OTTAWA – The federal justice minister says a new commission that will review potential wrongful convictions will help racialized and Indigenous Peoples seek justice who are overrepresented in the criminal justice system.
The law, named after David Milgaard and his mother, Joyce, will move the review process of cases away from the ministers, and will be replaced with an independent commission the government says will make it easier, faster and more fair for the potentially wrongfully convicted.
Milgaard, who served 23 years in jail for a crime he didn’t commit, began advocating for the wrongfully convicted, and supported the legislation which became law on Tuesday.
Justice Minister Arif Virani says while wrongful convictions are rare, their effect on individuals and their families is a grave injustice for themselves and victims.
He says that over the past 20 years there have been 200 applications arguing wrongful conviction, and 30 cases were eventually overturned.
But none of those cases included women, and only seven included racialized people, despite their overrepresentation in the criminal justice system.
With the new legislation, those arguing they have been wrongfully convicted will be able to access the money, personnel and tools to help with their cases, which Virani says can help level the playing field.
The government says it will “work quickly” to launch the Miscarriage of Justice Review Commission so it can begin its work as soon as possible, and is beginning to identify potential candidates to fill roles within the new body.
This report by The Canadian Press was first published Dec. 19, 2024.
