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A man who has spent 33 years behind bars for four murders was granted bail Friday after concerns were raised earlier this year about the fairness of his initial trial.
Daniel Jolivet was in tears as Quebec Superior Court Justice Lyne Décarie announced Friday at the Montreal courthouse that he would be released from prison pending the outcome of a federal review into a possible miscarriage of justice.
Jolivet, who has steadfastly proclaimed his innocence, shed more tears as he spoke to reporters after leaving the courthouse in the evening, saying “the fight is not over.” He said he hopes for a swift review and decision from the federal government.
Jolivet, 68, was asked whether he saw his release as an early Christmas gift, after his granddaughter made that suggestion earlier in the day.
“It’s not a gift that they gave to me,” Jolivet said. “The judge — she set me free on bail, but what gift is there after 33 years there? You should have given me that gift in the first week when I was saying I’m innocent, and you didn’t believe me.”
Décarie told Jolivet her decision would have a significant impact, adding she had never seen such a “robust” release plan, which gave her hope.
“Reintegration into society will not be easy after so many years of incarceration. Things have changed a lot in 33 years, but you are fortunate to have many people who support you and are there to help you,” Décarie said.
A one-day bail hearing was held this week, during which Jolivet’s lawyer outlined a release plan. The Crown said it did not oppose his release.
After decades pleading innocence regarding murders committed in 1992 and exhausting every legal avenue, Daniel Jolivet has reason to be hopeful. A Quebec Crown prosecutor has re-analyzed evidence presented during his trial and obtained since, and has concluded a miscarriage of justice may have been committed.
Seeking bail became possible in October, when the federal government announced there were reasonable grounds to believe a miscarriage of justice may have occurred. The Justice Department’s criminal conviction review group will now investigate.
In June, the Quebec Crown wrote to Jolivet’s lawyer saying it had reviewed the case and found reasonable grounds to conclude Jolivet did not receive a fair and equitable trial, and that key pieces of evidence were not disclosed to the defence.
Jolivet was convicted in 1994 of two counts of first-degree murder and two counts of second-degree murder in Brossard, Que., south of Montreal, in the November 1992 shooting deaths of two men and two women.
He initially succeeded in having the verdict overturned on appeal, but the Supreme Court of Canada reinstated the convictions in 2000. Jolivet made multiple attempts to have the case reviewed by the federal justice minister, but was denied until this year’s letter from Quebec prosecutors.
Judge speaks to families of victims
Décarie also addressed the families of the victims, acknowledging the decision would be difficult as they await a final ruling from Ottawa.
“I can only encourage those in charge of the investigation to act as quickly as possible, without making any promises,” she said.
After the ruling, Jolivet’s lawyer, Nicholas St-Jacques, said his client will finally be able to “breathe outside” after more than three decades in prison.
“For Mr. Jolivet, he’ll have a real life — a life with people he loves, and the ability to enjoy the small things we all enjoy every day,” St-Jacques said.
St-Jacques said he has worked on the case for 17 years. “This is probably the best day of my career,” he added.
Prosecutor Lina Thériault said both the Crown and defence consented to Jolivet’s release pending the review.
St-Jacques said the federal review could take between 18 months and five years.
