Federal minister orders new appeal in 1994 Saskatchewan murder convictions of Quewezance sisters

Canada's justice minister has ordered a new appeal for Odelia and Neressa Quewezance, convicted of second-degree murder in 1994, citing likely miscarriage of justice.

Federal minister orders new appeal in Quewezance murder case after four-year review

Canada's federal justice minister has ordered a new appeal in the case of two sisters from Keeseekoose First Nation in Saskatchewan who were convicted of second-degree murder more than 30 years ago, cbc.ca reported Thursday.

Justice Minister Sean Fraser announced the decision following an "in-depth" ministerial review that spanned more than four years. The review concluded there were "reasonable grounds to conclude that a miscarriage of justice likely occurred."

"My decision does not decide guilt or innocence, as that will rest with the courts," Fraser said in a news release. "Our responsibility is to make sure Canadians can trust their justice system, and that means, in rare cases, returning cases to the courts for new information to be considered."

Conviction dates to 1994 Yorkton trial

Odelia and Neressa Quewezance were convicted in 1994 at Yorkton Court of King's Bench in the death of Anthony Joseph Dolff, a farmer from Kamsack, Sask. The killing occurred on Feb. 25, 1993, when Dolff invited the two sisters and their teenage cousin to his home. The cousin, who cannot be identified under the Youth Criminal Justice Act, later confessed to stabbing Dolff. Odelia and Neressa were nonetheless charged and convicted of second-degree murder.

Their lawyers have noted that both sisters had attended residential school and were victims of institutionalized violence. Dolff had worked at the St. Phillips Residential School on Keeseekoose First Nation.

New information centres on disputed confessions

James Lockyer, a lawyer with Innocence Canada, continues to represent the sisters. He said the new evidence concerns the five days following their arrest, when Odelia and Neressa were held at the Kamsack RCMP detachment despite a judge's order directing that they be transferred to a detention centre.

RCMP officers claimed both women confessed during that five-day period of questioning.

"We've got new information about that period … that we think compels an entire rethinking about the case and a complete rethinking about the reliability of their confessions," Lockyer said. "In essence, we're alleging that the confessions that were put before the court were false confessions."

The government confirmed that the new information was not before the courts at the time of the original trial or the sisters' earlier appeal.

Innocence Canada application triggered review

David Milgaard brought the Quewezance case to Innocence Canada, a non-profit that advocates for the exoneration of wrongly convicted individuals. The organization filed a formal application with the justice minister on Dec. 21, 2021, requesting the ministerial review that ultimately led to Thursday's announcement.

Sisters have been out on conditional release — one now reincarcerated

Odelia and Neressa were conditionally released from custody in March 2023 following a hearing in Yorkton, while the federal review was still pending. However, Neressa allegedly breached her curfew condition and is currently held in a federal institution in British Columbia. Odelia was charged this summer with impaired driving and is being held in a provincial jail.

Lockyer said he plans to file a bail application with the Saskatchewan Court of Appeal before appeal dates are formally set.

In a written statement, Odelia spoke on behalf of herself and her sister. "Neressa was 18 when she was arrested and is now 52. I was 21 and am now 55. But we have never stopped fighting," she said. "Today's announcement by the minister is encouraging and now we will continue the fight in the Saskatchewan Court of Appeal."

Lawyer points to systemic failures in parole system

Lockyer drew attention to the length of time both women have remained incarcerated relative to their original parole eligibility. The sentencing judge had ordered that they be eligible for parole after 10 years.

"The bottom line is, why are two Indigenous women still serving life sentences 33 years after their convictions, when at their trial, the judge ordered that they be eligible for parole after 10 years?" Lockyer said. "It's an indictment of our parole system as well, that they're still in prison 23 years after they became eligible for parole."

The case now returns to the Saskatchewan Court of Appeal, where dates will be scheduled to hear the new appeal.

Source: Google News CA — Crime (EN)