Justice minister says miscarriage of justice likely occurred in Sask. murder case, orders new appeal

Neressa Quewezance, left and her sister Odelia Quewezance outside of the Court of King's Bench in Yorkton in late 2020. On Thursday, Federal Justice Minister Sean Fraser ordered a new appeal to be heard in their case. (Dayne Patterson/CBC)Social SharingThe federal minister of justice has ordered a new appeal in the case of two sisters who were convicted of murder more than 30 years ago.

The appeal was announced on Thursday, after an "in-depth" review by the ministry that took more than four years and found "reasonable grounds to conclude that a miscarriage of justice likely occurred."

Odelia and Neressa Quewezance, sisters from Keeseekoose First Nation in Saskatchewan, were convicted in 1994 of second-degree murder in the death of Anthony Joseph Dolff, a farmer from Kamsack, Sask.

"My decision does not decide guilt or innocence, as that will rest with the courts," Justice Minister Sean Fraser said in a news release.

"Our responsibility is to make sure Canadians can trust their justice system, and that means, in rare cases, returning cases to the courts for new information to be considered."

The new information was not before the courts at the time of the sisters' trial or appeal, the government said.

In an emailed statement, Odelia Quewezance spoke on behalf of herself and her sister and thanked everyone who has "kept the faith" with them over the years.

"Neressa was 18 when she was arrested and is now 52. I was 21 and am now 55. But we have never stopped fighting," Odelia said.

"Today’s announcement by the minister is encouraging and now we will continue the fight in the Saskatchewan Court of Appeal."

On Feb. 25, 1993, Dollf invited the two young Indigenous girls and their 15-year-old cousin to his home in Kamsack, Sask.

Both girls had attended residential school and were victims of institutionalized violence, their lawyers have said. Dolff had worked at the St. Phillips Residential School on Keeseekoose First Nation.

Events that night led to Dolff's death. The 15-year-old cousin confessed to stabbing him.

Odelia and Neressa were also charged with murder.

"They were held in the Kamsack RCMP detachment for five days, despite a judge's order that they be taken to a detention centre," a news release from Innocence Canada said. "RCMP officers claimed that Odelia and Neressa confessed over five days of questioning to being involved in Mr. Dolff's stabbing."

Both were convicted of second-degree murder after a trial in Yorkton Court of King's Bench.

David Milgaard brought the sisters' cases to Innocence Canada, a non-profit organization that advocates for the exoneration of people who have been wrongly convicted. It filed an application with the justice minister on Dec. 21, 2021, asking for the review.

Hannah Spray works as a reporter and copy editor. She began her journalism career in newspapers, first in her hometown of Meadow Lake, Sask., moving on to Fort St. John, B.C., and then to the Saskatoon StarPhoenix. She joined CBC in 2022. Send story tips confidentially via Signal to HannahSpray.10