Canada Nears Miscarriage Of Justice Commission
Today, the Honourable Arif Virani, Minister of Justice and Attorney General of Canada, announced that important measures to establish the Miscarriage of Justice Review Commission are now in effect. Minister Virani also announced Winnipeg as the location for the Commission’s headquarters.
The Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) received royal assent in December 2024, allowing the creation of a new, independent commission to replace the existing ministerial review process for wrongful convictions. The law honours the advocacy of David Milgaard, who served 23 years in jail for a crime he did not commit, 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.
The coming into force of the new Part XXI.2 of the Criminal Code is a key milestone to establish the new Commission and allow other steps to follow, such as the appointment of commissioners, the development of procedures and policies, the hiring of staff and setting up operational systems.
Once the Commission becomes fully operational, independent commissioners will review, investigate and decide which criminal cases should be returned to the justice system due to a potential wrongful conviction, while the ministerial process will begin to wind down.
The Miscarriage of Justice Review 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.
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. These communities are overrepresented in the criminal justice system, yet there have been extremely few miscarriages of justice identified from within them.
https://www.canada.ca/en/department-justice/news/2025/03/government-of-canada-moves-closer-to-establishing-the-miscarriage-of-justice-review-commission.html