Letter from NDP Justice Critic to Minister of Justice

Honourable Rob Nicholson
Minister of Justice and Attorney General of Canada
Room 105 East Block
House of Commons
Ottawa, ON
K1A 0A6

December 2, 2010

Dear Minister Nicholson,

I am writing concerning the case of John Moore an aboriginal Canadian convicted of a 2nd degree murder in 1978 under s. 21(2) of the Criminal Code a section which as you are no doubt aware, s.21(2) was ruled unconstitutional in R. v. Vaillancourt.

At the time of Mr. Moore's conviction there existed a pattern of prosecution of First Nations as well as absence of representation on judicial panels which would now be ruled offensive to the Charter. Given the same set of circumstances today any objective observer would determine that he would not be charged, much less convicted of 2^nd degree murder.

Since his release from prison in 1989, Mr. Moore has continued to bear the burden and stigma of his conviction. He must still report to a parole officer, more than 30 years after his conviction and 20 years after his release from prison. The unique set of circumstances surrounding the case as well as the glaring injustice of his conviction cries out for clemency.

I would therefore ask you to investigate the matter and as is the Crown's prerogative under sections 748 and 749 of the Criminal Code, grant a full pardon to Mr. Moore.

Thank you for your prompt attention to this matter.

Yours truly,


Joe Comartin, MP
Windsor-Tecumseh

JJC/grh
CEP 232