Archive | In 1992, justice was done for David Milgaard

Archives | In 1992, justice was served for David Milgaard

In 1999, David Milgaard received the biggest compensation financial institution in Canadian history for a miscarriage of justice he suffered.

David Milgaard died on May 15, 2022. In July 1970, he was wrongfully accused of a crime he did not commit. Cleared, he was subsequently compensated for the miscarriage of justice of which he was the victim. The saga that preceded this compensation was the subject of several reports on Radio-Canada.

“David Milgaard will receive 10 million for the 23 years he spent unjustly in prison. Ottawa and the Government of Saskatchewan award him the largest compensation ever paid in Canada for a miscarriage of justice.

—Daniel Lessard

Report by journalist Marc Goldbout on the financial compensation granted to David Milgaard to repair the miscarriage of justice he suffered in 1969.

This is how the host of Téléjournalof May 17, 1999, Daniel Lessard, describes the gesture of compensation that the federal and Saskatchewan governments agree to give to David Milgaard.

The size of the sum corresponds to the seriousness of the damage suffered by the man since 1969.

The report by journalist Marc Godbout later describes the joy experienced by David's mother, Joyce Milgaard. His son is finally compensated for the mistake he suffered.

David Milgaard's lawyer affirms, for his part, that his client wishes the creation of an independent body which would be responsible for investigating cases of miscarriages of justice.

Comment did the young man from Winnipeg find himself implicated in this story?

On January 31, 1969, a nurse's aide, Gail Miller, was raped and murdered in Saskatoon, in the province of Saskatchewan.

Unluckily, David Milgaard visits this city at the same time. The 16-year-old is charged by police and a Saskatoon jury with being guilty of the murder.

David Milgaard spent 23 years in prison without ceasing to claim that he is innocent.

His mother Joyce fights tirelessly to clear her son's reputation. In particular, she pleaded her case with Canadian Prime Minister Brian Mulroney when the latter was in Winnipeg in 1991.

In 1991, Joyce Milgaard even confronted federal Justice Minister Kim Campbell in front of the cameras. The latter refused to hold a new trial despite a decision by the High Court of Saskatchewan to that effect.

In 1992, Kim Campbell adopted a completely unusual.

New evidence that would exonerate David Milgaard is emerging. The prisoner demands a new trial.

Rather than allow this new trial, the federal Minister of Justice forwards the request for review to the Supreme Court of Canada, the highest court in the land.

Report by parliamentary correspondent Daniel L'Heureux on the hearing of David Milgaard's petition to the Supreme Court of Canada. Le Téléjournal is hosted by Bernard Derome.

As parliamentary correspondent Daniel L'Heureux recalls in a report presented to the Téléjournal on January 21, 1992, the nine judges of the Supreme Court hear David Milgaard on this winter day.

< p class="e-p">The new evidence is brought to the attention of the judges.

Their examination and the cross-examination by the Saskatchewan provincial prosecutor prove close and unpleasant for the complainant.

The Supreme Court, however, ruled in favor of David Milgaard. She recommends the quashing of his conviction and the holding of a new trial.

The Saskatchewan Minister of Justice then decides to impose a delay in the legal process. This decision has the effect that David Milgaard is immediately released on April 16, 1992.

Report by journalist Gabriel Durocher on the release of David Milgaard. Le Téléjournal is hosted by Bernard Derome.

Journalist Gabriel Durocher presents a report to Téléjournal that same day which shows David Milgaard's reaction to his release.

If he is happy to no longer be behind bars, he is furious to see that Saskatchewan refuses him any compensation.

Moreover, we still have not exonerated him.

In 1993, David Milgaard sued Saskatchewan justice officials and Saskatoon police, accusing them of repeated wrongdoing and cover-ups.

For years, nothing progressed. That's when science comes to the rescue of David Milgaard.

The irrefutable proof that David Milgaard is innocent comes from a small vial, as shown in a report by Maxence Bilodeau presented on Téléjournal/Le Point on July 18, 1997.

Report by journalist Maxence Bilodeau on the DNA evidence that definitively clears David Milgaard of the murder of Gail Miller in 1969.

For years, the Saskatoon police had kept DNA from the man who murdered Gail Miller.

David Milgaard's lawyer has to fight for samples, which are tested in a UK lab.

The review says unequivocally that David Milgaard is not the nurse aide's killer.

The man who perpetrated the crime is called Larry Fisher.

The Saskatoon police knew Larry Fisher well. In 1970, the latter had admitted to having committed several rapes in their city.

In addition, in 1980, Larry Fisher's ex-spouse had contacted the police to tell them that she suspected him of killing the nurse's aide.

On the day of the murder, Linda Fisher claims a knife is missing from her kitchen. Her ex-husband seemed disturbed when she asked him for an explanation that day, accusing him of having committed the crime.

The police did nothing with this information.

In 1999, David Milgaard is finally compensated for the miscarriage of justice he suffered.

It is however a bitter victory .

The 23 years spent in prison were hell. He was sexually assaulted and made several suicide attempts.

David Milgaard spent his last days in Calgary, Alberta.

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