Statement

Matter Of Compensation In R. v. Hanemaayer

January 13, 2010

After careful consideration of the factors relating to this matter, the Attorney General has concluded that the payment of financial compensation is not appropriate in this case.

At each stage of this case, the Crown and police acted with integrity and in the best interests of the administration of justice. Once the Crown became aware of the evidence arising out of the re-investigation of this case, the Crown took steps to ensure the case was brought back before the Court and that the appeal should be allowed.

A number of factors are taken into consideration to determine if a case is sufficiently rare and unusual to warrant financial compensation. These include the specific facts of this case, the Court of Appeal's decision, and the Federal-Provincial-Territorial Guidelines for Compensation for Wrongfully Convicted and Incarcerated Persons.

As the Court of Appeal decision reflected, this case involved a voluntary, unequivocal, and informed guilty plea by the accused, honest but mistaken identification evidence, compelling fresh evidence available on appeal, and an evolution of procedures and standards over the last twenty years. The Court of Appeal set aside Mr. Hanemaayer's guilty plea, and entered an acquittal.

Contacts

Erin Moroz
Minister's Office, 416-326-1785

Brendan Crawley
Communications Branch, 416-326-2210

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