Background:
In 1998-MAR, Alan D. Gold, president of the Canadian Criminal Lawyers
Association sent a letter to the Minister of Justice and Attorney General
for Canada. The letter expressed concern for persons imprisoned as a result of
improper convictions based on recovered memory therapy
(RMT).
About six weeks after the letter was sent, the Government rejected the appeal
for an inquiry. To our knowledge, no action has since been taken by the Government of Canada to
investigate the imprisonment of innocent persons who were convicted on the basis
of recovered memories.
In the meantime, inquiries of the type requested in the following letter were
conducted by the governments of the Netherlands and Australia.
We believe that by the end of 2004, everyone imprisoned in Canada on the
basis of recovered memories has served their sentence and has been released from
jail.
Alan Gold's letter:
March 25, 1998
Minister of Justice and Attorney General for Canada
Justice Building 239 Wellington Street
Ottawa, Ontario, K1A 0H8
Minister
Under the direction of your predecessor in office, a special inquiry was
conducted into a particular category of past criminal convictions, namely that
of women found guilty of murdering their husbands; you were involved in acting
on that inquiry's conclusions. The ground for reopening all those cases was not
the usual one applied in appeals of individual convictions (such as errors at
the trial level or new evidence); rather, it was a new psychological concept
(the "battered wife syndrome"), one not explicitly existing in law at the
time of the original trial, but later deemed applicable to an entire group of
cases.
Without considering the merits of the earlier inquiry, it has become
increasingly plain that an urgent and powerful need exists for that type of
governmental action in another category of cases. In recent years, a certain
concept has been allowed uncritically into jurisprudence in Canada and elsewhere
that of "repressed" and later "recovered" memory. There was never
any legitimate reason for regarding such alleged memories as trustworthy; but by
this point in time it is perfectly clear that they are not.
In the past two years, professional associations of psychiatrists, psychologists
and other mental- health workers in various countries (including Canada) have
officially warned that such "memories" are so unreliable in general that
their evidential value in any individual case is zero. In fact, great numbers of
practitioners in those fields maintain that memory "repression" (an
unconscious act, not mere forgetting) does not exist at all, certainly not in
the case of serious trauma. But that debate is immaterial to the concerns of the
Justice system; real or not, such alleged memories are too readily confused with
the results of suggestion and confabulation to have any degree of reliability.
As realization of the total unreliability of "recovered memory" has taken
hold in the justice community, courts in many places have responded
appropriately. In the US, Appellate and Supreme Courts in New Hampshire,
Michigan, Iowa, Minnesota, Tennessee, Texas, Rhode Island, Alabama,
Pennsylvania, Illinois, Arizona, California, Wisconsin, North Carolina, Utah and
Maryland have issued judgments recognizing the injustice of an accused being
convicted on grounds of "recovered memory".
And yet that now-discredited concept has by this point in time been applied in
scores of court cases in our country. More recently, such "evidence" has
not been allowed to hold sway in Canada either. But those men convicted under
the older naive views continue to suffer - and some of them are still in prison
because of it. Worse yet, courts in certain individual "repressed memory"
cases in Canada have turned down appeals based on today's greater awareness of
how memory works - apparently on the narrow grounds that all was done properly
under the jurisprudence of the time. Because of these circumstances, the
undersigned believe, there is only one just and proper thing for the Justice
Minister to do. Conduct an inquiry into this entire category of convictions,
with a view to releasing forthwith all those prisoners who would not have been
convicted but for the testimony of "recovered memories".
Given the systemic nature of the original injustice, and given the failure of
Canadian courts to act on the problem even in individual cases, and given the
ongoing suffering of those convicted without any adequate grounds, it is
absolutely imperative that you act on this matter without delay.
Yours very truly,
Alan D. Gold,
President Criminal Lawyers Association
The letter was also signed by:
Doreen Kimura, Ph.D., F.R.S.C.; ,LL.D. (Hon.). Professor in Psychology and in
the Neurosciences Graduate Programme, University of Western Ontario
Elizabeth F. Loftus, Ph.D. President American Psychological Society, University
of Washington
Endel Tulving , Ph.D., F.R.S.C., F.R.S., Chair in Cognitive Neuroscience, Rotman
Research Institute;
Professor Emeritus Psychology, University of Toronto; Rotman Research Institute
of Baycrest Centre 3560 Bathurst Street, Ontario
C. Tana Dineen , Ph.D., C.Psych.(Ontario), R.Psych.(B.C) Author: "Manufacturing
Victims: What the Psychology Industry is doing to People," (1996). Victoria.
B.C.
Shimon Amir, Ph.D. Professor Center For Studies in Behavioral Neurobiology,
Department of Psychology ,
Concordia University
Maggie Bruck, Ph.D., Professor of Psychology, McGill University, co-author of "Jeopardy
in the Courtroom A Scientific Analysis of Children's Testimony," American
Psychological Association., (1995).
Member of American Psychological Society, Society for Research on Child
Development, Psychonomics Society
Nancy Marcus, Attorney at Law, J.D.
William G. Webster, Ph.D., Dean of the Faculty of Social Sciences, Professor
of Psychology,
Brock University.
Timothy E. Moore, PhD, C Psych., Chair, Dept. of Psychology Glendon College,
LaMarsh Research Program on Violence & Conflict Resolution, York University
Lawrence Greenspon, Specialist in Criminal & Civil Litigation c/o KARAM,
GREENSPON, Ottawa,
Michael von Grünau, Department of Psychology, Concordia University Charlotte
Vale Allen, Author of "Daddy's Girl The Shocking Story of a Child's Ordeal."
R. Christopher Barden, Attorney , J.D., LP , Ph.D.(psychology), President,
National Association for Consumer Protection in Mental Health Practices,
North Salt Lake, Utah
Peter Suedfeld, Ph.D., F.R.S.C. Professor of Psychology, The University of
British Columbia
Neil Boyd, LLB, LLM, Professor, School of Criminology, Simon Fraser University
Karl Akiba Enright, MD. FRCPC., Psychiatrist, Whistler, B.C.
D. Stephen Lindsay,Ph.D. Professor, Department of Psychology, University of
Victoria, memory researcher, member of the Psychonomic Society, the American
Psychology and Law Society, the American Psychological Society, the Canadian
Society for Brain, Behavioral, and Cognitive Science, and the Society for
Applied Research on Memory and Cognition.
Gerald Nemiroff, Professor, Faculty of Law, University of Manitoba
Barry Spinner, Ph.D., Professor, Department of Psychology, University of New
Brunswick,
Paul Sandor MD FRCPC, Staff psychiatrist, The Toronto Hospital, Toronto
Hamar Foster, Professor Faculty of Law, University of Victoria
Barry L. Beyerstein, Ph.D., Brain Behavior Laboratory, Department of Psychology,
Simon Fraser University
Wayne Sumner, B.A., M.A., Ph.D., FRSC, Professor, Department of Philosophy and
Faculty of Law, University of Toronto
Harold Merskey, D.M., F.R.C.P(C)., F.R.C.Psych., Professor Emeritus, Dept. of
Psychiatry, University of Western Ontario,
Gerry Ferguson, Professor, Faculty of Law, University of Victoria
John J. Furedy, Ph.D., Professor of Psychology, University of Toronto, and
President (1993-8), Society for Academic Freedom and Scholarship.
Joseph Magnet, Professor, Faculty of Law, University of Ottawa; formerly
Distinguished Visiting Professor, University of California, Berkeley; formerly
Assistant Crown Attorney, Ottawa
Dr. Ted Hannah, Department of Psychology, Memorial Unversity of Newfoundland
Sheila Taub. J.D., Professor , Quinnipiac College School of Law
Gerry Ferguson, Professor, Faculty of Law, University of Victoria
Prof. Michael G. Kenny, D.Phil (Oxon.), Department of Sociology & Anthropology,
Simon Fraser University
Mark Pendergrast, Journalist, Author, "Victims of Memory Incest Accusations
and Shattered Lives"
Charles Traynor, Vice President. Campbell Goodell Traynor Consultants Ltd
,Victoria,
Herman W. Ohme, National Co-Chair, National Association for Consumer Protection
in Mental Health Practice
Dr. Griffith Pearson M.D. 18 A Lower Village Gate Apt. 112 Toronto
Jane Dywan, Ph.D., C. Psych., Associate Professor, Dept. of Psychology, Brock
University
Dan C. McIntyre, Ph.D., Professor, Department of Psychology, Carelton
University, Ottawa
Sidney J. Segalowitz, Ph.D. Professor, Dept. of Psychology, Brock University
Robert M. Zacharko, PhD, Professor, Carleton University, Institute of
Neuroscience, Ottawa
Donald J. Egleston, Faculty of Law, University of British Columbia
Donald V. Coscina, Ph.D. Chair and Professor, Department of Psychology,
Professor, Department of Psychiatry and Behavioral Neuroscience, Wayne State
University; Visiting Professor in Psychology and Psychiatry at the University of
Toronto; Visiting Scientist at the Clarke Institute Toronto.
Fred J. Boland Ph.D.,C.Psych., Associate Professor of Psychology and Psychiatry,
Queens University.
Brian E. Butler, Ph.D. Associate Professor of Psychology and Education, Queen's
University
Gordon Winocur, PhD, Research Scientist Rotman Research Institute, Professor of
Psychology, Trent University, Professor of Psychology and Psychiatry, University
of Toronto
R. C. L. Lindsay, PhD, Professor, Department of Psychology, Queen's University.
Member of: American Psychological Association; American Psychology-Law Society;
Society for Applied Research on Memory and Cognition
Michiel Horn, Professor of History, Glendon College of York University
Gary C. Walters, Ph.D., Professor of Psychology, University of Toronto,
Director, Child Studies Program
Philip Merikle. Ph.D. Professor of Psychology, University of Waterloo
Derek Besner Ph.D., Professor, Psychology Department, University of Waterloo,
David Piggins, M.A., F.S.M.C., F.C. Optom., D.Opt., Department of Psychology,
University of Guelph,
Visiting Research Fellow, University of Wales, Bangor, Visiting Research Fellow,
University of Cambridge, England,
Carl L. von Baeyer, Ph.D., Director of Clinical Training, Registered
Psychologist, Professor Department of Psychology, University of Saskatchewan
Rolf Kroger, Ph.D. Professor Emeritus of Psychology, University of Toronto
Michael Dixon, Ph.D., Assistant Professor of Psychology, Member of the
International Neuropsychological Society, University of Waterloo
A. Daniel Yarmey Ph.D., Professor Department of Psychology University of Guelph,
Fellow of the Canadian Psychological Association; Member of Society for Applied
Research in Memory and Cognition, American Psychology - Law Society
John M. Kennedy , Ph.D., Editor: "Metaphor and Symbol;" Past President:
American Psychological Association, Division 10:
Psychology and the Arts Supervisor, Cognitive Science Program, University of
Toronto at Scarborough, University of Toronto -- Psychology
Patricia Bowers, Ph.D., C. Psych., Assoc. Professor, University of Waterloo,
W. C. Corning, Ph.D., Neurophysiologist and Professor of Clinical Psychology,
University of Waterloo.
Marvin Brown, Ph.D., Professor of Psychology, University of Saskatchewan
Jennifer A. Stolz, Assistant Professor of Psychology, University of Waterloo,
Ontario,
Robert Zemore, Ph.D., Professor of Psychology, University of Saskatchewan
Charles B. Crawford, Professor of Psychology, Simon Fraser University
Joanne Wood, Ph.D., Associate Professor, Department of Psychology, University of
Waterloo
Geoffrey T. Fong, Ph.D., Associate Professor, Department of Psychology,
University of Waterloo, ON, Canada. Visiting Research Collaborator, Princeton
University. At present Visiting Scholar, Stanford University, Stanford, CA
Thomas B. Wishart, Ph.D., Professor, Department of Psychology, University of
Saskatchewan,
Delroy L. Paulhus, Associate Professor, Dept of Psychology, University of
British Columbia
Ian Maynard Begg, Professor, Department of Psychology, McMaster University,
Hamilton, Ontario, Canada
Roberto Cabeza,Ph.D., Assistant Professor, Department of Psychology, University
of Alberta.
Lori Buchanan, Ph.D., Assistant Professor, Psychology Department, University of
Alberta
Don Dutton, Professor, Dept. of Psychology, University of British Columbia.
etc.
Reference:
-
Stephen Bindman, "Can recovered memories be trusted? Justice
minister rejects call for inquiry," The Ottawa Citizen, 1998-MAY-04.
Page Translator:
