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. The new commission would replace the current ministerial review process. Under the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law), the new commission would review, investigate, and decide which criminal cases should be returned to the justice system due to a potential miscarriage of justice.
All people in Canada must have confidence that the justice system is there to protect them and that it can be trusted. While rare, miscarriages of justices sometimes occur and can be discovered long after the criminal court process has concluded. In addition, Indigenous peoples, Black persons, and members of marginalized communities are overrepresented in the criminal justice system and can face greater challenges in navigating it.
Establishing an independent commission would make it easier and faster for potentially wrongfully convicted individuals to have their cases reviewed. The commission would remove barriers to access, for Indigenous peoples, Black persons, and members of marginalized communities. Addressing miscarriages of justice more quickly will help mitigate the devastating impact they have on the potentially wrongfully convicted person, their family, victims, and improve access to the justice system.
The independent commission would review miscarriage of justice applications and decide whether to grant a remedy, such as ordering a new trial or new appeal. These applications would no longer be decided by the Minister of Justice.
