Report on pathologist brings justice review
Question of whether incarcerated people and counsel received proper disclosure
Alberta’s justice minister has launched an investigation into whether disclosure was properly provided to defence lawyers and their clients in several criminal cases following a report that cast doubt on findings by a former Calgary pathologist.
In a statement, Doug Schweitzer, minister of justice and solicitor general, said the review will assess “steps taken by the Alberta Crown Prosecution Service to address concerns related to a former medical examiner.”
It comes around two weeks after news media reports raised questions about whether people who had been incarcerated and their counsel were notified of the records in question while serving their sentences.
In 2012, a three-member panel of pathologists conducted a review of findings by Dr. Evan Matshes, a forensic pathologist who spent 13 months working at the Calgary medical examiner’s office starting in 2011.
The panel of American pathologists examined the findings of 14 investigations conducted by Matshes, including 13 that involved death, determining his conclusions were “unreasonable” in all but one.
The findings of the panel could have later exonerated those already serving sentences, having been convicted for crimes involving deaths that were deemed homicides. But an investigation earlier this month by CBC’S The Fifth Estate found that the report wasn’t shared with the relevant parties.
In a number of those cases, the defendants said they pleaded guilty to lesser charges, leading to incarceration, having felt the evidence of Matshes’ autopsy results would surely mean a guilty verdict for the more serious offence of second-degree murder.
Now, Schweitzer wants to know whether the Alberta Crown Prosecution Service did, in fact, fail to provide adequate disclosure to defence lawyers and their clients, senior Alberta Justice sources said.
“I am concerned with allegations related to a former medical examiner’s findings from 2010 to 2011 and have directed my officials to retain external counsel to review steps taken by the Alberta Crown Prosecution Service regarding matters involving this medical examiner,” Schweitzer said via email.
Schweitzer press secretary Jonah Mozeson said details surrounding the scope of the review will be finalized in the coming days and then be available to the public.
“Minister Schweitzer takes any concern about a lack of faith in the justice system very seriously,” Mozeson said via email. “After a number of briefings on the matter, he felt it was necessary to ensure the matter was reviewed more thoroughly.”
It’s not clear at this time how long the probe will take. Asked if the province planned to speak with relevant defence lawyers, judges or even Matshes himself, Mozeson said “the government will not limit who the external counsel can approach” during the review.
“Our democracy is grounded on public faith in the administration of justice. As minister of justice, I want Albertans to know that we take our responsibility as a government seriously and ensure that we take steps to resolve any potential injustice,” Schweitzer said.
“I have instructed the Alberta Crown Prosecution Service to offer their full co-operation to the external counsel.”
Eric Tolppanen, assistant deputy minister of the Alberta Crown Prosecution Service, previously told CBC he was confident prosecutors had properly disclosed necessary information to defence lawyers.
Tolppanen “welcomes this review and fully supports it, including providing full co-operation to the external counsel,” Alberta Justice spokesperson Dan Laville said in an email, following a request to Tolppanen for comment.
While in Calgary, Matshes conducted 426 death investigations, including 262 autopsies and 164 external exams in just over a year.
His work had come under scrutiny after an insurance company raised concern about an accidental death finding.
Matshes has disputed the validity of findings that questioned his work, saying in some cases the three U.S. pathologists who conducted the 2012 peer review didn’t have the complete or proper file.
He left his position in September 2011 for reasons unrelated to that review, according to the province.
Last year, the Texas Medical Board cleared Matshes of wrongdoing, along with fellow former Calgary medical examiner Dr. Sam Andrews, in an autopsy that sparked accusations the pair inappropriately harvested organs from a deceased child.
Matshes said the decision was further vindication their work had been professional and proper.
He remains embroiled in a $30-million lawsuit, filed in 2014, against both the province and former Alberta chief medical examiner Dr. Anny Sauvageau, charging both with conspiring to ruin his career by spreading false information.