Law360 Canada ( September 14, 2021, 5:22 AM EDT) -- Appeal by Tallio, an Indigenous man, from his 1984 conviction for second degree murder. In 1983, an infant was sexually assaulted and murdered. The appellant was asked to check on the infant. He woke his mother up and told her the infant was dead and had been raped. The appellant gave an incriminating statement to police and was charged with first degree murder. A psychiatric evaluation found the appellant was fit to stand trial. While on remand, he made an inculpatory statement to a psychiatrist. The trial judge excluded the appellant’s statement made to the police. After the Crown indicated its intention to tender the appellant’s statement to the psychiatrist and to call the psychiatrist as a witness, defence counsel obtained verbal instructions from the appellant to offer to plead guilty to second degree murder. The Crown accepted the offer. Defence counsel obtained written instructions for the guilty plea. The appellant was sentenced to life imprisonment with no parole eligibility for 10 years. The appellant maintained his innocence and refused to participate in rehabilitation programs. He was never granted parole. Both parties adduced fresh evidence on appeal. Subsequent DNA testing showed DNA associated with the victim’s uterus and vagina came from two different males. The appellant could not be excluded as one of the donors....