EDMONTON — An Alberta man who spent more than three decades in prison for the death of an Edmonton woman has had his charge stayed, the group representing him announced.
Innocence Canada, a non-profit that advocates against wrongful convictions, said Roy Allan Sobotiak was to appear in court Friday to set a date for his new trial, but learned the Crown Prosecution Service stayed his second-degree murder charge.
In a news release, lawyer James Lockyer said the group was "delighted" by the news. He has previously said Sobotiak has always insisted on his innocence.
“Of all the cases we have worked on, this is by far the longest a wrongly convicted person has been in prison," Lockyer said.
"We wish Mr. Sobotiak all the best and will be there whenever he needs help in the future.”
An Alberta judge in May granted bail for Sobotiak's 1991 life sentence in the 1987 murder of Susan Kaminsky. The 61-year-old's conviction was quashed in February and a new trial was ordered by former federal justice minister Arif Virani.
Court of King's Bench Justice Eric Macklin told court that with the new trial being ordered, Sobotiak was considered legally innocent and must be granted release.
Lockyer said at the time his client was likely to find it difficult adjusting to a world that is much different than when he first went to prison.
Sobotiak was 26 when he was charged with first-degree murder in the killing of Kaminsky. The 34-year-old mother, whose body was never found, disappeared after a night out with friends at a north end pub. She was last seen with Sobotiak.
The trial heard Sobotiak told an undercover officer that he tortured, sexually assaulted, killed and dismembered Kaminsky before disposing of her body in the garbage.
Sobotiak was convicted of second-degree murder. A conviction appeal was dismissed in 1994 and leave to appeal to Canada's top court was denied in 2004. He had been serving his sentence at a federal penitentiary in Alberta.
In February, former federal justice minister Arif Virani quashed Sobotiak's conviction and ordered a new trial, saying a miscarriage of justice "likely occurred."
Months later, lawyers for Alberta Justice Minister Mickey Amery filed a judicial review, arguing in court documents that Virani provided no reasoning why a new trial was warranted.
Government lawyer John-Marc Dubé said in court documents in the spring that the province's attorney general would be responsible for reviewing the evidence to determine if there is a reasonable likelihood of conviction. The attorney general would also need to decide whether a continued prosecution was in the public interest, he said.
"However, without reasons, the Attorney General of Alberta has no discernable way to determine or evaluate the basis of the Minister's finding ... the Attorney General is limited to speculating about the nature of the reasonable grounds to establish the miscarriage of justice occurred," Dubé wrote.
A spokesperson for Amery's office directed comment to the province's Crown prosecution service.
Upon being granted bail, Sobotiak has stayed at an assisted living facility in Fort McMurray. In its statement, Innocence Canada confirmed Sobotiak intends to continue living there.
Katie Clackson from Legal Aid Alberta said there was an "important lesson to be learned" from the case.
"A justice system can go wrong, and when it does, it can do irreparable harm," she said in the Innocence Canada release.
This report by The Canadian Press was first published Aug. 2, 2025.
Aaron Sousa, The Canadian Press
