Justice Minister Fraser: Quewezance Sisters New Appeal Ordered

• Justice Minister Sean Fraser has ordered a new appeal for Odelia and Neressa Quewezance, who were convicted of second-degree murder in Saskatchewan in 1994.
• The decision follows a criminal conviction review under the Criminal Code, which found reasonable grounds to suggest a miscarriage of justice due to new information.
• Lead counsel James Lockyer, supported by Innocence Canada, plans to argue that the sisters' alleged confessions were false, stemming from a five-day detention at an RCMP detachment against a judge's order.
• Both sisters, now in their 50s, were conditionally released in March 2023 but are currently incarcerated again for separate alleged parole violations.
• This case highlights the importance of conviction reviews and precedes the implementation of the Miscarriage of Justice Review Commission Act, which will establish an independent body for such reviews.

The decision by Justice Minister Sean Fraser underscores the critical role of the Criminal Code's conviction review provisions in addressing potential miscarriages of justice, particularly in historical cases involving allegations of false confessions.

The legal saga surrounding Odelia and Neressa Quewezance, two sisters convicted of second-degree murder in Saskatchewan in 1994, has seen a significant new development. Canada's Justice Minister and Attorney General, Sean Fraser, has formally ordered a fresh appeal in their case. This directive follows a comprehensive criminal conviction review conducted under the specific provisions of the Criminal Code, where Minister Fraser concluded there were reasonable grounds to suggest that the Quewezance sisters may have experienced a miscarriage of justice. The minister's decision means the matter will now return to the Saskatchewan Court of Appeal for reconsideration, prompted by the emergence of new information since their original trial at the Yorkton Court of King's Bench.

The push for a re-evaluation of the Quewezance sisters' case gained momentum through the efforts of the non-profit organization Innocence Canada, with the late David Milgaard playing a role in bringing their plight to attention. An official application for a review was submitted to the Justice Minister on December 21, 2021. James Lockyer, a founding director of Innocence Canada and the sisters' lead counsel, has indicated that a crucial piece of new evidence to be presented during the appeal concerns their five-day detention at the Kamsack Royal Canadian Mounted Police (RCMP) detachment immediately following their arrest. This detention occurred despite a judicial order directing them to a proper detention centre.

During this period, RCMP officers claimed the sisters made confessions while being questioned. However, Lockyer asserts that new information regarding this specific timeframe compels a complete re-evaluation of the case and, critically, the reliability of these alleged confessions. He explicitly states that the defense will argue the confessions presented to the court were, in essence, false confessions. Lockyer also plans to file a bail application with the Court of Appeal. He has previously characterized the sisters' prolonged incarceration as an "indictment of our parole system," noting they remained imprisoned even though their trial judge had stipulated they would be eligible for parole after 10 years. While both sisters were conditionally released in March 2023, their freedom was short-lived. Neressa Quewezance is currently held in a federal institution in British Columbia due to an alleged failure to comply with her curfew condition, while Odelia is in a provincial prison following a charge of impaired driving earlier this year. Despite their ongoing challenges, Odelia expressed gratitude for the minister's order in an emailed statement on behalf of both sisters, noting that Neressa was 18 and is now 52, and Odelia was 21 and is now 55, but they have never ceased fighting for justice.

The decision by Justice Minister Sean Fraser underscores the critical role of the Criminal Code's conviction review provisions in addressing potential miscarriages of justice, particularly in historical cases involving allegations of false confessions. The case of the Quewezance sisters provides a significant precedent for challenging long-standing convictions and highlights the complexities involved in post-conviction relief. Looking ahead, the landscape for such reviews has evolved with the enactment of the Miscarriage of Justice Review Commission Act, also known as David and Joyce Milgaard’s Law. This new legislation, which received Royal Assent in December 2024, will establish an independent commission designed to replace the existing ministerial review process, though the commission is not yet operational.

The new commission is intended to offer enhanced support for individuals who may have been wrongfully convicted. Furthermore, it aims to gain a deeper understanding of the specific challenges faced by marginalized communities within the justice system, a point particularly relevant given the Quewezance sisters' Indigenous background. The transition to an independent body signifies a move towards a more robust and specialized mechanism for reviewing potential wrongful convictions, aiming to streamline the process and provide greater impartiality. This case, therefore, not only represents a crucial step for Odelia and Neressa Quewezance but also serves as a timely example of the ongoing efforts to refine Canada's legal mechanisms for correcting past judicial errors.

This case provides a significant precedent for challenging historical convictions, particularly those involving Indigenous individuals and allegations of false confessions, demonstrating the efficacy of the Criminal Code's conviction review provisions and foreshadowing changes under the new Miscarriage of Justice Review Commission Act. Lawyers should monitor this appeal for insights into post-conviction relief mechanisms and the evolving standards for overturning past judgments.

Source: Reporting based on original coverage.