Alberta seeks judicial review after new trial ordered for man convicted of 1987 Edmonton murder
Alberta’s attorney general, Mickey Amery, is pushing for a judicial review after Roy Allan Sobotiak, who was convicted in the murder of an Edmonton woman over 30 years ago, was granted a new trial. The decision to grant Sobotiak a new trial was made by Federal Justice Minister Arif Virani in February, citing reasonable grounds to believe that a “miscarriage of justice likely occurred” in Sobotiak’s case.
Amery contests Virani’s decision and has filed for a judicial review, arguing that the federal minister did not provide any written or substantive reasons to support his findings that a new trial is necessary. Sobotiak has spent more than 35 years in prison for the second-degree murder of 34-year-old Susan Kaminsky, an Edmonton mother who went missing in 1987.
The Federal Department of Justice stated that Virani’s decision to order a new trial was not a judgment on Sobotiak’s guilt or innocence but a move to allow the courts to address new legal issues according to the law. CBC News has reached out to the Department of Justice for comment on Alberta’s request for a judicial review and for more details on why a new trial was deemed necessary.
In his application for a judicial review, Amery points out that Sobotiak was convicted by a jury, all previous appeals were denied, and Virani failed to provide sufficient reasons for concluding that Sobotiak’s conviction was unjust. Amery argues that the minister’s duty of procedural fairness requires him to provide written reasons when ordering a new trial.
Amery emphasizes that the Alberta Crown Prosecution Service needs to understand why Virani believes a new trial is warranted. He insists that the public deserves clear and transparent reasons for the decision to grant a new trial, considering it an extraordinary remedy.
Kaminsky disappeared in 1987 after a night out with friends in Edmonton. Sobotiak, who once knew Kaminsky as a child, was the last person seen with her. He was charged with first-degree murder in 1989, and the main evidence against him was taped statements where he confessed to torturing and killing Kaminsky.
Sobotiak has maintained his innocence and has never been granted parole. Innocence Canada assisted him in applying for a federal review, and he hopes to be a free man soon. However, a Parole Board of Canada decision in 2024 found that his release would pose a risk to society due to substance abuse and mental health issues.
The federal government is working on establishing a new wrongful conviction review body to replace the current ministerial review process, which has been criticized for delays in reviewing cases. Out of 200 applications for wrongful conviction over the past 20 years, only thirty cases have been overturned.
