Today, the Honourable David Lametti, Minister of Justice and Attorney General of Canada, introduced proposed Criminal Code amendments to establish an independent commission dedicated to reviewing miscarriage of justice applications.

“Wrongful convictions are a matter of deep concern to me, and to many Canadians. Our government believes that a fair and equitable criminal justice system must guard against potential miscarriages of justice. “David and Joyce Milgaard’s Law” is a critical step forward in establishing an independent review process to examine whether a miscarriage of justice may have occurred. An independent commission will help make miscarriage of justice reviews more efficient and make the process truly available to all who want to access it.”

The Honourable David Lametti, P.C., Q.C., M.P.
Minister of Justice and Attorney General of Canada

• The proposed new commission would not be an alternative to the justice system. Applicants would first need to exhaust their rights of appeal before requesting a miscarriage of justice review by the commission.

• The commission would not decide whether an applicant is guilty or innocent. Rather, if the commission decides if a miscarriage of justice may have occurred and is in the interest of justice, it will grant a remedy, such as ordering a new trial or new appeal. Only the courts have the power to overturn a conviction.

• Establishing an independent commission responds to calls from stakeholders and advocates for the wrongfully convicted, and follows the establishment of similar independent commissions in other countries, such as England, Wales and Northern Ireland, Scotland, and New Zealand. The creation of independent commissions in those jurisdictions has led to significantly more applications being made and more wrongful convictions being identified and remedied, compared to Canada.

• In March 2021, the Minister of Justice appointed retired judges Harry LaForme and Juanita Westmoreland-Traoré to hold consultations and provide options on the formation of an independent commission. This included submitting a report to the Minister summarizing the input received during the consultations and providing options on the path forward.

• The current criminal conviction review process is set out in Part XXI.1 (sections 696.1 to 696.6) of the Criminal Code and accompanying regulations.

• The criminal conviction review process was last reformed in 2002 following public consultations, which resulted in changes that clarified the criteria for making an application, provided for subpoena powers, and expanded the reviews to include summary conviction offences.

• These proposed amendments to the Criminal Code are a key step towards establishing an independent commission. The passage of legislation would need to occur before the commission could be established and begin its important work.

Related products

• The proposed Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law)

Associated links

• Minister of Justice and Attorney General of Canada takes important step toward creation of an independent Criminal Case Review Commission
• A Miscarriages of Justice Commission – Report from the Hon. Harry LaForme and the Hon. Juanita Westmoreland-Traoré
• Criminal Conviction Review

For more information, media may contact:

Diana Ebadi
Press Secretary
Office of the Minister of Justice
343-574-3446
Diana.Ebadi@justice.gc.ca     

Media Relations
Department of Justice Canada
613-957-4207
media@justice.gc.ca

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