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Justice Minister Sean Fraser orders a new appeal for the Quewezance sisters, convicted in the 1993 murder of Anthony Dolff, citing a likely miscarriage of justice.
The Quewezance sisters have been granted a new appeal in their decades-old second-degree murder case by Canada's Minister of Justice and Attorney General Sean Fraser, their lawyer announced. The sisters were convicted in 1994 for the 1993 death of 70-year-old Anthony Dolff of Kamsack, Saskatchewan, and sentenced to life in prison. The appeal, ordered on Thursday, follows a lengthy review that found reasonable grounds to conclude a miscarriage of justice occurred.
Background of the Conviction
In 1994, the two Indigenous sisters were convicted of second-degree murder in connection with the 1993 death of Anthony Dolff. They have been serving life sentences ever since. Their lawyer, Toronto-based James Lockyer, has argued that their confessions at the time were not recorded and should not have been presented to the jury.
Lockyer described the circumstances of the conviction, stating that an 18-year-old and a 21-year-old Indigenous woman were completely in the power of an RCMP detachment full of white police officers, all male. He also noted that both sisters were victims of the residential school process.
Long Fight for Judicial Review
Since 2021, the Quewezance sisters have been fighting for a judicial review of their convictions, citing a miscarriage of justice. Their lawyer filed an application with the Minister of Justice in December 2021, presenting what he believed was a strong basis for the minister to find a miscarriage of justice.
Nearly five years later, Minister Fraser ordered a new appeal. Lockyer called the wait long but not abnormal. He expressed that the decision was extremely welcome and a lovely surprise, noting that anytime something goes well in his business, it is a surprise.
Minister Fraser explained that an in-depth review of the case found reasonable grounds to conclude a miscarriage of justice did occur. As a result, the case will be returned to the courts for the new information to be considered. Fraser stated that as Minister of Justice, he has the authority under the Criminal Code to order a new trial or appeal when new evidence shows a miscarriage of justice likely occurred.
Unknown New Evidence and Next Steps
The new information that prompted Fraser's decision remains unknown, as Lockyer is bound by an undertaking signed with the minister's office. The details will come out during the appeal before the Saskatchewan Court of Appeal.
Lockyer said that the minister's work has enhanced what he views as obvious signs of a miscarriage of justice in the case of both women. He remains more optimistic than before. However, Fraser clarified that his decision does not decide guilt or innocence, as that will rest with the courts. He emphasized that the responsibility is to ensure Canadians can trust their justice system, and that means, in rare cases, returning cases to the courts for new information to be considered.
Implications and Future Proceedings
The sisters, now more than 50 years old, are among the longest-serving female inmates in Canada. Their case has attracted significant public interest, partly because it involves two young Indigenous women. Lockyer sees it as a good example of how the justice system in the 90s and up to the present day does not deal fairly with Indigenous people.
He pointed out that at the last count, 51 per cent of women in federal penitentiaries are Indigenous women, which he called an extraordinary statistic. He believes the Quewezance case has the potential to change that and could be used for conducting a Canada-wide inquiry into why more than half of the female population in penitentiaries is Indigenous women.
Before such an inquiry can be realized, a decision has to be made, which Lockyer does not expect soon. He listed the steps ahead: filing fresh evidence with the Court of Appeal, possible responses from the Crown, possible cross-examination, filing briefs, and then the appeal being heard. He said they will not be doing this appeal this year.
In the near future, Lockyer will also be going to have another go at bail for the sisters, who are back in the system for having violated their curfews. The case continues to draw attention as it moves through the legal process.
Quewezance Sisters Sean Fraser James Lockyer Anthony Dolff Saskatchewan Miscarriage Of Justice Indigenous Women
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