Wrongful conviction for double murder overturned, new family court rules, and Delta Hospice Society medical assistance in dying

This week on Legally Speaking with Michael Mulligan:

In 1983 Tomas Yebes was convicted by a Vancouver jury of murdering his two adopted sons, ages 6 and 7. The conviction was upheld by the BC Court of Appeal and the Supreme Court of Canada.

Now, at the age of 77, after having spent a decade in jail, and 26 years on parole, thanks to work by the UBC Innocence Project, he has been acquitted. 

The two boys died as a result of a fire in their bedroom. The original conviction was based on an incorrect expert opinion that the boys had died of an unknown cause before the fire started. 

When he was sentenced, in 1983, Mr. Yebes turned to the prosecutor and said “I also realize you are doing your job, and although I know you have made a mistake, I hold no animosity. To my friends, they believe me. I beg them not to lose their faith because the truth will come out. I am innocent.” 

Section 696.1 of the Criminal Code permits the Minister of Justice to order a new trial for someone who has exhausted their appeals where they are “satisfied there is a reasonable basis to conclude a miscarriage of justice likely occurred.” 

Based on the evidence and submission of the UBC Innocence Project the Minister of Justice agreed that this test had been met and ordered a new trial. The Provincial Crown then agreed that Mr. Yebes should be found not guilty and called no evidence at his new trial.

Also discussed on the show are changes to the Provincial Court Family Rules in Victoria and Surrey, which will require parenting education, mediation, and a meeting with a family justice counsellor before many family law cases go to court. 

The hope is that more disputes can be resolved on a consensual basis, with the assistance of mediation and other services, rather than needing to proceed to court. 

Finally, a Court of Appeal case involving the Delta Hospice Society is discussed.

The board of directors of the Delta Hospice Society is opposed to medical assistance in dying and was attempting to amend the constitution of the society to turn it into a “Christian community that furthers biblical principles,” including the sanctity of life. 

To accomplish this, the board of directors was denying memberships in the society to people that didn’t agree with their proposal in order to prevent them from voting. 

The Court of Appeal upheld a decision by a Chambers Judge that the board of directors didn’t have the authority to deny memberships in the society for this reason.

Because virtually all of the funding for the Delta Hospice Society is provided by the province of British Columbia, and because medically assisted dying was legalized in 2016, it could lose its funding unless these services are made available on-site.

Follow this link for a transcript of the episode and links to the cases discussed.