TORONTO - Ontario's top court says it cannot declare William Mullins-Johnson 'factually innocent' in addition to acquitting him of his niece's death.

In its written decision released today, the Ontario Court of Appeal makes it clear Mullins-Johnson was wrongfully convicted of a crime that clearly never took place.

But the justices say there's no place in the Canadian legal system to declare someone factually innocent.

The court's written decision, following Monday's acquittal in court, says the acquittal effectively re-establishes Mullins-Johnson's legal innocence.

The innocence debate has become a hot one for lawyers and academics as the list of Canada's wrongfully convicted continues to grow.

In Steven Truscott case, his lawyers urged the Appeal Court to go beyond an acquittal and find him factually innocent -- something the court did not do.