Case Summary
Steven Kaminski was convicted of sexual assault in September 1992 and sentenced to 7 years in prison. His conviction pertained to an incident the previous year at the Ghostpine Lake Resort near Red Deer, Alberta.1 Kaminski, a chef, had a sexual encounter with another staff member employed there as a cleaner, which he always maintained was consensual.2 A few weeks after the incident, the complainant went to a party where an RCMP officer was also in attendance. She told the officer that Kaminski had assaulted her. Police then opened an investigation, led by RCMP Cst. Einarson.3
At Kaminski’s trial, the Crown’s case relied on the complainant’s testimony that Kaminski had sexually assaulted her.4 Upon his conviction, the Crown successfully applied to have him designated as a Dangerous Offender – meaning that he could be subject to indefinite detention – because he had two prior convictions for sexual assault. (The Criminal Code restricts this designation to persons convicted of at least three “serious personal injury” offences.)5 In 1994, Kaminski’s appeal of his conviction was dismissed by the Alberta Court of Appeal.6
In 1995, the complainant told an RCMP officer that Cst. Einarson had “sexually assaulted her three times, while investigating Mr. Kaminski.”7 She later recanted this allegation, stating that she had “chose[n] to have sex with the officer to get information on the case and get him to put more effort into the investigation.”8 Cst. Einarson was disciplined for breaching the RCMP Code of Conduct. No public record of these proceedings has been found; however, no matter what findings were made regarding the complainant, this outcome indicates that the lead officer committed professional misconduct in connection with the Kaminski investigation.9
The Crown wrote to Kaminski in January 1996 to inform him of these developments. He promptly prepared an application to the Minister of Justice to review his conviction and determine if there had been a miscarriage of justice (in accordance with Section 690, now 696, of the Criminal Code). He filed his application that summer.10
Kaminski’s request was eventually granted – but not until 2003, a full seven years since he had applied. On January 27, 2003, the Minister of Justice quashed Kaminski’s conviction and ordered a new trial. Later that year, the Alberta Justice Department chose not to proceed with a retrial, having concluded that there was no reasonable prospect of conviction, and stayed the proceedings against Kaminski.11
Kaminski had already been released from prison – back in 1999, after serving the entirety of his seven-year sentence for sexual assault. He had been denied parole because he continued to maintain his innocence.12
Later in 2003, Kaminski filed a civil suit against the federal government, Cst. Einarson, and the complainant. In 2006, he entered into a settlement agreement with the RCMP for $2.2 million in compensation for his wrongful conviction.13
[1] Tracey Tyler, “Accused man left in limbo in bid for truth” (30 December 2002), The Toronto Star: A08 [Tyler 2002].
[2] Ibid.; Canadian Press, “Alberta man’s suit claims he was wrongfully jailed for sexual assault” (6 December 2003), Canadian Press NewsWire: n/a [Canadian Press].
[3] Dawn Walton, “Alberta man’s suit claims wrongful rape conviction” (6 December 2003), The Globe and Mail, online: <https://www.theglobeandmail.com/news/national/alberta-mans-suit-claims-wrongful-rape-conviction/article1048809/> (accessed 21 January 2023) [Walton].
[4] Ibid.
[5] Ibid.; Criminal Code, R.S.C., 1985, c. C-46, ss. 752-753.01 [Criminal Code].
[6] Walton, supra note 3.
[7] Ibid.
[8] Ibid.
[9] Canadian Press, supra note 2; RCMP Code of Conduct available at “Member conduct”, RCMP, online: <https://www.rcmp-grc.gc.ca/en/member-conduct> (accessed 22 January 2023).
[10] Tracey Tyler, “Minister orders new trial for convicted man” (28 January 2003), The Toronto Star: A19 [Tyler 2003]; Walton, supra note 3; Criminal Code, supra note 5 at s. 696.
[11] Kirk Makin, “Other appeals” (29 October 2004), The Globe and Mail, online: <https://www.theglobeandmail.com/news/national/other-appeals/article18276088/> (accessed 21 January 2023); Department of Justice Canada, Applications for Ministerial Review – Miscarriages of Justice: Annual Report 2009, Minister of Justice, Communications Branch – Department of Justice (Ottawa, Canada), online: <https://publications.gc.ca/collections/collection_2018/jus/J1-3-2009-eng.pdf> (accessed 19 January 2023) at p. 10.
[12] Walton, supra note 3; Tyler 2003, supra note 10.
[13] Walton, supra note 3; Gabrielle Giroday & Bruce Owen, “Kyle Unger acquitted of teen’s 1990 slaying” (23 October 2009), online: <https://www.winnipegfreepress.com/breakingnews/2009/10/23/unger-acquitted> (accessed 22 January 2023).