Case Review Process
Our legal team and Case Review Committee carefully assess applications that meet our eligibility criteria, re-investigating cases to find new evidence to support claims of innocence. We work with forensic experts, private investigators, and specialists to uncover miscarriages of justice.
What To Expect
Once we receive an application that meets our Eligibility criteria, it is added to our waiting list. Due to the high volume of cases and the time required for thorough review, we cannot begin working on cases immediately. This process can take several years, and applicants will be notified when their case review begins.
Case Review Doesn’t Guarantee Adoption
If we are unable to identify new evidence or legal avenues to pursue, we may decide not to move forward with the case. However, every application is taken seriously, and we remain committed to advocating for the wrongfully convicted.
How It Works
Intake & waitlist
Once an application is received, an intake assessment will be made to determine whether the case meets our criteria. If so, the case will be moved to our waitlist. Staff lawyers will then reach out to parties that may have case material such as trial and/or appeal counsel, the courts, and the Crown, asking them to preserve materials until Innocence Canada can review your case.
waitlist
Preliminary review
Once a case moves from the waitlist to the active list, a preliminary review begins. The purpose of the preliminary review is to obtain all necessary and relevant information about a case to determine if there is a reasonable likelihood of finding new and significant evidence of innocence.
At this first stage, Innocence Canada will try to obtain all necessary information from lawyers, the Crown, the Court and any other parties that may have information or materials.
Innocence Canada’s staff lawyers will review the case and decide whether we can continue with the review. If new and significant information about your innocence is identified, or there is a reasonable path toward obtaining new information, the case will continue to a full review. If not, it will be declared inactive, and no further work will be done on the case.
review
Full review & investigation
At this stage, Innocence Canada has decided that new and significant information may be found to support a case. A lawyer will be assigned to review the case. They will assess all information gathered to date and recommend investigative steps. The investigative plan will be discussed with the Case Review Committee and decisions will be made about the plan and any other steps recommended by the Committee. Investigative steps that have been approved will then be taken.
Once all information has been reviewed and investigative avenues exhausted, the lawyer will form an opinion about whether the case meets the criteria in the Criminal Code and if so, will recommend to the Case Review Committee that Innocence Canada file an application to the Minister of Justice on behalf of the applicant.
investigation
Adoption of a case
The Case Review Committee will consider the results of the review, the investigative plan, and the recommendation of the lawyer assigned to a case and will decide whether there is sufficient new evidence to support an application to the Minister of Justice.
If there is sufficient new and significant evidence, then Innocence Canada will adopt the case and support the preparation of the application to the Minister of Justice.
At any stage in the case review process, it may not be possible to find fresh evidence supporting innocence, even after significant effort and investigation. In these circumstances, a decision will be made to change the status of the case from “Active’’ to “Inactive”.
a case
Intake & Waitlist
Once an application is received, an intake assessment will be made to determine whether the case meets our criteria. If so, the case will be moved to our waitlist. Staff lawyers will then reach out to parties that may have case material such as trial and/or appeal counsel, the courts, and the Crown, asking them to preserve materials until Innocence Canada can review the case.
Preliminary review
Once a case moves from the waitlist to the active list, a preliminary review begins. The purpose of the preliminary review is to obtain all necessary and relevant information about a case to determine if there is a reasonable likelihood of finding new and significant evidence of innocence.
At this first stage, Innocence Canada will try to obtain all necessary information from lawyers, the Crown, the Court and any other parties that may have information or materials.
Innocence Canada’s staff lawyers will review the case and decide whether we can continue with the review. If new and significant information about innocence is identified, or there is a reasonable path toward obtaining new information, the case will continue to a full review. If not, it will be declared inactive, and no further work will be done on the case.
Full review & investigation
At this stage, Innocence Canada has decided that new and significant information may be found to support a case. A lawyer will be assigned to review the case. They will assess all information gathered to date and recommend investigative steps. The investigative plan will be discussed with the Case Review Committee and decisions will be made about the plan and any other steps recommended by the Committee. Investigative steps that have been approved will then be taken.
Once all information has been reviewed and investigative avenues exhausted, the lawyer will form an opinion about whether the case meets the criteria in the Criminal Code and if so, will recommend to the Case Review Committee that Innocence Canada file an application to the Minister of Justice on behalf of the applicant.
Preliminary Review
Once a case moves from the waitlist to the active list, a preliminary review begins. The purpose of the preliminary review is to obtain all necessary and relevant information about a case to determine if there is a reasonable likelihood of finding new and significant evidence of innocence.
At this first stage, Innocence Canada will try to obtain all necessary information from lawyers, the Crown, the Court and any other parties that may have information or materials.
Innocence Canada’s staff lawyers will review the case and decide whether we can continue with the review. If new and significant information about your innocence is identified, or there is a reasonable path toward obtaining new information, the case will continue to a full review. If not, it will be declared inactive, and no further work will be done on the case.