Due Process - The Interviews: Recent Episodes

Trevor Wadden

This is the side feed of the podcast "Due Process", a show dedicated to examining Canada's Criminal Justice System. This side feed features full length interviews with guests who have appeared on Due Process. The interviews on this feed focus on topics and issues related to law, forensic psychology, and Canada's Criminal Justice System.

Our main show, "Due-Process" is currently in production and scheduled for release in the fall of 2021.

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Andrew is Corwn Counsel in Ontario and he previously appeared on our show to discuss Jordan framework and unreasonable delay. That interview was released as episode 14 on our Due Process The Interviews Podcast Feed.

*Andrews opinions are his own and do not represent the views held by the Ministry of Attorney General for Ontario.

Music:

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Season 1 of Due Process Coming Soon.

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Professor Jillian Rogin holds a Bachelor of Arts degree in Indigenous Studies and Philosophy from Trent University. She has a law degree from the University of Windsor, and a Master of Laws degree from Osgoode Hall and York University.

She has been a lawyer in Ontario since being called to the bar in 2009, and has worked as a defence lawyer, and for Legal Aid Ontario as duty counsel, and a research lawyer.

In 2017 Jillian joined the faculty of Law as an assistant professor at the University of Windsor. Her research focus includes judicial interim release (commonly referred to as bail), sexual assault law, and legal ethics. Jill currently runs the clinic academic credit program at the Community Legal Aid and Legal Assistance of Windsor.

Articles:

“Gladue and Bail: The Pre-Trial Sentencing of Aboriginal People in Canada” Jillian Rogin, 2017 , Canadian Bar Review;

"Indigenous Restorative Justice; Approaches, Meaning, and Possibility" Jeffrey Hewitt, 2019, UNB Law Journal;

"Set Up To Fail: Bail and the Revolving Door of Pre-trial Detention" Canadian Civil Liberties Association, 2014, CCLA

Documentaries:

"The Home Fire" (https://www.nfb.ca/film/home_fire/)

"Hollow Water" (https://www.nfb.ca/film/hollow_water/)

Profiles:

University of Windsor: https://www.uwindsor.ca/law/Jillian-Rogin

Twitter: @Jillianrogin

Music:

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Season 1 of Due Process Coming Soon.

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Professor Gabbert is internationally known for her work and contributions in the field of memory and investigative interviewing. She is the chair of the Scientific Committee of the International Investigative Interviewing Research Group, and acts as an associate editor for the academic journal “Memory”. Professor Gabbert work and research contributions have had an international impact on police operational procedure and policy.

For a full list of Professor Gabbert's publications please visit: https://www.gold.ac.uk/psychology/staff/gabbert/

Twitter: @fiona_gabbert

Mendez Principles:
https://www.apt.ch/en/resources/publications/new-principles-effective-interviewing-investigations-and-information


Music:

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Season 1 of Due Process Coming Soon.

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Kerry Watkins holds a degree in criminology and psychology, a master’s degree in criminology from the University of Toronto, and a Master of Laws degree in criminal law and procedure from Osgoode Hall Law School. Kerry is also in the process of completing his PHD in law from Osgoode Hall Law School.

In addition to his academic achievements, Kerry spent 30 years in law enforcement, the majority of which he spent as an investigator with the Toronto Police Service, serving in speciality units like homicide, financial crimes, and professional standards. Kerry has conducted nearly 2000 investigative interviews of victims, witnesses, and suspects, and he has studied investigative interviewing methods with some of the world’s leading experts and researchers. Kerry has taught interviewing techniques to police recruits, legal scholars, lawyers, and to students at several colleges in Ontario.

Kerry has won awards for his efforts in modernizing the manner in which police officers approach interviews, and he is a frequent contributor to interviewing literature. He is also the primary author of two books titled “Interviewing and Investigation” and “Evidence and Investigation.”

Kerry is a director at a Toronto based consulting firm called “The Interview Group” which teaches evidence based interviewing approaches designed to maximize and improve the outcomes of investigative interviews.

Profiles:
https://ca.linkedin.com/in/kerrygwatkins
http://www.theinterviewgroup.com/kerry-g..-watkins.html
@interview_Group (Twitter)

Publications:
Kerry Watkins co-authored - Evidence and Investigation, Third Edition through Emond Canada with Anderson, G., Bulmer, W.

Kerry Watkins, 2017, Interviewing and Investigation. Third Edition. Edmond. Toronto. https://www.amazon.ca/INTERVIEWING-INVESTIGATION-3RD-Kerry-Watkins/dp/1772550647/ref=sr_1_3?qid=1637727351&refinements=p_27%3AKerry+Watkins&s=books&sr=1-3&text=Kerry+Watkins

Kerry Watkins, The Vulnerability of Aboriginal Suspects When Questioned by Police: Mitigating Risk and Maximizing the Reliability of Statement Evidence. Criminal Law Quarterly, October, 2016.

MUSIC:
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Marie Comiskey is a senior lawyer with Public Prosecution Service of Canada. She is a Fulbright scholar, and holds her Master of Laws Degree from Osgoode Hall Law School, and holds a research doctorate in jury instructions from the University of Michgan Law School. She is also a visiting fellow at the Centre of Criminology, University of Toronto.

Marie has authored numerous publications related to issues surrounding juries and juror comprehension, and has conducted her own jury simulation experiment, examining the comprehensibility of model instructions and the use of jury aids. The findings of her research will be released in an upcoming publication from Oxford.

Relevant Articles:

Marie Comiskey, "Transnational Comparison of the Comprehensibility of Jury Instructions and the Effectiveness of Jury Aids." (2000)

Marie Comiskey, "Tempest in a Teapot - The Role of the Decision Tree in Enhancing Juror Comprehension and Whether It Interferes with th Jury's Right to Deliberation Freely? (2014)

Marie Comiskey, "The Jury in Canada - Testing the Comprehensibility of Styles of Jury Instructions and the Effectiveness of Aids" (2021) soon to be published, Oxford.

Relevant Case:

R. v. Thibert [1996] SCC - https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1334/index.do

Websites:

https://utoronto.academia.edu/MarieComiskey

https://ca.linkedin.com/in/marie-comiskey-5bb11189

Intro Music:

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Vincent Denault holds a PHD in Communication from the University of Montreal, and has a Master of Laws from the University of Quebec. Vincent is now a post-doctoral fellow at the Department of Educational and Counselling Psychology of McGill University. He is also a lecturer in the Faculty of Law at the University of Sherbrooke. His research focuses on issues related to witness testimony, credibility assessment, deception detection, and nonverbal behaviour in courtrooms.

In the past, Vincent has held positions at the University of Montreal, where he was a postdoctoral scholar at the International Centre for Comparative Criminology, and as a research consultant at the Department of Communication of University of California.

In addition to all of this, Vincent is the author of many academic articles and a contributor to numerous publications.

Articles:

Denault, V., & Patterson, M. (2021). Justice and nonverbal communication in a post-pandemic world: An evidence-based commentary and cautionary statement for lawyers and judges. Journal of Nonverbal Behavior, 45,1-10.http://doi.org/10.1007/s10919-020-00339-x

Denault, V. (2020). Misconceptions about nonverbal cues to deception : a covert threat to the justice system? Frontiers in Psychology – Personality and Social Psychology, 11, 573460.

Denault, V., Plusquellec, P., Jupe, L. M., St-Yves, M., Dunbar, N. E., Hartwig, M., … van Koppen, P. J. (2020). The analysis of nonverbal communication: The dangers of pseudoscience in security and justice contexts. Anuario de Psicología Jurídica, 30, 1-12. http://doi.org/10.5093/apj2019a9

Denault, V., Dunbar, N., & Plusquellec, P. (2019). The detection of deception during trials: Ignoring the nonverbal communication of witnesses is not the solution – A response to Vrij and Turgeon (2018). The International Journal of Evidence and Proof, 24(1), 3-11. http://doi.org/10.1177/1365712719851133

Rochat, N., Delmas, H., Denault, V., Elissalde, B., & Demarchi, S. (2018). La synergologie révisée par les pairs, analyse d’une publication [Synergology peer-reviewed, analysis of a publication]. Revue québécoise de psychologie, 39(2), 247-266. http://doi.org/10.7202/1051231ar

Denault, V., Larivée, S., Plouffe, D., & Plusquellec, P. (2015). La synergologie, une lecture pseudoscientifique du langage corporel [Synergology, a pseudoscientific reading of body language]. Revue de Psychoéducation, 43(2), 425-455. http://doi.org/10.7202/1039262ar

Websites:
https://vincentdenault.ca

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Dr. Veronica Stinson holds a PHD in Psychology and has been a professor at Saint Mary’s University in Halifax for over 20 years. Her research interests focus on the legal and forensic areas of psychology and include examinations of cognition, memory, bias, and decision making. She is renowned for her work and expertise in the field of juror decision making, and she has been called as an expert witness in several high-profile cases, including the recent case of Dennis Oland in New Brunswick.

Online Profile:
https://www.smu.ca/researchers/science/veronicastinson/
https://www.researchgate.net/profile/Veronica-Stinson
Twitter: @vshalifax

Gena Dufour holds her Master's of Applied Psychology with specialization in Forensic Psychology from Saint Mary’s University. In the fall of 2021 she will begin her PHD in Applied Psychology at the University of Windsor. Her research interests include factors related to gender-based violence, and victims’ experiences with the justice system. Her very recent thesis titled “The Impact of Victim Impact Statements” provides a through examination of this rarely studied area of Canada's criminal justice system. Her fascinating work can be accessed here: https://genadufour.com/ongoing-projects

Online Profile:
https://genadufour.com/awards
https://genadufour.com/about
Twitter: @Genakatrina

Article Discussed:
Marie Manikis, “Victim Impact Statements at Sentencing: Towards a Clearer Understanding of their Aims” (2015) 65:2 University of Toronto Law Journal 85-123.

Victim Bill of Rights:
https://laws-lois.justice.gc.ca/eng/acts/c-23.7/page-1.html

Contact:
Trevor@dueprocessthepodcast.com
Twitter: @thedueprocess_

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Mark Benton, Q.C., holds a bachelor’s degree from the University of British Columbia, his law degree from Osgoode Hall Law School, and a Master of Laws degree from Dalhousie University. His legal experience is vast and includes small office practice, legal aid work, appellate advocacy, and four years as an adjunct professor at the University of British Columbia Faculty of Law. He was appointed Queen’s Counsel in 2008 for his contributions to the legal community in BC.

Mark is a past-chair of the Association of Legal Aid Plans of Canada, a board member of the Canadian Forum for Civil Justice, and he has served for many years as an advisor and consultant for government and non-government organizations on justice system reform and legal aid.

Mark has been the CEO of Legal Aid BC since 2002, and his dedication in working to make BC’s justice system more effective and accessible is widely recognized in BC and throughout Canada.

Links:
https://lss.bc.ca
https://lss.bc.ca/about/annualReports
https://lss.bc.ca/about/ourExecutive
http://www.bclegalaidlawyers.ca/information.html

Contact Legal Aid BC:
1-866-577-2525

Contact Trevor:
Trevor@dueprocessthepodcast.com

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In 1990, at the age of 17, Jeffrey was wrongfully convicted of the murder of a classmate in a small town in New York State. He spent nearly 16 years in prison for a crime he did not commit until DNA testing in 2006 finally confirmed his innocence. Since being exonerated, Jeff has gone on to become a lawyer, educator, and advocate. He has started his own foundation, (Deskovic Foundation) which is dedicated to exonerating the wrongfully convicted, helping exonerees with their recovery, and lobbying for criminal justice reform.

Please support Jeff's work and foundation by visiting:
https://www.deskovicfoundation.org

https://www.linkedin.com/in/jeffreydeskovic

https://www.amazon.com/Conviction-Jeffrey-Deskovic/dp/B08F9CN2XG

Social Media:
@DeskovicFDN (Twitter)
jeffreydeskovic (Instagram)

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Dr. Ryan Fitzgerald obtained his PhD in experimental and applied psychology from the University of Regina. His research focuses on improving eyewitness identification accuracy and understanding how eyewitnesses make decisions.

Ryan has authored and co-authored numerous papers which have appeared in such publications as Applied Cognitive Psychology, Law and Human Behaviour, and the Journal of Experimental Psychology.

Articles:
"The Effect of Suspect-Filler Similarity on Eyewitness Identification Decisions: A Meta-Analysis" Psychology, Public Policy, and law, Vol. 19, Issue 2 (mAy 2013) pp. 151-164

"Line-up Member Similarity Influences the Effectiveness of a Salient Rejection Option for Eyewitnesses", Psychiatry, Psychology and Law, Vol. 22, Issue 1 (February 2015), pp. 124-133

Fitzgerald, R. J., Price, H. L., & Valentine, T. (2018). Eyewitness identification: Live, photo, and video lineups. Psychology, Public Policy, and Law, 24, 307-325. http://dx.doi.org/10.1037/law0000164

Fitzgerald, R. J., & Price, H. L. (2015). Eyewitness identification across the lifespan: A meta-analysis of age differences. Psychological Bulletin, 141, 1228-1265. http://dx.doi.org/10.1037/bul0000013

Eyewitness Lab:
https://www.eyewitnesslab.com/

SFU Profile:
https://www.sfu.ca/psychology/about/people/profiles/rjfitzge.html

Twitter:
@Ryan_fitz9erald

Contact:
trevor@dueprocessthepodcast.com

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Article:

Andrew Pilla & Levi Vandersteen, Re-Charting the Remedial Course for Section 11(b) Violations Post-Jordan, 56 Osgoode HALL L. J. 436 (2019).

Contact Trevor:

trevor@dueprocessthepodcast.com

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Tamara Levy, Q.C. has her law degree from Osgoode Hall Law School, and she has practiced law for many years including experience as crown counsel. 

She is the co-founder and director of the University of British Columbia’s Innocence Project, an organization that is connected to UBC’s Allard School of Law, where they seek to exonerate the wrongfully convicted, and right miscarriages of justice. 

Tamara is also a co-founder of the Criminal Defence Advocacy Society, a network of lawyers that seeks to reform Canada’s criminal Justice System and to mentor young and upcoming lawyers. 

Tamara is an educator, mentor, and advocate for criminal justice reform. Her contributions to BC’s legal community was recognized in 2017 when she was awarded her Queen’s Counsel Designation in BC. 

https://historyproject.allard.ubc.ca/law-history-project/profile/tamara-levy-qc

Donate to UBC Innocence Project:

https://allard.ubc.ca/community-clinics/ubc-innocence-project-allard-school-law

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Chris holds a Bachelor of Laws from McGill University, his maters of law from Osgoode Law School, and his PHD in law from Osgoode Law School.

As a lawyer, Chris has practiced as an assistant crown attorney, and has been a consultant to the Commission on Proceedings involving Guy Paul Morin, and the Inquiry into the Review of NS’s Response to Claims of Institutional Abuse.

Chris teaches law at Western University faculty of law, where he was appointed associate dean in 2017. His primary areas of interest are criminal law, criminal procedure, evidence, and the Charter. He has a particular interest in wrongful convictions and reliability in the criminal justice process.

In the past he has acted as the Director of the innocence Project at Osgoode Law School.

Chris is also the author of numerous academic articles,

Profile:

https://law.uwo.ca/about_us/faculty/christopher_sherrin.html

Articles:

R. v. Cody: What DoesCodyAdd toJordan?” (2017) 37 C.R. (7th) 289

“Understanding and Applying the New Approach toCharterClaims of Unreasonable Delay” (2017) 22 Can Crim L. Rev. 1

R. v. Smithand Judicially Reviewing the Scope of Criminal Law under the Charter” (2016) 76 S.C.L.R. (2d) 291

“Reconsidering theCharterRemedy for Unreasonable Delay in Criminal Cases” (2016) 20 Can. Crim. L. Rev. 263

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Eric obtained his law degree from Queens University. He then worked as a law clerk in the Court of Appeal of Ontario before being called to the bar in 2003. Eric has gone onto become one of Canada’s most experienced litigators in several areas, including criminal law and extradition work. He has appeared in all levels of court, including several appearances in the SCC. 

Eric has served as chair of the Canadian Bar Association’s National Criminal Justice Section. Through his work with the CBA, Eric has testified as an expert witness on criminal law policy and legislation before Parliamentary committees in both the house and senate. 

Eric was appointed as Queen’s Counsel in 2020 for his contributions to the Justice System in BC. Eric regularly contributes to legal education, appearing as a speaker for universities and other professional organizations. He is also the author of numerous papers, and currently serves as the editor of the newsletter, Charter of Rights and Freedoms, a publication through Thompson Reuters.

Eric is a lawyer at the renowned Vancouver Law Firm, Peck and Company. 

http://www.peckandcompany.ca/eric-v-gottardi/

https://www.canlii.org/en/ca/scc/doc/2016/2016scc27/2016scc27.html

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John Kingman Phillips is an experienced and sought-after lawyer with over 30 years of legal experience. He received his law degree from Osgoode Law School in 1989. He is a senior partner at the Toronto Law firm Waddell Phillips, a boutique law firm that specializes in a number of areas including, civil and commercial litigation, administrative law, and human rights. 

John’s tenure as a lawyer has seen him handle a wide variety of cases in areas such corporate law, class action lawsuits, civil litigation, employment law, and criminal law. He has been recognized as being one of Canada’s top 50 trial lawyers by Benchmark litigation for the years of 2019 and 2020. John has been involved in some of Canada’s most notable legal decisions appearing in all levels of court and representing a wide variety of clients, including survivors of residential schools, Omar Khadr, and CSIS intelligent officers. John was also involved in the 1991 precedent setting disclosure case of R. v. Stinchcombe, The first case where disclosure was recognized as a constitutional obligation in Canada. 

https://waddellphillips.ca/lawyer/john-kingman-phillips/

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/808/index.do

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In 2014 Mark Farrant served as a juror in the first degree murder trial of Farshad Badakhshan in Toronto, Ontario. The experience altered the path of his life, prompting him to become a passionate advocate for jury reform in Canada. Mark has worked tirelessly to improve the support jurors receive in Canada. He has, and continues to, lobby governments throughout Canada to pass jury reforms and increase the support jurors receiving during and after their service. Mark has been instrumental in some recent jury reforms in Canada. His efforts led to a 2018 Report from the Standing Committee of Justice and Human Rights, titled, "Improving Support For Jurors In Canada" which provided recommendations on how to improve Canada's jury system and support for jurors.

https://www.ourcommons.ca/Content/Committee/421/JUST/Reports/RP9871696/justrp20/justrp20-e.pdf

Follow on Twitter:
@Canadajury
@cdnjuryhelp

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Dr. Sharon Leal has her PHD in psychology where she focused on the central and peripheral physioiology of attention and cognitive demand during deception. Sharon’s work has led her to working with law enforcement and government with respect to better practices related to deception detection and investigative interviewing. 

https://www.port.ac.uk/about-us/structure-and-governance/our-people/our-staff/sharon-leal

https://www.port.ac.uk/about-us/structure-and-governance/our-people/our-staff?research-entity=International+Centre+for+Research+in+Forensic+Psychology

https://researchportal.port.ac.uk/portal/en/persons/sharon-leal(91a01f49-aa9c-4a3b-a4db-163907948fc8).html

https://www.researchgate.net/profile/Sharon-Leal

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Craig holds a law degree from the University of British Columbia, and a master’s degree in law from Harvard. He has appeared in all levels of court, including the British Columbia Court of Appeal and the Supreme Court of Canada. He has been involved in several high-profile cases, including defending against constitutional challenges to BC’S Tobacco Damages and Health Care Costs Recovery Act, Polygamy Reference, the Election Act Challenge, and the Missing Women Commission of Inquiry.

Craig continues to practice law and is also a law professor at Thompson Rivers University faculty of law, where he teaches Constitutional Law and courses in advanced advocacy.

Craig is also the author of several books and numerous academic articles.

Relevant Articles:

Craig E. Jones, The Troubling New Science of Legal Persuasion: Heuristics and Biases in Judicial Decision-Making, 41 ADVOC. Q. 49 (2013).

Links:

https://www.tru.ca/law/faculty-staff/faculty/craig-jones.html

https://www.branchmacmaster.com/people_lawyers/craig-jones/

https://ca.linkedin.com/in/craig-jones-q-c-008a622b

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Will holds a PHD and a master’s in psychology from the University of Toronto. He is a sessional Lecturer at the University of Toronto and McMaster University where he teaches courses in the fields of social psychology and forensic psychology.

https://ca.linkedin.com/in/william-huggon-4b8a044a

https://www.utm.utoronto.ca/psychology/people/will-huggon

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Ian has conducted research in perceptual psychology, psychology and the law, health psychology, positive psychology and personality psychology. He is a renowned professor, writer, and teacher, and is an advocate for better equipping participants of the Justice System with the knowledge to better understand how the human mind can impact the outcomes of a trial.

https://www.stu.ca/about/faculty-recognition/john-mckendy-memorial-teaching-award/2005---dr-ian-fraser/

https://www.researchgate.net/profile/Ian-Fraser-4/4

Relevant Articles:

Ian Fraser , Louise Bond-Fraser, Barry Morrison & Emily Ready, Canadian Prosecutors' Knowledge and Beliefs concerning the Science behind the Fallibility of Eyewitness Testimony, 64 CRIM. L.Q. 137 (2017).

The Knowledge and Beliefs of Jurors and Non-Jurors concerning the Fallibility of Memory: Is This Information Common Knowledge 68 Crim. L.Q. 93 (2020)

Ian Fraser , Emily Ready, Louise Bond-Fraser & Barry Morrison, Canadian Trial Lawyers' Understanding of Scientific Evidence concerning the Fallibility of Eyewitness Testimony, 61 CRIM. L.Q. 143 (2014).

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Peter is a professor at the faculty of law, University of Alberta. He is also a part-time lawyer with Bottos Law Group, where he focuses on appeal cases in the Alberta Court of Appeal and SCC. He is the author of 8 law books and has authored numerous academic articles, two of which we discuss in this interview. Peter is a renowned teacher and advocate of making the law accessible for all.

https://apps.ualberta.ca/directory/person/psankoffArticles:

https://petersankoff.com/

Articles:

Majority Jury Verdicts and the Charter of Rights and Freedoms (2006 UBC Law Review)

Rewriting the Canadian Charter of Rights and Freedoms: Four Suggestions Designed to Promote a Fairer Trial and Evidentiary Process (2008)

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Kathryn Campbell teaches Criminology at the University of Ottawa. She received her PHD in Criminology from the University of Montreal and received her LLB from McGill University. Kathryn’s research covers several areas, including wrongful convictions, animals and the law, indigenous justice, and youth justice. In addition to her academic schedule, Kathryn is the director of Innocence Ottawa, a pro-bono and student run innocence project that helps the wrongfully convicted apply for conviction review to the Minister of Justice.

Kathryn is also the author of “Miscarriages of Justice in Canada: Causes, Responses, Remedies” a wonderful and informative book on miscarriages of justices and wrongful convictions in Canada.

https://www.amazon.ca/Miscarriages-Justice-Canada-Responses-Remedies/dp/0802094066

https://uniweb.uottawa.ca/members/903/profile

https://innocenceottawa.ca

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Kent Roach is a professor of law and Prichard Wilson Chair of Law and Public Policy at the University of Toronto Faculty of Law. He is a graduate of the University of Toronto and Yale. He is a former law clerk of the Supreme Court of Canada. Kent is the author of numerous books, many of which have won awards, on issues and topics that include Constitutional rights, matters of criminal law, and national security and terrorism. Kent’s awards and recognitions include awards for teaching and writing, a 2015 appointment to the order of Canada, and in 2016 being named one of the top 25 influential lawyers in Canada for the change maker category.

https://www.law.utoronto.ca/faculty-staff/full-time-faculty/kent-roach

https://irwinlaw.com/contributor/kent-roach/

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Dr. Joe Eastwood holds a PHD in experimental social psychology and is a professor of psychology at the University of Ontario Institute of Technology. His research interests center on improving policing procedures through psychological science. He has a particular focus on investigative interviewing, alibis, comprehension of legal rights and wrongful convictions. Dr. Eastwood works closely with police and government and is the director of the Applied Law Enforcement Research and Training (ALERT) lab, a lab that aims to improve law enforcement practices through psychological science. 

https://ontariotechu.ca/experts/fssh/joseph-eastwood.php#tabPublications

https://www.researchgate.net/lab/Joseph-Eastwoods-lab-Joseph-Eastwood

https://www.eastwoodconsulting.net/

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A brief note to listeners, the point of this podcast feed, and an update on Season 1 of Due Process.