Frequently Asked Questions

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Who can I talk to about my case?

It can take a long time for the Case Review Process to start and be completed. If you need to contact Innocence Canada, please do so through Win Wahrer, Director of Client Services, by email at wwahrer@innocencecanada.com, or by phone
at 416-504-7500 ext. 5.

If I submit an application, does this mean Innocence Canada is my lawyer?

No. Innocence Canada does not provide direct legal services. Once you have submitted your application, it will be placed on a wait list until it can go through the preliminary review process. Please note that given the volume of applications, your case will likely be on the wait list for at least two years before the review process begins.

If you need a lawyer, please contact your provincial law society or legal aid.

Is the information Innocence Canada receives about my case confidential?

Yes. All information received by Innocence Canada is kept confidential and cannot be disclosed to anyone without your consent. Innocence Canada can share information with other people and agencies involved in the case review process if you consent and sign an authorization form.

When does Innocence Canada change the status of a case from “Active” to “Inactive”?

Once a person is convicted of a criminal offence, it is exceptionally difficult to overturn the conviction. At any stage of the case review, if it appears to Innocence Canada that there is no likelihood of finding new and significant evidence to support innocence, a decision will be made to change the status of the case from “Active” to “Inactive”. This means that Innocence Canada will not take any further steps in the case. But if new and important information that may support your innocence becomes available in the future, Innocence Canada may re-open your case.

The Legal Process of Exoneration

Section 696.1 Application to the Minister of Justice

Innocence Canada operates under Section 696.1 of the Criminal Code, which outlines the process and legal threshold to overturn a wrongful conviction.

Section 696.1 of the Criminal Code gives the federal Minister of Justice the power to review a conviction to determine whether there is a reasonable basis to conclude that the person is likely the victim of a miscarriage of justice. The section allows a person who believes they were a victim of a miscarriage of justice to apply to the Minister of Justice to have their case reviewed. This is an “extraordinary” remedy. For an application to be successful it must be supported by new matters of significance. A new matter of significant is information that was not available at the time of trial and is relevant, credible, and could likely have affected the verdict at the time of trial.

What happens once my application goes to the Minister of Justice?

The Criminal Conviction Review Group will undertake a review of your application and undergo their own investigation. Once their investigation is complete, they make a recommendation to the Minister of Justice on the merits of your case.

The Minister of Justice has three options. One option is that they can dismiss your application. If that happens, no further steps will be taken on your case by Innocence Canada.

If your application is successful, the Minister can either order a new trial or a new appeal in the province in which you were initially convicted. Innocence Canada will then represent you at that trial or the new appeal. In some cases, the Crown may agree not to continue with your case, and you will no longer be convicted of that offence.