Publications

The Inquiry Regarding Thomas Sophonow

 

Table of Contents

Introduction

• The Facts Giving Rise to the Inquiry, the Authorizing Order in Council, its Nature and Scope
• Trials and Appeals of Thomas Sophonow
• Jurisdiction and Terms of Reference of the Commission of Inquiry
• Notice
• Standing
• Witnesses
• Rules of Practice and Procedure
• Factual Background
• The Role of Police Officers

Police Interviews With Thomas Sophonow in Vancouver

• Interview of Thomas Sophonow by Detective Barnard
• Interrogation of Thomas Sophonow by Sergeants Wawryk and Paulishyn
• Recommendations

Eyewitness Identification

• The Eyewitness Evidence and the Role of Police in Gathering and Presenting It
  • John Doerksen
  • Lorraine Janower
  • Norman Janower
  • Mildred King
• The Experts' Position Regarding Eyewitness Testimony
  • Peter Neufeld
  • Elizabeth Loftus
  • Problems noted by Dr. Loftus in the identification by witnesses in this case
    • Problems with the photo line-up
      • Norman Janower
      • Mildred King
      • John Doerksen
  • Present Winnipeg Police Service Procedures
    • Live line-up
    • Photo line-up
•  Recommendations
  • Live line-up
  • Photo pack line-up
  • Trial instructions

Investigation of Terry Arnold as a Suspect

• Recommendations
  • Tunnel vision
  • Police notebooks
  • Exhibits - whether filed in court or gathered in the course of the investigation.

The Role of Crown Counsel in the Administration of Justice

The Issue Regarding the Twine

• Recommendation

The Evidence Regarding Timing

The Third Trial and the Allegation of Sexual Assault

• Recommendation

The Role of Defence Counsel

Alibi Evidence

• Timing of the Disclosure of the Alibi
  • The atmosphere of distrust which existed in 1982 between Crown, Police and Defence Counsel
  • Police awareness of aspects of the alibi evidence
• Recommendations

Jailhouse Informants, Their Unreliability and the Importance of Complete Crown Disclosure Pertaining to Them

• Thomas Cheng
• Adrian McQuade
• Douglas Martin
• Findings Regarding the Use of Jailhouse Informants in the Thomas Sophonow Trial
• Some General Comments on Jailhouse Informants
• U.S. Studies on Jailhouse Informants
• What Have the Studies of Jailhouse Informants Revealed?
• Recommendations

Disclosures

• Relevant and Significant Information about the Jailhouse Informants which Ought to have been Disclosed
  • Thomas Cheng
  • Adrian McQuade
• Failure to Disclose Relevant Material Regarding John Doerksen
• Statements of Eyewitnesses Made Under Hypnosis
• Melvin Williamson's Comments to Mr. Lawlor
• The Red Mesh Christmas Stockings
• The Second Photo Line-up
• The McDonald's Witnesses
• Esther Navoa
• The Peasgood Statement
• Present Situation

The Role of the Trial Judge

• Conduct of the Trial

Compensation

• Manner of Assessing Compensation for Wrongful Conviction
• Entitlement to Compensation
• To What Extent Should Thomas Sophonow's Conduct be Found as a Significant Cause of his Problems?
• Conduct of the Investigation
• Non-Disclosure
• On What Basis Should Compensation be Considered?
  • Fault-based tort actions
    • False imprisonment
    • Malicious prosecution
  • Damages for Charter breaches
  • Entitlement principles based on factual innocence
    • The International Covenant on Civil and Political Rights
    • Canada's 1988 Federal-Provincial Guidelines on Compensation for Wrongfully Convicted and Imprisoned Persons
    • 1986 Manitoba Guidelines for Compensation for Wrongfully Convicted and Imprisoned Persons
• What Are the Effects of Wrongful Conviction and Imprisonment Which Should be Considered in Determining the Appropriate Compensation?
  • The fundamental rights which are adversely affected by wrongful conviction and imprisonment
    • Deprivation of liberty
    • Damage to reputation
    • Loss of privacy
    • Humiliation
    • Danger of physical assaults
    • Loss of enjoyment of life
    • Continuing effects of imprisonment
    • Resulting psychological damage flowing from the subjection of the individual to prison life and prison discipline
• Should There be a Cap Placed on the Damages Flowing from Wrongful Conviction and Imprisonment?
• Recommendation
• Thomas Sophonow's Personality Before and After his Arrest
  • Thomas Sophonow's background
  • Work record prior to his arrest
  • His personality prior to his arrest
    • Evidence of Jackie Henke
    • Evidence of Beth Olsen (Peterson)
    • Evidence of Rachel Devine
    • Evidence of Raymond Johnson
    • Evidence of Philip Sophonow
  • His personality after arrest
    • Evidence of Janet Jones
    • Evidence of Rebecca Sophonow
    • Work
• The Arrest, Detention and Incarceration and the Effect on Thomas Sophonow
  • Places of incarceration
    • The Winnipeg Remand Centre
    • Stony Mountain Penitentiary
    • Saskatchewan Penitentiary
  • Time in custody
• Expert Evidence Regarding the Effects of Wrongful Conviction and Imprisonment on Thomas Sophonow
  • Dr. Clifford Silverthorne
  • Joel Grymaloski
  • Dr. Roy O'Shaughnessy
  • Dr. Adrian Grounds
  • Peter Neufeld
• Assessing the Effect of Wrongful Conviction and Imprisonment on Thomas Sophonow
  • General comments
  • Deprivation of liberty
  • Loss of privacy
  • Loss of association
  • Humiliation
  • Loss of enjoyment of life
  • The physical and psychological effects of the wrongful conviction and imprisonment
  • Loss of reputation
    • How his reputation as a murderer has affected Thomas Sophonow in many aspects of his life
    • Workplace
    • The family
    • Relationship with neighbours
    • The larger community
  • Aggravated damages
    • The first photo pack line-up and the police interrogation in Vancouver of Thomas Sophonow
    • Failures in the acknowledged duty to disclose matters
    • Failure to disclose matters which should have been disclosed to Defence Counsel
    • The allegation of a sexual assault upon the victim in the third trial
    
    
• Pecuniary Damages to be Awarded for the Wrongful Conviction and Imprisonment
  • Requirements for future counselling and medication
  • Loss of income
  • Should there be interest on the pecuniary damages?
• Non-Pecuniary Compensation
  • What interest should be payable regarding the non-pecuniary damages?
  • Annuity
• Consideration of the Stoppel family

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Appendicies

Appendix A - Order-in-Council (656Kb PDF)

Appendix B - Notices of Hearing (225Kb PDF)

Appendix C - Rules of Practice and Procedure (433Kb PDF)

Appendix D - Curriculum Vitae of Peter Neufeld (203Kb PDF)

Appendix E - Curriculum Vitae of Dr. Elizabeth Loftus (4730Kb PDF)

Appendix F - Manitoba Guidelines Respecting the Use of Jailhouse Informants (725Kb PDF)

Appendix H - Curriculum Vitae of Dr. Clifford Silverthorne (64Kb PDF)

Appendix I - Curriculum Vitae of Joel Grymaloski (259Kb PDF)

Appendix J - Curriculum Vitae of Dr. Adrian Grounds (436Kb PDF)

 

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