The Martlet

Wrongly convicting Kyle Unger for a murder he did not commit was the first miscarriage of justice. Not compensating him for the 14 years of his life he spent in jail was the second.

Unger was released from prison in 2004, after Manitoba’s Forensic Evidence Review Committee used DNA testing on a hair that was a key to his 1992 conviction of killing 16-year-old Brigitte Grenier. Unger was proved innocent.

Yet on Oct. 23, Manitoba Justice Minister Dave Chomiak stated that Unger will not receive any compensation for his time spent behind bars because, “‘without his confession, he would not have been charged. Without the confession, he would not have been convicted.”

Just 30 years ago, DNA technology had not been available in Canada. But since the 1990s, it has proven many convicted people innocent.

Canadians rank among the highest in the world when it comes to having faith and confidence in a nation’s judiciary system.

But mistakes are inevitable and many miscarriages of justice like the one Unger suffered have occurred.

The wrongly convicted suffer not only a loss of freedom—they often face economic struggles when released. Many also suffer mental and psychological consequences, including depression and post-traumatic stress syndrome.

You cannot place a value on a life sacrificed behind bars.

Still, justice demands ethically compensating these victims, and in the shortest time possible from when they are released from prison.

Unger’s 14 years in prison entitle him to nothing, because the Minister of Justice believes Unger’s conviction was his own fault.

Is it fair to claim that 14 years of wrongly living in dark horror does not qualify a person to receive compensation?

Who, if anyone, will be responsible for that man’s 14 years of prison that were cruel and unbelievably unjust?

“I’ve learned never to be optimistic in these kind of cases, because almost every good thing has been derailed at some point in time. The government is entitled to make mistakes and do things that are somewhat idiotic,” said Unger’s lawyer recently to media.

So why are governments allowed to make idiotic mistakes, and District Attorneys to enjoy full immunity for those mistakes, yet Unger’s “mistake” is unforgiveable?

And what of justice for the murdered 16-year-old girl?

“Our role is to gather the best evidence possible in any cases we investigate,” said RCMP spokesperson Line Karpish.

Yet the RCMP are refusing to re-open the file, leaving Grenier’s brutal killing unsolved.

Wrongful conviction remains one of the biggest issues in our judiciary system. To this day, it is unknown how many people are still behind bars for crimes they did not commit.

Compensating wrongfully-convicted victims remains ethically necessary for people who lost not only their jobs, family and friends, but also the most critical component in human life: freedom.