Kevin MacKinnon was convicted because his defence counsel was so sure that the Crown's circumstantial case would not pass judicial scrutiny that he failed to put forward key alibi evidence. MacKinnon's name was given to police by a criminal who stood to gain from "helping" police -- just one step from a jailhouse snitch.
Kevin Mackinnon is on a hunger strike since June 23 protesting Correctional Service Canada's "excessive use" of involuntary transfers: four in 21 months.
He has been told he will be involuntary transferred to Edmonton.
He went 42 days without food in 2000, after he alleged prison personnel removed computer files and paper documents necessary for his appeal and again in 2003.
MacKinnon says in addition to being moved away from his family, each transfer means his legal and personal property ends up scattered, lost or unaccounted for.
That creates challenges for his ongoing legal proceedings, including federal court cases against CSC.
His lawyer Janan Jarrah said CSC's reasons for transferring MacKinnon are arbitrary and shipping him from one prison to another is bad for his mental health.
MacKinnon's family wants him to stay in Bowden, since they live in the area and are fighting the upcoming move in court.
"They keep bouncing him around," said MacKinnon's sister. "It's very frustrating."
Lawyer Jarrah has recommended the Association in Defence of the Wrongly Convicted (AIDWYC) take on the case for further investigation.
EDMONTON: After a month of persistent efforts by Kevin MacKinnon to defend the Right to Appeal and to Appeal without interference or hindrance; the Edmonton Institution has moved to deprive him of all his legal material.
While the institution admits everyone has the Right to Appeal; it has now eliminated the very material MacKinnon needs, to exercise that Right, from his possession.
After initial placement in 1995, MacKinnon began his sentence at Drumheller institution, where he says he had no interferences with his legal efforts, and that institution respected the Right to Appeal and Rights protecting the associated legal material needed to do so. He says it also did not interfere with his communications or community ties, vital to performing that legal work.
When MacKinnon was transferred to Bowden institution in 1999 due to administrative concerns and to be closer to his daughters and family, he immediately ran into problems and interferences with his protected legal material, there.
Bowden institution first lost a set of his trial transcripts and later actually took and/or destroyed other portions of his legal material. MacKinnon properly used the CSC Redress system to address those unlawful violations and other harassment issues he was made to suffer at the institution. He also contacted several outside offices about this but received no response, or ones which failed to address the issues. The RCMP questionably chose to leave it in the hands of the prison, much like leaving the fox in charge of the henhouse.
It was MacKinnon's open call of accountability upon the Warden Kassen; Chief Correspondence & Visits, Mr. Everett Olsen; CO II, Mr. Gary Maylon; CCO, Mr. Jensen (who at least admits his involvement to the destruction of a portion of MacKinnon's legal material, in writing), for their responsibility of various unlawful acts which ultimately led to the institution overriding MacKinnon's security rating and involuntarily transferring to Edmonton Maximum institution, where he is now.
Immediately upon arriving at Edmonton, on Oct 4 th, MacKinnon made it very clear to all staff whom he came in contact with, how important it was he have his legal material and computer to continue his various legal efforts and related work.
His legal works includes institutional grievances, a civil matter, an application to Federal Court regarding Bowden and the transfer. Meeting the demands of various agencies and people helping him; and, of course, with his wrongful conviction appeal work.
To date, no legal material or his computer has been provided to MacKinnon. Instead, Mr. Edmond Howard, (chief of prisoner properties at Edmonton), chose to pressure MacKinnon's mother. Bringing her to tears with concern and worry by going behind MacKinnon's back and coercing her with looming threats of its actual destruction.
On November 1 st , she rushed up from just north of Calgary to pick up what personal and legal material remained after it had been seized, thoroughly searched and read by the institution.
MacKinnon never provided consent for this. Until a video and inventory is done, it is unclear to what extent there may be missing exhibits, grievances or other legal material. However, it is clear some are already missing.
After she arrived at the institution, it became clear this bums-rush by the institution may well have been due to an investigator scheduled to see MacKinnon the next day, about being kept from his legal material.
By it not being at the facility MacKinnon was knowingly prevented from fairly presenting his case, and the investigator from seeing it. The tactic also took away the opportunity from MacKinnon to defend the institution's unfounded allegation he had his "relevant" legal material; likewise opening allegations that his mother is responsible for missing items. Which the institution began making before it was actually gone.
Once the property is out of the prison, regulations do not allow for it to be normally returned. Ironically, MacKinnon was told the legal material could be mailed back in by his lawyer. An intolerable cost. Due to not having the money to hire a lawyer for fair representation, MacKinnon has been forced to do the Appeal work and represent himself.
MacKinnon has maintained his innocence of the 1994 Calgary shooting death of Mr. Laine Berube and stressfully wonders why CSC has consistently been interfering with his legal material for the past year and half. Now suffering having it completely removed from his possession against the lawful Right to have it and use it without hindrance.
Defining its legal limits, Mr. G. Rodrigue of Correctional Service Canada (CSC) Regional Headquarters states in a grievance response that "the roll of CSC is a administer your sentence." Yet; in MacKinnon's case it has overstepped its known bounds, and directly interfered with his Appeal work and legal efforts. Thereby preventing him from completing that work and from being able to bring his appeals to the courts.
His mother's website [defunct] from the wayback machine