It could happen to you

Summary

Summary of "It Could Happen to You" Episode
Suspicion: Murder on Mount Olive
Release Date: May 23, 2025

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Introduction

In the episode titled "It Could Happen to You," Kevin Donovan delves into the harrowing realm of wrongful convictions within the Canadian justice system. Through an in-depth conversation with James Lockyer, a distinguished lawyer and director of Innocence Canada, the episode sheds light on the systemic flaws that can lead to innocent individuals being incarcerated for crimes they did not commit. This exploration is framed within the broader investigation of Christopher Sheriffe's case, a carpenter wrongfully convicted of murder in 2012.

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Innocence Canada and James Lockyer

James Lockyer's Role and Background

James Lockyer stands as a pillar in the fight against wrongful convictions in Canada. As a founding member and director of Innocence Canada, Lockyer has been instrumental in exonerating individuals wrongfully jailed for various crimes, predominantly murder. His extensive legal career spans decades, during which he has litigated some of Canada's most notorious wrongful conviction cases.

Mission of Innocence Canada

Innocence Canada's primary objectives, as articulated by Lockyer, are twofold:

1. Uncovering Wrongful Convictions: Identifying and rectifying cases where individuals have been unjustly imprisoned.
2. Preventing Future Injustices: Implementing measures to minimize the risk of wrongful convictions in the future.

Lockyer emphasizes the complexity of achieving justice, noting,

[04:10] James Lockyer: "Just think about how much has to go right to get it right. From the pathologist saying it's a murder in the first place... biased jury."

This underscores the multifaceted challenges within the legal system that can contribute to miscarriages of justice.

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Prevalence and Factors of Wrongful Convictions

Estimating the Rate of Wrongful Convictions

Lockyer provides an estimate, albeit cautiously, that approximately 3% of individuals incarcerated for murder in Canada may be innocent. While acknowledging the difficulty in pinpointing exact numbers, he remarks,

[03:29] James Lockyer: "Probably 3% is not a bad figure. You know, the criminal justice system is a human system, so it's fallible."

Common Characteristics of Wrongfully Convicted Individuals

Lockyer identifies several common threads among those wrongfully convicted:

• Socioeconomic Status: Generally low-income or economically disadvantaged.
• Demographics: Higher likelihood of being members of visible minorities and predominantly male, though women are also affected.

He states,

[04:48] James Lockyer: "I think probably the most common thread is who they are. They are generally going to be low income... more likely men."

These factors highlight inherent biases and systemic inequalities that can predispose certain groups to wrongful convictions.

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Process of Exoneration

Case Review and Selection

Innocence Canada employs a meticulous process to evaluate potential exoneration cases:

1. Exhaustion of Appeals: Individuals must have exhausted all standard appeal avenues.
2. Comprehensive Case Review: Examination of court judgments, trial transcripts, and consultations with the original trial counsel.
3. Personal Assessments: Direct interviews with the wrongfully convicted to assess demeanor and credibility.

Lockyer explains,

[06:15] James Lockyer: "Ultimately, I'll go and see the person in the penitentiary."

Example: Clayton Johnson's Case

Lockyer recounts the case of Clayton Johnson, a carpenter and former high school teacher wrongfully convicted of murdering his wife in 1993. Subsequent investigations revealed that his wife's death was due to an accidental fall, not murder. Johnson served five years before being exonerated, highlighting the profound miscarriages that can occur within the justice system.

He reflects poignantly,

[07:05] James Lockyer: "He burst into tears. And I just, I thought, my God, that's an innocent man I'm looking at."

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The Chris Sheriffe Case

Overview

Christopher Sheriffe's conviction is a central focus of the episode. Accused of shooting three times at a barbecue in 2009, Sheriffe, a former soccer star turned carpenter, maintains his innocence. His case exemplifies the struggles faced by wrongfully convicted individuals, including prolonged incarceration and the fight for justice.

Lockyer's Perspective

Lockyer draws parallels between Sheriffe and other exonerated individuals, noting the significance of steadfast claims of innocence:

[09:21] James Lockyer: "Of obviously sound mind sticks to their claim of innocence for as long as Christopher Sherif does. As you say, that has to impress you."

This persistent assertion of innocence is a critical indicator in identifying potential wrongful convictions.

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Reforming the Justice System: Miscarriage of Justice Review Commission

Introduction of the New Commission

Canada is on the cusp of establishing the Miscarriage of Justice Review Commission, envisioned as a transformative body to reassess and rectify wrongful convictions comprehensively. Lockyer anticipates a significant influx of applications, expecting around 200 cases in its inaugural year.

He asserts,

[10:24] James Lockyer: "And the creation of that commission is going to be a sea change for the wrongly convicted."

Operational Changes and Transparency

Unlike the traditional appeal system, which narrowly scrutinizes procedural errors, the new commission will undertake holistic reviews, considering all aspects of the case—from witness credibility to forensic evidence. This "smell test" approach aims to identify and address fundamental miscarriages of justice.

Lockyer elucidates,

[11:46] James Lockyer: "They don't do that at all. They look at it and say, were there errors in what the trial judge did?"

This paradigm shift is expected to enhance fairness and accuracy in the justice system, providing hope for those like Sheriffe.

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Impact of Exoneration on Individuals

Emotional Liberation

For the wrongfully convicted, exoneration is not merely a legal victory but a profound emotional release. Lockyer describes the transformation in individuals upon learning of their innocence:

[14:27] James Lockyer: "They go from being quiet and depressed... to it suddenly brings out the joyfulness in them. It's wonderful to behold."

Personal Reflections

Lockyer shares a touching observation about the powerful impact of exoneration, emphasizing the personal and emotional dimensions of his advocacy work.

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Emotional Toll on Advocates

Emotional Complexity

Lockyer candidly discusses the emotional challenges inherent in fighting wrongful convictions. While he experiences anger toward systemic failures and lack of accountability, he is also profoundly moved by the proof of innocence he uncovers.

He expresses,

[15:21] James Lockyer: "The primary emotion is, my God, looks like this person's innocent because of this undisclosed evidence."

This emotional interplay underscores the human element behind legal advocacy and the relentless pursuit of justice.

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Conclusion: The Slogan "It Could Happen to You"

The episode culminates with the impactful slogan "It could happen to you," adopted by Innocence Canada to emphasize the universality and unpredictability of wrongful convictions. Lockyer poignantly reflects on its potency:

[13:55] James Lockyer: "It could happen to me. If it could happen to you, I'm less concerned than if it could happen to me."

This slogan serves as a stark reminder of the fallibility of the justice system and the importance of vigilance, advocacy, and reform to safeguard against future injustices.

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Final Thoughts

"It Could Happen to You" offers a compelling examination of the intricacies and human costs of wrongful convictions in Canada. Through the expertise and heartfelt narratives of James Lockyer, listeners gain a deep understanding of the systemic flaws, the arduous path to exoneration, and the urgent need for comprehensive judicial reforms. The episode serves both as a call to awareness and a testament to the resilience of those fighting for justice.

Transcript

[James Lockyer]

This is a very special moment of any of our events is when the wrongly convicted are introduced, being led by Rory Gaston.

[Kevin Donovan]

Clare. I'm standing in a large room in downtown Toronto. A group of men and women are being piped in. They have one thing in common. Each was convicted of a crime they didn't commit. They served years, decades in prison. One by one, they take their place in front of an audience of family members, lawyers and friends, their advocates who never gave up, pleading their innocence. This is an annual event held by innocence Canada. Since 1993, they've helped exonerate 30 people. In most cases, it was a murder conviction. I wasn't quite sure what to expect. There was a bar, snacks, name tags on, people milling around like any cocktail party. The Exonerated, as they are called. I couldn't take my eyes off of them. Some had a hollow, haunted look. Others you'd pass on the street and not have a clue. All in all, I found it a lively, moving, hopeful event. James Lockyer, one of the best known lawyers in Canada, is a founding member.

[James Lockyer]

And it really has two purposes. To try and uncover wrongful convictions that have already occurred, to prevent them happening in the future as much as we can.

[Kevin Donovan]

To help you understand more about the case of Chris Sheriff, we're doing a number of bonus episodes, expanding themes in the series today. It could happen to you when the justice system gets it wrong. From the Toronto Star, I'm Kevin Donovan and this is season four of Suspicion Murder on Mount Olive. Do you want to start by the classic introduction who you are? What's your name?

[James Lockyer]

James Lockyer. I'm a director of Innocence Canada.

[Kevin Donovan]

Been a lawyer a couple years.

[James Lockyer]

A couple of years?

[Kevin Donovan]

How many?

[James Lockyer]

48. You're trying to age me?

[Kevin Donovan]

Not at all. James Lockyer is 76, born in England, moved to Canada in the early 1970s. The first thing you notice is this incredible shock of curls. My paper referred to it once as an unreal cascade of silver. He's a maverick lawyer known for litigating some of Canada's biggest wrongful conviction cases and is one of the reasons Canada now has the Miscarriage of Justice Review Commission, also called the David and Joyce Milgard Law. Its name honors the advocacy of David Milgard and his mother. David served 23 years in prison for the murder of nurse Gail Miller, a crime he didn't commit. Lockyer says wrongful convictions, they're more common than you'd think. You're quoted in a story on a talk you gave some years ago that you estimate 3% of people doing time for murder didn't do the crime. Is that true?

[James Lockyer]

Well, it's guesswork. I mean, I may well have said that. I might say 2% another day, but I think probably, probably 3% is not a bad figure. You know, the criminal justice system is a human system, so it's fallible.

[Kevin Donovan]

In the David Milgard case, it turned out that a friend of his was a police informant who received $2,000 for giving false evidence. There were other mistakes by police, and the real killer, a serial rapist, was not convicted until long after David was released. Lockyer said, in any criminal case, there are so many things that can go wrong.

[James Lockyer]

Just think about how much has to go right to get it right. From the pathologist saying it's a murder in the first place. A lot of cases we've done weren't murders at all. To the police investigation, which can focus on the wrong person, to the use of unbelievable witnesses, to mistaken identification, to overzealous crowns, poor defense counsel, biased trial judge, a biased jury.

[Kevin Donovan]

I ask him, is there a common thread to the people found to be wrongfully convicted?

[James Lockyer]

I think probably the most common thread is who they are. They are generally going to be low income, if not very low income, that they are more likely to be members of visible minority, more likely men. But we've had plenty of women too.

[Kevin Donovan]

We'll be right back. Innocence Canada and Lockyer himself. They get a lot of applications. People in prison reach out and say, please, can you look at my case? To be considered, the person has to have exhausted the normal appeal process. The first step at Innocence Canada is a review of court judgments and trial transcripts. Then they talk to the lawyer who represented the individual at trial.

[James Lockyer]

Consult trial counsel for some ideas, because usually trial counsel are willing to help. Not all, but usually they are. Sometimes they worry that their reputations are at stake.

[Kevin Donovan]

If it looks like a case they want to take on, the next step is a personal visit.

[James Lockyer]

Ultimately, I'll go and see the person in the penitentiary.

[Kevin Donovan]

And when you sit down for an interview with a person who is in a life sentence, do you look for anything in what they're saying to you?

[James Lockyer]

You look at everything and what they're saying to you. You look at their demeanor towards you, their approach. I always remember one chap I went to see, Clayton Johnson.

[Kevin Donovan]

Clayton was a carpenter and high school industrial arts teacher who was convicted in 1993 of murdering his wife. A bad police investigation, bad forensics, and he served five years before, with the help of Innocence Canada, he was released. It turns out it wasn't a murder at all. His wife had tripped and fallen down the stairs while Clayton was at work.

[James Lockyer]

He's no longer with us, I'm afraid. He died a few years ago, but I'd already convinced myself, satisfied myself, that he was innocent of the murder of his wife. He'd been convicted of her first degree murder and I went to see him after a couple of years working on the case. I saw him in Renewse Penitentiary out in New Brunswick. And we sat and he was a middle aged man and a very Christian man. Actually he was a strong Pentecostal. I'm not particularly religious myself. And we chatted and talked and everything was very ordinary and. And then I remember, I said to him, I always remember the scene, I said to him, clayton, you're still this strong Pentecostal. How on earth can you believe in a God who's put you through what he's put you through? And he just burst into tears. He went from straight ordinary demeanor to being utterly tearful. And I found that really impressive. I'm not quite sure why he was crying, but he just burst into tears. And I just, I thought, my God, that's an innocent man I'm looking at.

[Kevin Donovan]

In my investigation of the Chris Sheriff case, I've formed a similar opinion from talking to him, bolstered by my year long probe which turned up so many problems in the case. I tell Lockyer about that, how Chris maintains his innocence and has rebuffed opportunities along the way to admit he was involved. I ask, isn't that what all inmates say, that they're innocent?

[James Lockyer]

No, it's a complete myth that all people in jail claim they're innocent. On the contrary, virtually everyone in jail acknowledges their guilt. They may not want to acknowledge the full extent of it if it involves a particularly heinous crime, say a sex crime on a kid or something like that.

[Kevin Donovan]

It turns out repeatedly saying you didn't do it counts for something, at least in this veteran lawyer's view, when someone.

[James Lockyer]

Of obviously sound mind sticks to their claim of innocence for as long as Christopher Sharif does. As you say, that has to impress you. Of course it does.

[Kevin Donovan]

We'll be right back. Lockyer was involved at one stage in the Chris Sheriff case. A decade ago, his office tried to appeal the lower court finding of guilt to the Supreme Court of Canada. The Supreme Court denied the application, no reasons given. But in this new federal system Canada is creating, the process is seen by many lawyers as more transparent, more fair. Lockyer says it will be a game changer. When I Interviewed him. It was just about to be passed into law.

[James Lockyer]

And the creation of that commission is going to be a sea change for the wrongly convicted. It's going to be a sea change for the whole criminal justice system. It's going to create a new backend for the criminal justice system, and it's going to amount to an acknowledgement that the criminal justice system can get it wrong.

[Kevin Donovan]

Now the federal government has to set up the infrastructure, appoint the commissioners who will review the applications. Each commissioner has to have some experience in the field of wrongful convictions. Lockyer says there's going to be a lot of applications.

[James Lockyer]

I would expect in the first year they'd probably get as many as 200. Wouldn't surprise me.

[Kevin Donovan]

Would Chris Sheriff have a chance?

[James Lockyer]

Oh, yeah, he does. You know, there's a bit of a misunderstanding about wrongful convictions.

[Kevin Donovan]

Lockyer says the misunderstanding relates to our appeal system. He said people, including the media, like to say, oh, person X was convicted and that conviction was upheld by the appeals court. He says that makes people think the person must be guilty. But Lockyer says the appeal courts are only as good as the information that came out at trial.

[James Lockyer]

Our appeal system doesn't look at innocence or guilt. Our appeal system looks at, were there mistakes in the way the trial judge conducted the trial. They don't start from a premise of, well, we look at this case and it doesn't really look right to us. It looks to us like this chap may have been innocent or this lady may have been innocent. They don't do that at all. They look at it and say, were there errors in what the trial judge did? And often the errors that they find seem almost irrelevant to the conviction, but they can lead to the conviction being overturned.

[Kevin Donovan]

The new system will look at the whole case. Witnesses, judge, jury, everything. The smell test. Did the system get it wrong? Is there an innocent person behind bars? One of the best known early successes of Innocence Canada was the Stephen Truscott case when he was 14. Back in 1959, Truscott was charged with the murder of his classmate Lynn Harper. It would take him 50 years to be exonerated. During that time, he was sentenced to death by hanging, a sentence which was commuted to life imprisonment. He was eventually paroled, changed his name, married, had three children. Years later, under the old federal review system, he was exonerated. Lockyer was part of that legal team. They found fresh evidence and mistakes in the case, including a failure by the Crown Attorney's office to disclose key information to the court. In 2007, Steven Truscott was formally acquitted of the murder and the Ontario government paid him $6.5 million in compensation. I tell Locke here I'd seen a T shirt at the Innocence Canada event that struck a chord. The slogan was frightening. It could happen to you.

[James Lockyer]

Yeah. As I'm sitting here talking to you, I'm actually thinking the T shirt might be even more powerful. It said, it could happen to me. If it could happen to you, I'm less concerned than if it could happen to me.

[Kevin Donovan]

Exactly.

[James Lockyer]

So maybe that should be the slogan.

[Kevin Donovan]

The Innocence Project has helped exonerate 30 people so far. Other groups in Canada and around the world have had success in other cases. Lockyer has seen it happen in real time. So what's the reaction when the individual gets the news?

[James Lockyer]

It's just a huge burden off them. You can sense it. They go from being quiet and depressed usually, or appearing depressed, appearing not joyful, to it suddenly brings out the joyfulness in them. It's wonderful to behold.

[Kevin Donovan]

James Lockyer has been at this for a long time. It strikes me that there must be emotions at play, powerful emotions, when someone like him gets to the truth about a miscarriage of justice. The job of a police officer, in the police officer's mind, is to catch the bad guys the prosecutor is going to prosecute. Do you get angry when you look back at these cases and say, geez, why is this evidence concealed? Or why did you go down this tunnel? Like, do you get mad?

[James Lockyer]

I tell you what, I get angry at the lack of accountability for those people. I suppose I do. But I've got all sorts of other emotions. I mean, the primary emotion is, my God, looks like this person's innocent because of this undisclosed evidence.

[Kevin Donovan]

James, thanks for coming in.

[James Lockyer]

My pleasure.

[Kevin Donovan]

Thank you for listening to Murder on Mount Olive, the 10 episode series and these bonus episodes. That's not the end of the story. There will be a narrative version of our investigation in the Toronto Star and more stories to come. If you have comments or wish to reach me on another story, please email me@k donovanistar CA Murder on Mount Olive was written and narrated by me, Kevin Donovan. It was produced by Angelyn Francis and Sean Pattenden. Our executive producer is JP Fozo. Additional production by Kelsey Wilson, Matt Hearn and Tanya Pereira. Sound and theme music by Sean Patton.

[James Lockyer]

It.