & doing nothing about Canada’s top judicial farce?

Surely someone in judicial authority, somewhere, some day will gather their courage, silence their egos, risk their fat pay cheques and enormous pensions, and speak publicly against the many heinous obstructions of justice by Alberta Justice, apologize to the innocent people Alberta Justice harmed, and work at making it right.

But no, we get “Justice” in vile & corrupt Alberta style. Then head of the Alberta Crown Prosecution Service, now provincial court judge Greg Lepp deflects and lies in Part 2.

Pure judicial evil, as evil as the Catholic church covering-up and enabling its pedophile priests.

Why did Greg Lepp change his tune in Part 2? And why go to such extremes? Heat of the glaring truth shaking the “judge”?

Tammy Bouvette: “I’m broken, everything, my name, my children. … I am not a baby killer. … No one wanted to hear my side. … It’s taken everything from me, my freedom, my whole self, everything.”

James Lockyer, Lawyer Innocence Canada: “It’s only an exoneration that will give them their name back.”

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