Cases of miscarriages of justice led by UQAM law students

In 1983, Claude Paquin was convicted of two counts of murder. But is he really a murderer? His case returns to court Wednesday thanks to the work of Projet Innocence Québec (PIQ), a non-profit organization that defends potential victims of miscarriages of justice free of charge.

Behind Mr. Paquin’s case and the other PIQ files are students from the Université du Québec à Montréal (UQAM). The PIQ is a course-internship offered to students in the Bachelor of Laws program since 2006. They are thus led, for one or two sessions, to work as volunteers on real cases of miscarriages of justice while being accompanied by lawyers.

For Nicholas St-Jacques, who supervises PIQ participants, the rotation of students “represents a challenge,” because legal cases “take several years to progress.” This is the case for Claude Paquin, which began to be processed in 2010. Ten years later, in 2020, it was submitted to the Ministry of Justice. Mr. Paquin spent 18 years in prison and is currently subject to release conditions.

Each case is a heavy task, because students must examine all the facts. For Mr. Paquin’s case, whose conviction dates back to 1983, the work is even more colossal. “Just getting up to date and understanding the case can take several weeks for a student,” explains Mr.e St-Jacques. This is why the PIQ prioritizes participation in two sessions, even if “it is not mandatory.”

Sometimes students even continue to get involved—always on a voluntary basis—after the internship has ended. This is the case for Julie Harinen, who, now a lawyer, got involved several years after finishing her studies. “I couldn’t let Mr. Paquin down,” she says. At the end of her two sessions as an intern, Lida Sara Nouraie, who chaired the PIQ until she became a judge, suggested that she stay “to remain a stable figure for Mr. Paquin.” “We’re practically neighbors,” the lawyer reveals. “When I needed him to sign something, I would go to his place.”

The presence of Me Harinen also benefited the students who worked on Mr. Paquin’s file. The interns thus had access to a resource person who was always up to date on the file, explains Alexandrine Fortin, who worked with Mr.me Harinen during his two sessions at PIQ.

Beyond this case, Julie Harinen also worked on other cases and helped with teaching and student supervision.

It helps us understand that mistakes can happen in our justice system. I think it can be extremely relevant and very educational.

Training above all

Alexandrine Fortin believes that her participation in the PIQ was “one of the best experiences” of her bachelor’s degree. “It allows you to understand that mistakes can happen in our justice system. I think it can be extremely relevant and very educational.”

This awareness is at the heart of the PIQ’s mission, according to Nicholas St-Jacques. “There are several reasons why a miscarriage of justice can occur. It’s not always the fault of the lawyers or the fault of the police, but sometimes, yes,” he says. The lawyers who supervise the students also do educational work where “we also explain to them a little about criminal and penal procedure, the angles, the strategies, why certain decisions were made and others not, etc.”

Fany Millette, who also participated in the PIQ during her studies, believes that “the complexity of a case like Mr. Paquin’s, for a student, is really interesting.” According to her, the contribution of the interns allows these cases to move forward more quickly.

The workload is “similar to that of a course,” according to Alexandrine Fortin. However, as was the case for her, “if someone is passionate and wants to do more, they will never run out of work.” “But it’s not something that will overwhelm the student either,” she notes.

For Fany Millette, participating in the PIQ was a way to get involved in a project throughout her studies. “I have a rather atypical background and I was also a single mother at the time. So, between the race for internships in the legal field and various involvements such as more general clinics that didn’t really interest me, I wanted to contribute significantly to something.”

After extending her contract for two years, she had to stop working on Mr. Paquin’s case because of an exclusivity clause linked to her new job. It was a “tear in my eyes.” Nevertheless, the announcement of a new trial for the man “greatly moved” her.

Alexandrine Fortin and Julie Harinen reacted similarly. “It’s been so long that at some point, we no longer believe in it,” said the latter. “I’m extremely happy for Mr. Paquin, who has been waiting for this 10 times longer than us.”

To see in video

source site-47