June 8, 2000
PROVINCE CALLS COMMISSION OF INQUIRY
INTO THOMAS SOPHONOW CASE
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Apology Issued
By Attorney General
Based on the findings of a Winnipeg Police Service reinvestigation of the murder of Barbara Stoppel, Attorney General Gord Mackintosh has issued an apology to Thomas Sophonow, the person previously charged, convicted and acquitted in the case, and has announced a full commission of inquiry into the matter.
"Mr. Sophonow endured three trials, two appeals and spent 45 months in jail for an offence he did not commit," Mackintosh said. "The police reinvestigation now shows that Mr. Sophonow was in no way involved in the murder, and I think it is important that we have a full commission of inquiry to get to the bottom of what happened."
The Honourable Peter Cory, recently retired from the Supreme Court of Canada, has agreed to head the commission of inquiry. He will review the police investigations and full court proceedings to determine if mistakes were made. He will also be asked to assess what practices and systems contributed to this travesty, and whether those practices are still in place today. The findings and recommendations of the inquiry will be forwarded to the province and the report will be made public.
In recognition of Sophonow’s lengthy struggle to clear his name, the province will be providing him with a payment of $75,000. The payment is in respect of a range of costs that Sophonow has had to bear to clear his name since his release from prison. "Additionally, the commissioner of the inquiry has been asked to determine whether compensation should be provided to deal with Mr. Sophonow's imprisonment while going through the court system from 1982 until 1986," Mackintosh said.
The inquiry will begin once the current police investigation is complete. If new charges are laid against anyone as a result of the investigation, the inquiry will begin as soon as court proceedings are finalized.
"I met with the Stoppel family last night and offered to assist them in coping with this development," Mackintosh said. "The Stoppel family have had to endure their terrible tragedy for more than 18 years, and I want to be as supportive of them as I can.
"I am grateful to retired Justice Cory for agreeing to undertake this very difficult task," the minister added. "He has a national reputation for fairness and integrity and I think all Manitobans can be satisfied that the examination of the case is now in extremely capable and fully independent hands."
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BACKGROUND INFORMATION
MEDIA BACKGROUNDER
INQUIRY TERMS OF REFERENCE
The Honourable Peter Cory
Mr. Justice Cory, BA, LL.L., recently stepped down from his appointment to the Supreme Court of Canada, a position he had held since 1989. His legal career began with his call to the Bar in 1950. He is a graduate of Osgoode Hall and the University of Western Ontario. Appointed QC in 1963, he practised law with the firm of Holden Murdoch. Cory has served as a bencher of the Law Society of Upper Canada, and is a past chair of the Ontario Civil Liberties Section of the Canadian Bar Association. He is also a past president of the County of York Law Association, the past national director of Canadian Bar Association, and he served as president of the Advocates’ Society. In 1974 he was appointed to the Supreme Court of Ontario High Court where he served until his appointment to the Ontario Court of Appeal in 1981.
Chronological Background
December 23, 1981
Sixteen-year-old Barbara Stoppel was found critically injured at the Ideal Donut shop in St. Boniface where she worked part-time. She had been strangled with a piece of twine.
December 29, 1981
Barbara Stoppel died from the injuries she received.
March 12, 1982
Thomas Sophonow was arrested in Vancouver, B.C., and brought to Winnipeg. He was formally charged with murder and held in custody.
April 17, 1982
The Charter of Rights and Freedoms came into force.
October 18, 1982
Thomas Sophonow’s first trial on a charge of second-degree murder began before Mr. Justice Louis Deniset. Mr. Sophonow entered a plea of not guilty. Rocky Pollack represented Mr. Sophonow, while George Dangerfield and Gregg Lawlor acted for the Crown.
November 6, 1982
After deliberating for 28 hours, the jury was unable to reach a unanimous verdict and a mistrial was declared. Mr. Sophonow remained in custody.
February 21, 1983
The second trial on the same matter began before Mr. Justice John Scollin. Mr. Sophonow again pleaded not guilty. Greg Brodsky represented Mr. Sophonow, while George Dangerfield and Gregg Lawlor acted for the Crown. A total of sixty witnesses were called to testify.
March 17, 1983
The jury convicted Mr. Sophonow of second degree murder. Mr. Sophonow was then transferred to the federal corrections system.
March 13, 1984
The Manitoba Court of Appeal overturned the conviction with a 2-1 decision. The court ruled that the judge did not properly instruct the jury hearing the second trial and, as a result, a new trial was ordered. Mr. Sophonow remained in custody.
March 26, 1984
The Crown appealed the Manitoba Court of Appeal’s ruling to the Supreme Court.
December 10, 1984
The Supreme Court upheld the Manitoba Court of Appeal’s ruling that a third trial was needed.
February 4, 1985
The third trial on the same matter began before Mr. Justice Benjamin Hewak. Mr. Sophonow again pled not guilty. Greg Brodsky represented Mr. Sophonow, while Stu Whitley and Robert Gosman acted for the Crown.
March 16, 1985
The jury spent 52 hours deliberating and finally delivered a verdict of guilty following the dismissal of one of the jurors.
December 12, 1985
The Manitoba Court of Appeal overturned the conviction based on errors in law that occurred during the third trial. Mr. Sophonow was released from custody.
January 6, 1986
The Crown appealed the Manitoba Court of Appeal decision to the Supreme Court.
February 5, 1986
The Manitoba Court of Appeal releases written reasons for their December decision.
April 22, 1986
The Supreme Court refused to hear the appeal, ending proceedings against Mr. Sophonow.
RETURN