554:, which would mean that Truscott would be declared innocent, and not merely unable to be found guilty beyond a reasonable doubt. Although they issued the acquittal, the court said it was not in a position to declare Truscott innocent of the crime. "The appellant has not demonstrated his factual innocence," the court wrote. "At this time, and on the totality of the record, we are in no position to make a declaration of innocence." Within the Court's 2006 judgement, as they reviewed the evidence against Truscott, the Court wrote that "In these circumstances, we cannot say that an acquittal is the only reasonable verdict."
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looked back toward the intersection where he had dropped Harper off and observed that a vehicle had stopped and that she was in the process of entering it. On June 10, 1959 at 9:30 a.m. Steven was interviewed by (Constable) Hobbs in a cruiser at his school. He told Hobbs that while standing on the bridge, he saw Lynne get into a "late model
Chevrolet" and there "was a lot of chrome on the car and it could have been a Bellair version." At 11:20 that evening, Lynne's father reported her missing.
25:
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this narrow window was the autopsy doctor's testimony that the decomposition of Lynne's body and the state of partially digested food in her stomach indicated she had died near the precise time she was acknowledged to have been with
Truscott. On September 30, the jury returned a verdict of guilty, with a recommendation for mercy. Justice Ferguson then sentenced Truscott to death by hanging.
235:; however, the federal cabinet reprieved him and he was sentenced to life in prison and released on parole in 1969. Five decades later, in 2007, his conviction was overturned on the basis that key forensic evidence was weaker than had been portrayed at trial, and key evidence in favor of Truscott was concealed from his defense team. He was the youngest person in Canada to face execution.
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excluded
Truscott as a suspect. Only after the police had narrowed on Truscott as the prime suspect did Penistan provide "forensic proof" that Harper had died exactly around the time that implicated Truscott. His original estimates and draft autopsy reports were concealed from the defence and the court.
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During the review
Justice Moldaver asked retired OPP officer Harry "Hank" Sayeau (who assisted Inspector Harold Graham) why the police never considered a sexual psychopath might be responsible for Harper's rape and murder before they narrowed their focus on a fourteen-year-old: "Did the thought ever
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began hearing arguments from
Truscott's defence in the appeal of Truscott's conviction. Arguments were heard by the court over a period of ten days, concluding February 10. In addition to the notoriety of the case itself, the hearing is also notable for being the first time that cameras were allowed
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and, in a wooded area beside the County Road (known as Lawson's Bush), Truscott raped and murdered Lynne. Truscott has maintained since 1959 that he took Harper to the intersection of the County Road and
Highway 8, where he left her unharmed. Truscott maintains that when he arrived at the bridge, he
510:
could have assisted in solving the murder in 1959. However, samples of insects and maggots were collected from the body at the time, and the science has since evolved. By knowing when insects deposit their eggs or larvae on a corpse, experts can estimate time of death. The evidence did not rule out
430:
The joint opinion of Canada’s
Supreme Court Justices was: “The verdict of the jury, read in the light of the charge of the trial judge, makes it clear that they were satisfied beyond a reasonable doubt that the facts, which they found to be established by the evidence which they accepted, were not
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before Mr. Justice
Ferguson and a jury. Steven Truscott was represented by Frank Donnelly; Glen Hays appeared for the Crown. All the evidence presented in court against the accused was circumstantial, and centred on placing Harper's death within a narrow time frame which implicated Truscott. Key to
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School located on the north side of the Air Force base. In the early evening of
Tuesday, June 9, 1959, Truscott had given Harper a ride on the crossbar of his bicycle and proceeded from the vicinity of the school northwards along the County Road. The timing and duration of their encounter, and what
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that
Truscott had been convicted of a crime he did not commit, rekindling public debate and interest in the case. On April 26, 1966, the Government of Canada referred the Truscott case to the Supreme Court of Canada. Five days of evidence were heard by the Supreme Court of Canada in October 1966,
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New forensic evidence was presented on his behalf, and Truscott testified before the Supreme Court of Canada, telling his story for the first time. Truscott and 25 other witnesses testified before the Court. After a two-week hearing before the Supreme Court, Canada’s top judges ruled 8-1 against
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In addition, an elderly couple had told investigators soon after the murder that they had spotted a young girl hitchhiking at the time and place where Truscott stated he had left Harper. Bob Lawson, the farmer who owns the property including Lawson’s Bush, testified during the appeal he and a
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The Court of Appeal heard evidence, including earlier versions of draft autopsy reports, that contradicted the supposed narrow window for Harper's time of death. Pathologist Dr. John Penistan had in fact provided three different estimates for this time period, the first two of which would have
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Many, including Harper's family, have never thought that Truscott was innocent of the murder, and in July 2008 Harper's brother described Truscott's compensation package as "a real travesty" and indicated he would not inform their father for fear the news would upset him.
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Truscott getting a new trial, and he was returned to prison to serve the remainder of his sentence. The Supreme Court stated that “There were many incredibilities inherent in the evidence given by Truscott before us and we do not believe his testimony.”
247:. She had one older brother, Barry Harper, who lived in Ohio and a younger brother, Jeffrey. Her father was a school teacher before he joined the military in 1940. They relocated to the RCAF base at Clinton in July, 1957. Lynne spent time going to
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Truscott was transferred on May 7, 1967 to the Farm Annex of Collins Bay Penitentiary. On October 21, 1969, Truscott was released on parole and lived in Kingston with his parole officer and then in Vancouver for a brief period before settling in
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cross your mind that, for someone to strangle her then sexually assault her, you might want to be looking for someone who is more of a pervert, more of a sexual psychopath?" "I don't recall that", said the eighty-four-year-old Harry Sayeau.
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and insect activity on Harper's body were capable of raising a "reasonable doubt" whether she died before 8 p.m. – and could suggest she died as late as the next day, although the court said there was no realistic possibility that
231:(born January 18, 1945) is a Canadian man who, at age fourteen, was convicted and sentenced to death in 1959 for the rape and murder of classmate Lynne Harper. Truscott had been the last known person to see her alive. He was scheduled to be
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in 2008. The play was remounted again in the company's 2009 season and was again playing in 2013 in various Ontario localities including Toronto, Ottawa and at London Community Players in London. Its Western Canadian premiere was at
637:, was fired after shedding a tear in response to an interview with Truscott's mother, Doris. LaPierre's reaction – quickly wiping away tears under one eye and speaking in a shaky voice – infuriated CBC president
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is based on a fictionalized version of the Truscott case, and the surrounding community's reaction to the incident. MacDonald herself was raised in the same region, during the same time period as the Truscott case.
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neighbor saw a strange car parked near his fence, apparently with a man and a girl inside, the night the 12-year-old disappeared, and had reported it to the RCAF guardhouse.
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for assessment and he was incarcerated at the Ontario Training School for Boys in Guelph from February 1960 to January 1963. On January 14, 1963, he was transferred to
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followed by submissions in January 1967. That evidence included the testimony of Truscott, who had not testified at the 1959 trial. British pathologist Professor
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only consistent with the guilt of Truscott but were inconsistent with any rational conclusion other than that Steven Truscott was the guilty person.”
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On August 28, 2007, the Court of Appeal acquitted Truscott of the charges. Truscott's defence team had originally asked for a declaration of
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On June 12, shortly after 7:00 p.m., Truscott was taken into custody. At about 2:30 a.m. on June 13, he was charged with
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apologized to Truscott on behalf of the provincial government, stating they were "truly sorry" for the miscarriage of justice.
1176:"Fictional new movie packs 'emotional truth' of Steven Truscott's wrongful conviction for reporter who helped expose the case"
107:
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274:). Two days later, on the afternoon of June 11, searchers discovered her body in a nearby farm woodlot. Harper had been
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579:, was based fully on the Truscott case, though different names were introduced into the plot. Andrew Skidd starred.
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495:. There was hope that this would bring some closure to the case, but no usable DNA was recovered from the remains.
707:) worked tirelessly to clear her husband's name by exposing lies, cover-ups, and police mishandling of the case.
93:
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was denied on February 24. On that date, Truscott did not have an automatic right to appeal to this court.
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playing Truscott in reenactments of both Truscott's original trial and his first Supreme Court appeal.
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dissenting) held that, if Truscott's appeal had been heard by the court, it would have been dismissed.
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Steven Truscott and Harper had been classmates in a combined grades 7/8 class at the Air Vice Marshal
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was appointed by the federal government to review the case. On October 28, 2004, Justice Minister
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Judgments of the Supreme Court of Canada Re: Steven Murray Truscott, S.C.R. 309 Date: 1967-05-04
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Motions and Applications materials related to the 2004 Reference to the Ontario Court of Appeal
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On November 12, 1974, Truscott was relieved of the terms and conditions of his parole by the
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From his arrest until the commutation of his death sentence, Truscott was imprisoned at the
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contended that Truscott and Harper left the County Road before reaching the bridge over the
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On January 21, 1960, Truscott's appeal, put forth by John G. J. O'Driscoll to the
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Cheryl Lynne Harper was born to Leslie and Shirley Harper on August 31, 1946, in
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Truscott's case was the focus of considerable public attention. In early 1966,
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The case was dramatized in a 1993 episode of the CBC drama anthology series
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recorded a song, "Truscott", which referenced the case, on their 2000 album
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revived interest in his case. Together with a subsequent book by journalist
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happened while they were together, have been contentious issues since 1959.
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to file an appeal to have the case reopened. On January 24, 2002, retired
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on June 19, 2006. The five-judge panel, headed by Ontario Chief Justice
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was invited by the Canadian government to review the forensic evidence.
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On April 6, 2006, the body of Lynne Harper was exhumed by order of the
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1051:"A chilly look at life in Antarctica and some warm holiday classics"
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to review whether new evidence would have changed the 1959 verdict.
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Court acquits Truscott, calling conviction 'miscarriage of justice'
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Truscott maintained a low profile until 2000, when an interview on
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After the commutation of his sentence he was transferred to the
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Tom Barrett, "Truscott drama portrays disorder in the court".
783:"Youngest Canadian sentenced to death is cleared in 1959 case"
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from the article and its talk page, especially if potentially
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directed a Reference pursuant to section 696.3(a)(ii) of the
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under an assumed name. He married and raised three children.
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On June 9, 1959, Lynne—then 12 years of age—disappeared near
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The fifth estate: The Steven Truscott Story: Moment of Truth
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https://www.cbc.ca/news2/background/truscott/timeline.html
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In protest of the harsh sentence, notable Canadian writer
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during the summer 2008 season. It was a finalist for the
832:. Canadian Department of Justice. 2004. Archived from
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The 1975 film, directed by Murray Markowitz, called
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On September 16, Truscott's trial began in the then
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Governor General's Award for English-language drama
1037:"Victim's family stunned by Truscott compensation"
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511:that Lynne died at the time stated by the Crown.
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462:Association in Defence of the Wrongly Convicted
435:At the Ontario Court of Appeal: 2001–2007
1088:"Host's on-air tear hastens end of Seven Days"
996:"Court acquits Steven Truscott in 1959 murder"
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351:. An application for leave to appeal to the
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703:) case and how his wife Marlene Truscott (
343:was dismissed. Immediately afterwards the
56:about living persons that is unsourced or
1151:"Innocence Lost: New play hits Studio 58"
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745:"Steven Truscott: The search for justice"
514:Truscott's conviction was brought to the
324:; an appeal on that order was dismissed.
320:. On June 30, Truscott was ordered to be
127:Learn how and when to remove this message
699:tells the story of the Steven Truscott (
859:Forty Years of Murder: An Autobiography
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1380:Prisoners sentenced to death by Canada
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1375:People wrongfully convicted of murder
1345:Canadian prisoners sentenced to death
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641:. The president, already a critic of
722:List of miscarriage of justice cases
649:, was also fired over the incident.
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1370:People wrongfully convicted of rape
826:"Kaufman Report: Executive Summary"
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419:On May 4, 1967, the Supreme Court (
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998:. CTV. August 2007. Archived from
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214:(September 30, 1959), commuted to
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1199:CBC News Indepth: Steven Truscott
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1120:Host's on-air tear hastens end of
951:Tyler, Tracey (August 29, 2007).
1355:Overturned convictions in Canada
1096:. March 20, 1966. Archived from
941:Julian Sher, Until You Are Dead.
717:Overturned convictions in Canada
347:commuted Truscott's sentence to
270:(roughly 80 kilometers north of
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1259:convictions of murder in Canada
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1076:Requiem for a Fourteen-Year-Old
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606:Requiem for a Fourteen-Year-Old
397:At the Supreme Court: the 1960s
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1149:Blats, Karly (12 March 2014).
971:"Truscott (Re), 2007 ONCA 575"
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443:'s investigative news program
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892:"Can science clear Truscott?"
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262:, an air force base south of
953:"Truscott acquittal weighed"
557:Attorney General of Ontario
408:The Trial of Steven Truscott
314:under the provisions of the
181:Conviction overturned (2007)
34:biography of a living person
7:
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533:Court of Appeal for Ontario
528:Court of Appeal for Ontario
516:Court of Appeal for Ontario
489:Attorney General of Ontario
482:Court of Appeal for Ontario
341:Court of Appeal for Ontario
61:must be removed immediately
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1360:People acquitted of murder
168:, British Columbia, Canada
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1124:, Retrieved on 2008-03-20
1039:. CBC News. July 8, 2008.
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751:. CBC News. July 7, 2008
634:This Hour Has Seven Days
576:Recommendation for Mercy
359:Incarceration and parole
329:Supreme Court of Ontario
317:Juvenile Delinquents Act
16:Canadian man (born 1945)
1214:The Huron Historic Gaol
491:, in order to test for
353:Supreme Court of Canada
1219:9 January 2016 at the
918:"Steven Truscott Case"
671:Blyth Festival Theatre
593:The Way the Crow Flies
531:into a hearing of the
522:and including Justice
456:On November 28, 2001,
229:Steven Murray Truscott
48:Please help by adding
1365:People from Vancouver
391:National Parole Board
372:Kingston Penitentiary
282:with her own blouse.
1309:Bill Mullins-Johnson
1184:. December 12, 2020.
1139:, February 20, 1993.
975:www.ontariocourts.ca
345:Government of Canada
260:RCAF Station Clinton
54:Contentious material
1269:Donald Marshall Jr.
618:The Days in Between
611:Canadian rock band
584:Ann-Marie MacDonald
312:first-degree murder
861:. London: Harrap.
771:Until You Are Dead
251:, Bible class and
218:(January 22, 1960)
1327:
1326:
1026:, August 28, 2008
787:The Seattle Times
749:CBC News In Depth
655:Scales of Justice
552:factual innocence
403:Isabel LeBourdais
365:Huron County Gaol
349:life imprisonment
322:tried as an adult
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76:"Steven Truscott"
37:needs additional
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627:, co-host of a
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266:in what is now
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1193:External links
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1100:on Apr 7, 2008
1093:CBC Television
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1057:. Dec 11, 2014
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693:The 2020 film
675:Blyth, Ontario
667:Innocence Lost
665:A play called
660:Zachary Ansley
647:Patrick Watson
604:wrote a poem,
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559:Michael Bryant
441:CBC Television
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1304:Greg Parsons
1273:
1181:Toronto Star
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1170:
1158:. Retrieved
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1102:. Retrieved
1098:the original
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1000:the original
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900:. Retrieved
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838:. Retrieved
834:the original
830:Fred Kaufman
829:
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791:. Retrieved
789:. 2007-08-29
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470:Fred Kaufman
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43:verification
36:
1340:1945 births
1055:thestar.com
896:thestar.com
631:news show,
451:Julian Sher
376:Collins Bay
253:Girl Guides
1334:Categories
1122:Seven Days
1006:2007-08-28
959:. Toronto.
840:2007-06-04
793:2022-03-30
728:References
643:Seven Days
613:Blue Rodeo
508:entomology
499:Blow flies
405:argued in
155:1945-01-18
87:newspapers
701:Greg Bryk
690:in 2014.
688:Studio 58
280:strangled
166:Vancouver
117:July 2017
39:citations
1257:Wrongful
1217:Archived
1160:30 March
957:The Star
857:(1978).
755:June 13,
711:See also
468:Justice
460:led the
333:Goderich
268:Vanastra
65:libelous
1104:18 July
1061:Mar 29,
980:Mar 29,
902:Mar 29,
806:Kaufman
696:Marlene
658:, with
503:maggots
480:to the
421:Hall J.
101:scholar
1020:CBC.ca
865:
590:novel
466:Quebec
384:Guelph
272:London
233:hanged
201:Murder
103:
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89:
82:
74:
295:Crown
276:raped
108:JSTOR
94:books
32:This
1162:2014
1106:2023
1063:2020
982:2020
904:2020
863:ISBN
757:2014
588:2003
149:Born
80:news
41:for
686:'s
673:in
629:CBC
586:'s
331:in
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