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Benoit Proulx was convicted in 1991 of murdering his ex-girlfriend, 19-year-old France Alain.  Alain, a University of Laval student, was shot in the hip near the CHRC radio station in Sainte-Foy.  She died a short time later.  Proulx was a reporter at the station and had been working the night of the murder.  In 1986 the case file was closed as the coroner was unable to establish any contact between Proulx and Alain on the night of the murder.

Subsequently, Proulx launched a defamation suit against a radio station and a retired police investigator for comments they made concerning his guilt.  In 1991, in the midst of this suit, the suit defendants advised the prosecution of a potential new witness.  The witness claimed that after seeing Proulx's photo in the newspaper, he recognized Proulx's eyes as being the eyes of a bearded man he saw near the crime scene on the night of the murder.  The witness could not at first formally identify Proulx.  Nevertheless he identified Proulx at trial and Proulx was convicted.  In 1992, the Quebec Court of Appeal quashed the conviction due to serious trial irregularities.  It also noted that the presented evidence was insufficient to support the conviction.  The court entered a verdict of acquittal.

Following his acquittal, Proulx sued the Attorney General of Quebec for malicious prosecution and won a judgment of $1.15 million.  However, the judgment was reversed on appeal.  Proulx was awarded $1.6 million for his wrongful imprisonment.  (IB) (Canadian S.C. Opinions)  [4/08]

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