A judge in Yorkton, Saskatchewan is putting off a decision on whether Odelia and Nerissa Quewezance should be released on bail while they wait for Canada’s minister of justice to review their 1994 conviction for murder.
Deanna Harris, one of the lawyers representing the sisters’ feels confident that despite the delay, there is going to be a positive outcome for them.
“Justice (Donald) Layh is a really thoughtful judge so I am confident his decision is going to be really well reasoned… and have a solid basis of the law,” Harris told APTN. Nonetheless, another delay for these sisters is unfortunate.
The sisters have applied for a ministerial review on their 1994 conviction related to the murder of Joseph Dolff, a farmer in Kamsack, Sask., just down the road from Keeseekoose – a Saulteaux nation where the sisters are from. Both were convicted of second-degree murder despite the fact that their cousin admitted to killing the man, there was a lack of evidence, and there was questionable interrogation.
They received a life sentence with no chance of parole for 14 years. They been involved with the justice system for nearly three decades.
Federal justice minister David Lametti’s decision on this application could result in a retrial or referral to a court of appeal if he determines that there is a miscarriage of justice. However, this review process could take anywhere between 2 and 6 years.
Both the defense and the Crown provided comments based on the prior bail hearing where the judge required a release plan for the sisters.
Crown prosecutor Kelly Kaip argued that there were concerns about releasing the sisters on bail. These included their second-degree murder conviction and history of substance abuse. Kaip also said the Crown has concerns about public safety and that the defense has not made adequate plans when it comes to violence prevention.
She added that she thinks the Parole Board and the Correctional Services Canada are the best people to manage the sisters’ “slow and gradual” release. How can they casually mention a "slow and gradual release" when these women have already spent 30 years behind bars?
Kim Beaudin, vice-chief of the Congress of Aboriginal Peoples, joined the hearing by phone. He said he was shocked and offended at the remarks by the Crown, which he called “full of stereotypes".
The release plan includes Indigenous organizations that are stepping forward to meaningfully support these women. They are more than capable of supporting these women in their transition back into the community.
A part of the bail discussion yesterday included new legislation that was introduced in the House of Commons in February that would make it easier and faster for people who may have been wrongfully convicted to have their cases reviewed. The bill, "David and Joyce Milgaard’s Law,” is named for the man who was released in 1992 after being wrongfully imprisoned for 23 years, and his mother who fought relentlessly to free him. I worked with David for years, advocating for prisoners like Odelia and Nerissa, who have been victims of a miscarriage of justice. It's fitting the bill be named after him and his mother.
The bill would establish an independent commission to review, investigate and decide which criminal cases should be sent back to the justice system. Independent of the government, commissioners would have the same powers as David Lametti, in terms of deciding the outcome of a review.
Legislation had provisional transition where someone who is in the ministerial review system has an option to remain in it, or to switch to the new system, but depending on how long it takes for the tribunal to be functional, it may be within the women's best interests to remain in the current system.
Layh set the new hearing date for March 27, 2023 but said that if he makes a decision sooner the date will be moved up.
For more information about the case, or to learn more about our advocacy efforts, please visit:
https://www.change.org/r/nicoleporter?source_location=petition_page