Moore is still seeking to clear his name

John has asked me to post some of the many older articles about him and his case, which I will be doing over the next little while. Here is a 2004 column from a former editor of The Sault Star.

Moore is still seeking to clear his name
by Doug Millroy, The Sault Star, p. B2, October 9, 2004.

As we sat in the coffee shop, John Moore's untouched coffee had long gone cold as he slowly passed me, one by one, the papers he hoped would eventually bring some order to his life.

They were to be part of a brief he hoped to present to the federal justice minister in Ottawa sometime within the next few weeks.

Moore, most of you will probably recall, was convicted of second-degree murder in a Sault Ste. Marie court in 1978, even though evidence showed he was not present when Gordon Stevens and Terry Hogan killed 18-year-old cab driver Donald Lanthier in a robbery that netted them $15.

There was only the tenuous claim pushed by the Crown that Moore, because he had associated with Stevens and Hogan earlier in the day, may have or should have known that they planned to commit a robbery.

No one can be convicted under such a law today because it doesn't exist. Found faulty by the Supreme Court of Canada in the 1987 appeal of Yvan Vaillancourt, who was actually at the scene when his accomplice shot and killed a man during a robbery at a pool hall, it has been struck from the books.

Moore, who came from the Cutler-Walford area but was raised mostly in Sault Ste. Marie, has been out of jail for 17 years now, but he is far from free. As a convicted murderer, he will be on parole for the rest of his life.

"If I got into trouble of any kind, I could be sent back," Moore told me, pointing out that the notorious Karla Homolka, convicted with Paul Bernardo in the slaying of Leslie Mahaffy and Kristen Frenchy, won't find herself in a similar position.

"She got 12 years, not life. She's serving it all so there will be no parole," said Moore, who has made his home in Sudbury since his release from prison but who visits his mother in the Sault on a regular basis.

Ordinarily I wouldn't think Moore would have a worry about going back. After all, here is a man who in November of last year foild a robbery he happened upon at a convenience store in Sudbury, the two fleeing robbers droppign their haul of cigarettes when Moore threw a body-block at them.

As well, he has been a model citizen, with lots of letters of support in his brief, including the backing of Sudbury MP Diane Marleau, who has been involved in his case for years.

However, considering what happened in 1978 and again in 1982, how easy it seemed to be for a zealous Crown to convince juries of his guilt, I can understand how Moore would be apprehensive about his future.

I can also understand his frustration at being forced to check in with a parole officer for the rest of his life. In a murder conviction, unjust or not, the debt to society is never deemed to have been paid in full.

Moore ahs been relentless in his efforts to get his case reviewed, but his appeals have long seemed to fall on deaf ears. However, he has taken heart from a December 2002 letter from David McNairn, counsel for the Criminal Conviction Review Group within the Department of Justice.

"I note you have written frequently to the department," McNairn wrote. "Letters alone will not secure a proper consideration of your case. The law is now clear that you must submit a fully completed application and supporting documents. When that is done, we are in a position to conduct a preliminary assessment and consider the merits of your application..."

McNairn also noted that "on July 26, 1991, the Honourable Kim Campbell, then minister of justice, denied your application on the basis that the minister will not grant a remedy under Sec. 690 (now Sections 696.1 to 696.6) of the Criminal Code as a result of a post-conviction change in the law."

Although it comes hard to me as I recall Campbell's earlier and cold dismissal of Joyce Milgaard's appeal on behalf of her son David, who, it eventually turned out, was indeed wrongfully convicted of murder, I suppose I can understand her reasoning. The law is constantly changing; it would be impossible to make it retroactive in every case.

However, having said that, I still believe Campbell should have done something for Moore and for all those who still find themselves in his position. In most other crimes, people would have done their time and moved on. Moore and those like him, bound as they are by parole restrictions, never will.

In regard to McNairn's letter, it took Moore more than six months to put together the required documents because full transcripts of his trials were required, which necessitated some fund-raising. But he is pinning his hopes on his sizeable brief to get a review of his conviction.

McNairn provided the following examples of information that might support a review application:

1. Information that establishes or confirms an alibi.

Moore says he has nine people who will support him on this.

2. The confession of another person to the crime.

Stevens and Hogan both confessed and served 25 years.

3. Information that identifies another person at the scene of the crime.

The convictions of Stevens and Hogan are ample evidence of that.

4. Scientific evidence that points to another person's guilt or supports a claim of innocence.

Nothing here, but shouldn't be required in light of answers in 2 and 3.

5. Proof that important evidence was suppressed.

Nothing here either.

6. Information that shows a witness gave false testimony.

Moore points to Rich Nichols, who was originally a suspect along with him as they had been together most of the day and who testified he was fishing with Moore at the time of the murder. But strangely, Nichols, who probably knew as much about anything involving Stevens and Hogan as Moore, was never tried.

I can understand the justice department requirements because it undoubtedly gets a lot of requests for judicial review. But I'll still always have trouble accepting that something so obviously wrong to me isn't so obviously wrong to others and thus isn't automatically and immediately corrected.

It is a thought Moore, who was 23 when he was convicted, has been living with for more than half his life.

"I'm coming 50, so I hope something happens before I'm too old to enjoy it," he said.

McNairn indicated Moore has one other shot. He could seek a free pardon under Sec. 748 of the Criminal Code. When a person is granted a free pardon, he is deemed to never have committed the offence for which the pardon is granted.

I tis obviously something to be considered, but Moore has had his sights set on clearing his name for so long he won't go down that path until he finds he can go no farther on this one.

He is not seeking compassion; he is seeking justice.

Mini Video Documentary on John's Case

Mini Video Documentary on John's Case

Check out the following two videos, which are a trailer or mini-documentary made about John Moore's case by Ottawa-based filmmaker Samantha Pollock...she using these as a basis to seek funding for a full-length documentary.






The full information from the first of the videos:

The first of two parts to a Trailer/ Mini Doc about Ojibwe man, John Caleb Moore's fight for exoneration.

John Moore was convicted of second degree murder for the death of Sault Ste. Marie taxi driver Donald Lanthier.

He spent 10 years in prison, though it is acknolwedged that he was not present at the scene of the murder and two other men were charged with second and first degree counts of murder for stabbing and strangling Lanthier. John and his supporters believe John's story is one of terrible injustice and example of a long standing systemic issue - institutional racism towards aboriginal people in Canada.

This film was produced, written, edited and filmed by Samantha Pollock. A full length film is in the works.

Thandi Fletcher and Brier Dodge were present during the production of this film, and aided in some of the filming.

Please contact Samantha with any information, interest, or insight into the issues raised in this film, or if you are interested in taking part in the full length production. spolloc2@connect.carleton.ca

Letter Asking For Your Support

(la version francaise suit...)

Justice and Freedom For John Moore
c/o Glenn Thibeault, MP
40 Elm Street
Suite 102a, Rainbow Centre
Sudbury, ON
P3C 1S8


Dear supporters of freedom and justice:


We are calling upon organizations and prominent individuals from across Canada to sign on to the enclosed statement, which calls for a judicial review of the unjust second degree murder conviction of John C. Moore.

John is an Ojibway man from Serpent River First Nation, near Sault Ste. Marie, Ontario. In January, 1979, he was convicted of second degree murder. Yet John was not present when the crime was committed and he played no part whatsoever in planning or executing it. His sole connection to the crime was that he spent time earlier that same day with the two men who did commit it. Over the course of two trials that were steeped in systemic racism, this was deemed sufficient for John to spend ten years in Millhaven Penitentiary. One of the most visible examples of this racism was that John was convicted by an all-white jury, despite the fact that Sault Ste. Marie and its surrounding areas have significant First Nations populations.

In a ruling on another individual's case in 1987, the Supreme Court of Canada declared the law under which John had been convicted to be unconstitutional. No one would be convicted of murder today just because of spending time with murderers earlier on the day that they committed their crime.

Yet to this day, John bears the stigma of a murder conviction. It follows him when he meets new people. It follows him when he needs to seek employment. More than that, his choices and opportunities – not to mention his dignity – are circumscribed by the parole supervision to which he will be forced to submit for the rest of his life if his conviction is not overturned. He must ask permission every time he wishes to leave Sudbury, Ontario, and this seriously limits his freedom of movement and his ability to find meaningful employment.

John has been an active participant in social justice struggles in Sudbury for many years. He remains passionately committed to seeking freedom and justice for himself, for other indigenous people who have been targeted by the justice system, and, indeed, for all people. Justice and Freedom for John Moore is a committee comprised of John and some of his core supporters in Sudbury.

John is ultimately seeking full exoneration, but at the moment his key demand is a review of his conviction by the federal Justice Department. To strengthen that demand, our committee is asking for organizations and prominent individuals from across the country to sign on to the included statement, which recognizes the injustice of John's situation and calls for a review of his conviction.

Please also find a personal statement from John enclosed in this package, a few words in support of John from Glenn Thibeault, NDP Member of Parliament for Sudbury, and a list of organizations and individuals who have already signed on to the statement.

If you wish further information about John's case or would like a speaker on the issue, please send mail to Justice and Freedom For John Moore, c/o Glenn Thibeault, MP, 40 Elm Street, Suite 102a, Rainbow Centre, Sudbury, ON, P3C 1S8. Or you can send us some email at sudburyawo@gmail.com or johnpower1955@hotmail.com.

And once you have all the information you need, please endorse the included statement and support John Moore's quest for justice and freedom and the broader struggle against racism in Canada.

Sincerely

Justice and Freedom for John Moore


Justice et liberté pour John Moore
aux soins de Glenn Thibeault, député
40, rue Elm, suite 102a
Rainbow Centre
Sudbury (Ontario)
P3C1S8

Lettre ouverte aux défenseurs de la justice et la liberté,

Les groupes et les individus bien connus de partout au Canada sont invités à signer la pétition en ligne accessible ici qui réclame une révision judiciaire de la condamnation injuste pour meurtre au 2e degré de John C. Moore.

John est un Ojibwé originaire de la Première Nation de Serpent River, près de Sault Ste Marie en Ontario. Il a été condamné pour meurtre au 2e degré en janvier 1979. Pourtant John n'était même pas là au moment du meurtre et n'a joué absolument aucun rôle dans le crime, ni dans sa conception ni dans sa mise en exécution. Le fait qu'il s'était trouvé plus tôt dans la journée dans la compagnie de ceux qui plus tard commettraient le crime était le seul rapport qu'il avait avec le crime. C'est ce seul contact établi dans le cadre de deux procès imprégnés de racisme systémique qui servait à justifier une peine de 10 ans dans le pénitencier Millhaven. La composition du jury, qui dans les deux procès consistait de jurés blancs seulement, et ce en dépit du nombre important de Premières Nations dans la région de Sault Ste Marie est un exemple des plus visibles du rôle important qu'a joué le racisme dans cette affaire.

Dans une décision rendue en 1987 dans une autre affaire, la Cour suprême du Canada a déclaré inconstitutionnelle la loi en vertu de laquelle John avait été condamné. Personne ne serait trouvé coupable de meurtre de nos jours pour avoir passé du temps avec des criminels plus tôt dans la journée ou ils commettent leur crime.

Pourtant John continue de porter la marque de sa fausse condamnation encore aujourd'hui. Elle est tout le temps là quand il rencontre des gens pour la première fois, quand il cherche un nouvel emploi. Plus qe ça, sans même parler de l'atteinte à sa dignité, ses choix, les occasions qui se présentent à lui sont limitées par des conditions auxquelles il sera tenu de se soumettre pour toujours si sa condamnation n'est pas renversée. Il doit demander à son contrôlleur judiciaire l'autorisation de sortir de la ville de Sudbury, ce qui entrave sérieusement ses déplacements à l'extérieur et ses possibilités d'emploi.

John se fait actif depuis de nombreuses années dans des luttes pour la justice sociale à Sudbury. Il est très passionnément résolu dans sa lutte pour la liberté et la justice pour lui-même et aussi à l'égard d'autres autochtones et non-autochtones faussement accusés par le système judiciaire. Justice et liberté pour John Moore est un comité de soutien regroupant John et un petit nombre des gens de la région qui appuient sa lutte.

Pour John l'objectif ultime est la disculpation. Avant d'arriver là il doit d'abord obtenir une révision de sa condamnation par le ministère de la Justice du Canada. C'est justement ça sa principale demande à l'heure actuelle. Pour appuyer sa demande, le comité de soutien invite des organisations et des individus bien connus de partout au pays à signer la pétition en ligne pour une révision de la déclaration de culpabilité en reconnaissance de l'injustice faite à John.

Vous trouverez dans ce site quelques autres documents susceptibles de vous interesser dont un mot personnel de John, une lettre d'appui du député néo-démocrat de Sudbury, Glenn Thibeault et une liste des groupes et des individus qui ont déjà signé la pétition.

Pour de plus amples renseignements au sujet de la lutte de John ou pour vous informer quant à un conférencier, veuillez écrire au comité de soutien à l'adresse suivante: Justice et liberté pour John Moore, aux soins de Glenn Thibeault, député, 40, rue Elm, suite 102a, Rainbow Centre, Sudbury (Ontario) P3C 1S8. Il est aussi possible de rejoindre les membres du comité en leur écrivant à l'adresse suivante sudburyawo@gmail.com ou encore à Johnpower1955@hotmail.com.

Une fois que vous aurez toute l'information qu'il vous faudra, on vous demande de bien vouloir signer la pétition accessible ici pour appuyer la lutte de John pour la justice et la liberté et, la lutte contre le racisme au Canada en général.

Merci de votre attention.

Justice et liberté pour John Moore

Radio Interview With John Moore

Here is an interview that John did with Jason Knapp on 93.1 CKCU FM early in 2010:

A Message from John Moore

What my unconstitutional second degree murder conviction boils down to be, is an innocent Aboriginal man spending ten years in prison for a murder that he absolutely and unequivocally did not commit! And another 22 years asking the Canadian Government to review my wrongful unconstitutional second degree murder conviction!

Losing everything that was part of my life, my freedom, my dignity, my young family, memories that can never be recovered. Those memories are gone forever! I lost a lot more than anyone can imagine! Among those losses were the deaths of my dad Ira Moore, who was killed in a hit and run accident in Ottawa, the passing of my grandmother Jeannie, the passing of one of my sons, the passing of my sister-in-laws, the passing of a number of Uncles, Aunts and some Cousins and the passing of some very close friends. All these losses happened while I was locked up in prison for a murder that I did not play any part in.

It was also proven beyond a shadow of a doubt, that I was not present when the murder of Mr. Donald Lanthier, the Sault Ste. Marie cab driver was committed!

John C. Moore
An innocent Aboriginal man fighting for justice and freedom in Canada.

A Message from Glenn Thibeault, NDP Member of Parliament for Sudbury

John Moore has been seeking justice since 1978. He has walked a long road since then, from a father of three living in Sault Ste. Marie, and into a prejudiced legal system. The promise of his younger life, as a college graduate, chef and a family man, was washed away when he was convicted for a crime he did not commit.

Enduring a lifetime on parole, John has proven his determination to clear his name. He has worked tirelessly to maintain his faith in the system which failed him, pursuing appeals all the way to the Supreme Court. Since his trial, the law he was convicted under was ruled unconstitutional, and yet his requests for review to successive Federal Ministers of Justice have fallen on deaf ears.

As a native man, John Moore received the same treatment from the Canadian justice system that all aboriginals could expect, when in 1978 an all-white jury ruled on his case in a city surrounded by native communities. Thirty years later, he deserves more from all of us. Please help me find justice for John Moore.

Sincerely,

Glenn Thibeault, MP

Signers So Far

This is a list of organizations and individuals who have signed the statement in support of John. Please get your organization to do the same!

Vous trouverez ci-dessous la liste de groupes et d'individus qui ont déjà signé la pétition en ligne. Demandez à votre organisation de l'endosser aussi.

Organizations/Organisations:

• Aboriginal People's Alliance of Northern Ontario
  
• Sudbury and District Labour Council
  
• Canadian Union of Postal Workers
  
• Ontario Coalition Against Poverty
  
• Sudbury Against War and Occupation
  
• Indigenous Peoples Solidarity Movement -- Ottawa
  
• Ontario Public Interest Research Group Carleton
  
• Laurentian Association of Mature and Part-time Students
  
• Cherish the Language, Inc.
  
• Sudbury First Nations Church
  
• Common Cause Ontario
  
• Le Frigo Vert, Montreal

Individuals in the Sudbury Area/ Individus de la région de Sudbury:

• John Closs, President, Sudbury and District Labour Council
  
• Glenn Thibeault, Member of Parliament, New Democratic Party
  
• John Rimore, Director, John Howard Society of Sudbury
  
• David Sylvestre, former Green Party federal candidate
  
• Will Morin, former First Peoples National Party federal candidate
  
• Rene Fortin, labour activist, Canadian Union of Public Employees (retired)
  
• A.S. McGregor, Professor, Classics, Laurentian University (retired)
  
• Gary Kinsman, Professor, Sociology, Laurentian University
  
• Alexis Shotwell, Professor, Philosophy and English, Laurentian University
  
• Cheryle Partridge, Professor, School of Native Human Services, Laurentian University
  
• Robert Pilotte, deacon, Roman Catholic Church (retired)
  
• Denis Michel, lawyer
  
• Cindy Hatch, owner, Kwick Kopy Printing
  
• Michael Chirka, owner, Kwick Kopy Printing
  
• David Starbuck, labour activist, Ontario Public Service Employees Union
  
• J. Goulet, member, Canadian Union of Postal Workers
  
• Tanya Ball, Myths and Mirrors
  
• Deborah Brideau
  
• Theresa Moore
  
• Bill Kesek
  
• Angela Kesek
  
• Chase Read
  
• Louise Read
  
• Edmund Newton
  
• William Francis Bruhmuller
  
• M. Lorraine Macintyre
  
• James Burke
  
• Clayton Spencer
  
• Thomas Tourville
  
• Clarissa Lassaline
  
• Paul Lavrin
  
• Larry Bouchard
  
• Pierrette Desmoreaux
  
• Rick Desmoreaux
  
• Douglas Millroy
  
• Barbara Millroy
  
• Jody Nadjiwon
  
• Sandra Lautenshalger
  
• Murphy R. Wesley
  
• Chris Dixon
  
• Matthew Sutherland
  
• Karray Sawatis
  
• Ursula Spence
  
• Louise Dube
  
• Joyce Trudeau
  
• Alex Murray
  
• Tania Van Norman
  
• Dawn Graham
  
• Timothy Thomas Folz
  
• Alex dela Morandiere
  
• Connie dela Morandiere
  
• Chris R. Penny
  

Individuals Beyond Sudbury/Individus à l'extérieur de Sudbury:

• Roxanne Dunbar-Ortiz, author and activist, San Francisco
  
• John Clarke, organizer, Ontario Coalition Against Poverty, Toronto
  
• Charles C. Roach, founding member of the Black Action Defence Committee and lawyer, Toronto
  
• Yves Engler, author and activist, Montreal
  
• Jaggi Singh, activist with No One Is Illegal-Montreal and Solidarity Without Borders, Montreal
  
• Joan Kuyek, community organizer and author, Ottawa
  
• Doreen Spence, activist and Cree elder, Calgary
  
• Roger Medahbie, artist, Serpent River First Nation
  
• Dave Bleakney, National Union Representative, Canadian Union of Postal Workers, Ottawa
  
• Marion Pollack, Canadian Union of Postal Workers, National Office, Ottawa
  
• Nelson Ross Laguna, Provincial Representative, Ontario Public Service Employees Union (OPSEU)
  
• Patrizia Gentile, Professor, Women and Gender Studies, Carleton University
  
• Pauline Rankin, Professor, School of Canadian Studies, Carleton University
  
• Michelle Cho, organizer, Urban Alliance on Race Relations, Toronto
  
• Anna Willats, Professor, George Brown College, Toronto
  
• Dee LeComte, broadcaster, Montreal
  
• Francois Guindon, activist, Rights Action Gatineau
  
• Sandra Coffe, journalist and organizers, Canada
  
• David Finkle, artist, Ottawa
  
• John Liss, lawyer, Toronto
  
• Erin Seatter, Calgary
  
• Shelly Bazuik, with Le Frigo Vert, Montreal
  
• Ira Rabinovitch, Toronto
  
• Melanie Robitaille, Toronto
  
• Caelie Frampton, Vancouver
  
• Al Robinson, Ottawa
  
• Paul Chislett, Windsor
  
• Kyle Porter, Toronto
  
• Kate Chung, Toronto
  
• Debra Smith Joy, Naples, Florida
  
• Jon Bullick
  
• Kevin Clarkson
  
• Antonio Menchells

(Unless otherwise indicated, the organizational affiliations of individuals who have signed onto this statement are presented for the purposes of identification only and do not necessarily indicate that any position has been taken by the organization.

(Sauf indication contraire, le nom de groupe suivant le nom de l'individu sert uniquement à établir l'identité et n'indique pas une position prise par le groupe en question).