David and Joyce Milgaard's Law receives Royal Assent, establishing new, independent Miscarriage of Justice Review Commission Français

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Department of Justice Canada

Dec 18, 2024, 10:49 ET

OTTAWA, ON, Dec. 18, 2024 /CNW/ - Today, the Honourable Arif Virani, Minister of Justice and Attorney General of Canada, announced that David and Joyce Milgaard's Law, which establishes a new, independent commission to review potential wrongful convictions, received Royal Assent on December 17, 2024.  

Canadians have seen the devastating impact of wrongful convictions on people like David Milgaard, who served 23 years in jail for a crime he did not commit, and their families. David and Joyce Milgaard's Law was named to honour the advocacy of David and his mother, Joyce, who never gave up on proving his innocence. Upon being exonerated, David dedicated the rest of his life to advocating for others who had been wrongfully convicted.

Under David and Joyce Milgaard's Law, the current ministerial review process will be replaced with a new, independent commission that will be easier, faster, more fair, and more supportive of potentially wrongfully convicted people, communities, and victims of crime. 

While rare, miscarriages of justice do occur and can be discovered after criminal court processes conclude. Evidence suggests that the current system has been failing to identify and address potential wrongful convictions of Indigenous peoples, women, and members of racialized or marginalized communities. We know that these communities are overrepresented in the criminal justice system, yet there have been extremely few miscarriages of justice identified from within them.

An independent commission will help to address systemic barriers and provide supports, making it easier and faster for potentially wrongly convicted people to have their cases reviewed. It will also make sure that victims of crime are well informed and supported throughout the process.

The Government of Canada will work quickly to launch the Miscarriage of Justice Review Commission so it can begin reviewing cases as soon as possible.  

Quotes

"The adoption of David and Joyce Milgaard's Law is a significant step toward making Canada's justice system fairer and more equitable. The creation of an independent commission to review possible miscarriages of justice will build greater trust in our justice system and help right historic wrongs. It will also help broaden access to justice for people the existing process did not reach, particularly Indigenous people and Black Canadians who are overrepresented in our prisons. Most importantly, the changes made by this law will help give people their lives back."

The Honourable Arif Virani, P.C., M.P. 
Minister of Justice and Attorney General of Canada

"All of us at Innocence Canada are delighted by the passage of David and Joyce Milgaard's Law which creates a new and independent body of experts to address future claims of wrongful conviction. Justice Minister Arif Virani and his predecessor, David Lametti, deserve great credit for this ground-breaking legislation which will make for an enormous improvement to our criminal justice system."

Innocence Canada

"My mother and brother fought so long and hard for this day. While they are no longer with us, I am glad I am here to see this legislation passed. It is the best Christmas present ever! The work of great people like James Lockyer and Innocence Canada is not enough. We need this commission up and running as soon as possible to help the wrongfully convicted people who are unfairly in prison right now and who need your help."

Susan Milgaard

Quick Facts

  • The new independent commission will not be an alternative to the courts. In general, applicants will first need to exhaust their rights of appeal before requesting a miscarriage of justice review by the commission.
  • The commission will not decide whether an applicant is guilty or innocent. Rather, if the commission decides a miscarriage of justice may have occurred and it 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.
  • The commission will have a dedicated victim services coordinator position to support victims and assist with the development of procedural policies, especially as it relates to victim notification and participation in a manner consistent with the Canadian Victims Bill of Rights.
  • Establishing an independent commission responds to calls from stakeholders and advocates for the wrongly 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.
  • With the passage of Bill C-40, other important milestones necessary to create the independent commission can begin, such as the appointment of commissioners.
  • 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.

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SOURCE Department of Justice Canada

For more information, media may contact: Chantalle Aubertin, Deputy Director of Communications, Office of the Minister of Justice and Attorney General of Canada, 613-992-6568, [email protected]; Media Relations: Department of Justice Canada, 613-957-4207, [email protected]

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