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Mar 7, 2025

Government of Canada moves closer to establishing the Miscarriage of Justice Review Commission

From: Department of Justice Canada

News release

March 7, 2025 – Ottawa, Ontario – Department of Justice Canada

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.

Quotes

“Today’s announcement is a key milestone in our commitment to a fair and accountable justice system. With the establishment of the Miscarriage of Justice Review Commission in Winnipeg, we are taking a significant step toward ensuring those that have been wrongly convicted have a clear path to justice. We remain steadfast in our efforts to make the Commission fully operational as soon as possible.”

The Honourable Arif Virani, P.C., M.P.
Minister of Justice and Attorney General of Canada 

Quick facts

  • Measures in the law that came into force on March 6, 2025, include sections 1 (short title of the Act), 4 (new Part XXI.2 of the Criminal Code) and 14 to 18 (consequential amendments to other Acts to add reference to the Commission).
  • The new independent Commission will not be an alternative to the courts. In general, applicants will first need to exhaust their rights of appeal before requesting a miscarriage of justice review by the Commission.
  • The Commission will not decide whether an applicant is guilty or innocent. Rather, if the Commission decides a miscarriage of justice may have occurred and it is in the interest of justice, it will grant a remedy, such as ordering a new trial or new appeal. Only the courts have the power to overturn a conviction. 
  • The Commission will have a dedicated victim services coordinator position to support victims and assist with the development of procedural policies, especially as it relates to victim notification and participation in a manner consistent with the Canadian Victims Bill of Rights.
  • Establishing an independent commission responds to calls from stakeholders and advocates for the wrongly convicted and follows the establishment of similar independent commissions in other countries, such as England, Wales and Northern Ireland, Scotland, and New Zealand. The creation of independent commissions in those jurisdictions has led to significantly more applications being made and more wrongful convictions being identified and remedied, compared to Canada.
  • The current criminal conviction review process which will remain in place until the Commission begins operating, is set out in Part XXI.1 (sections 696.1 to 696.6) of the Criminal Code and accompanying regulations. 

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