This new law establishes an independent Miscarriage of Justice Review Commission
The Minister of Justice and Attorney General of Canada, Arif Virani, announced that David and Joyce Milgaard’s Law, which addresses wrongful convictions, received royal assent on December 17.
Named in honour of David Milgaard and his mother, Joyce, the law recognizes their efforts to prove David’s innocence after he was wrongfully convicted and served 23 years in prison. Upon his exoneration, David became a staunch advocate for others who were unjustly imprisoned, a cause Joyce supported throughout her life.
This new law replaces the ministerial review process with an independent Miscarriage of Justice Review Commission. The commission aims to provide a faster, fairer, and more supportive process for identifying and addressing wrongful convictions.
The legislation seeks to address systemic inequities, particularly the underrepresentation of wrongful conviction cases involving Indigenous peoples, women, and racialized communities. The justice minister noted that despite being overrepresented in Canada’s criminal justice system, these groups have rarely had their cases reviewed for potential miscarriages of justice.
“While rare, miscarriages of justice do occur and can be discovered after criminal court processes conclude,” Minister Virani said in a press release. “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.”
The commission will focus on removing barriers that previously hindered access to reviews, providing better support for affected individuals and their communities, and ensuring victims of crime are kept informed and supported throughout the process.
The government plans to expedite the establishment of the Miscarriage of Justice Review Commission so it can begin reviewing cases promptly.
“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,” said a spokesperson from the justice advocacy group Innocence Canada.
David Milgaard’s sister, Susan, also expressed her gratitude. “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.”
