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| John L. Hill |
On March 8, 2022, after more than 31 years of claiming his innocence, Klassen’s conviction for the first-degree murder of Julie McLeod was found to have likely been a miscarriage of justice following an investigation by then-justice minister and attorney general David Lametti. Acting under his powers under s. 696.1 of the Criminal Code, the minister ordered a new trial.
Instead of proceeding with the retrial, the B.C. Attorney General filed a stay of proceedings, thereby ending the case without an acquittal or exoneration. In a press release issued on Oct. 7, 2025, Miscarriage of Justice Canada (MJC) criticized the Province of British Columbia for its handling of Klassen’s wrongful conviction case.
MJC argues that the stay undermines the federal review process, denies Klassen the public vindication and compensation owed under the 1988 Federal-Provincial-Territorial Guidelines on Compensation for Wrongful Convictions, and could be a tactical effort to avoid civil liability.
Myles Frederick McLellan, MJC’s executive director, called the stay an “abuse of prosecutorial discretion,” warning that it threatens the integrity of Canada’s miscarriage of justice system.
MJC urged British Columbia to follow the minister’s order and proceed with the new trial. Additionally, MJC calls on the government to negotiate fair compensation for Klassen’s 26 years of lost freedom and dignity, and to ensure transparency and accountability in the justice review process.
The case, according to MJC, emphasized the need for reform and the importance of the upcoming Miscarriage of Justice Review Commission, which will oversee federal wrongful conviction reviews.
Klassen has also started legal action. Greg Rodin, of Rodin Law Firm in Calgary, has submitted a Notice of Civil Claim to the Supreme Court of British Columbia, with Gerald Bernard Klassen as the plaintiff. The claim names David Robert Patrick Eby, a former attorney general of British Columbia who supervised prosecutions by the B.C. Prosecution Service, as a defendant. Also included are the prosecutor from Klassen’s murder trial, RCMP officers involved in the investigation, and a pathologist from the British Columbia Coroners Service who worked on the case.
The action seeks damages for the psychological distress, shame, humiliation, pain and suffering, loss of income, and other losses and damages that Klassen suffered due to his wrongful conviction.
The claim emphasizes that the process of overturning Klassen’s conviction has always remained confidential, providing no information or explanations accessible to the public about why the conviction and sentence might have been a miscarriage of justice. Any disclosure would only occur if a retrial takes place. The civil claim states that the decision to stay proceedings aims to prevent public embarrassment and a potential lawsuit, thus shielding government agencies from being held responsible for a wrongful conviction. This lack of transparency stops Klassen from getting a judicial declaration of his innocence. He remains unemployed because employers refuse to hire him once they learn about the allegations leading to his conviction. Leaving prison was just one of the obstacles he faced. The claim highlights that his life continues to be filled with turmoil, frustration and missed opportunities in all aspects of daily life.
The civil action also contends that Klassen’s prosecution violated his Charter rights, including the failure to disclose relevant material and denying him the opportunity to present a full answer and defence. By denying Klassen a remedy for his wrongful conviction, there has been a breach of the International Covenant on Civil and Political Rights, a United Nations standard that Canada has adopted.
When an inmate appears before the parole board seeking release from imprisonment, a key concern is whether the offender has taken responsibility for the wrongful acts committed. What the MJC and the Klassen lawsuit seek is an admission by British Columbia that it is willing to accept responsibility for its wrongful acts that led to the suffering Klassen has endured.
John L. Hill practised and taught prison law until his retirement. He holds a JD from Queen’s and an LLM in constitutional law from Osgoode Hall. His most recent book, Acts of Darkness (Durvile & UpRoute Books), was released July 1. Hill is also the author of Pine Box Parole: Terry Fitzsimmons and the Quest to End Solitary Confinement (Durvile & UpRoute Books) and The Rest of the (True Crime) Story (AOS Publishing). Contact him at johnlornehill@hotmail.com.
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