Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Crown law - Crown liability - Fault - Prejudice - Action brought against federal Crown on basis of miscarriage of justice - Standard of liability applicable to conduct in issue - Whether Quebec Court of Appeal erred in reversing trial judge’s conclusions concerning lack of meaningful review of appellant’s applications - Whether trial judge’s conclusions concerning award of various heads of damages should be upheld.

On November 3, 1964, Réjean Hinse was convicted of robbery and sentenced to imprisonment for 15 years. From that time on, Mr. Hinse repeatedly, and by various means, sought recognition that he was a victim of a miscarriage of justice, including by trying to obtain a pardon from the Governor in Council and by appealing to the Crown’s power of mercy. It was not until 33 years later, on January 21, 1997, that Mr. Hinse was acquitted by the Supreme Court of Canada after obtaining an extension of the time for appealing his conviction. Following the acquittal, Mr. Hinse brought an action against the town of Mont-Laurier, the Attorney General of Quebec and the Attorney General of Canada solidarily. However, a settlement agreement was reached with the town ($250,000) and the Attorney General of Quebec ($5,300,000).

Against the Attorney General of Canada, Mr. Hinse alleged that the federal government had helped to perpetuate and exacerbate the prejudice he had suffered as a result of the miscarriage of justice and was guilty of systemic contributory fault in failing to act to acknowledge and remedy the miscarriage. He also argued that the conduct of the federal authorities in his case [translation] “was indicative of reprehensible carelessness, recklessness and total denial, which must be denounced and condemned”. He claimed $1,079,871 in compensation for pecuniary damage, $1,900,000 in compensation for non-pecuniary damage and $10,000,000 in punitive damages. The Superior Court allowed the action and ordered the Attorney General of Canada to pay nearly $5.8 million. Finding that Mr. Hinse had not discharged his burden of establishing the fault of the federal authorities, the Court of Appeal set aside the decision.