A picture of David Milgard in 2015 when he was speaking with students at the University of Saskatchewan. (CKOM Staff)

By Nigel Maxwell

Correcting mistakes

New federal commission established to review potential wrongful convictions

Dec 18, 2024 | 5:00 PM

Having spent 23 years in prison for a crime he did not commit, David Milgard dedicated the rest of his life to advocating for others who had been wrongfully convicted.

And that passion has led to the Royal Assent of David and Joyce Milgaard’s Law, which establishes a federal independent commission whose job it will be to review similar cases.

It was named to honour the advocacy of David and his mother, Joyce, who never gave up on proving his innocence. David passed away in May, 2022.

“My mother and brother fought so long and hard for this day. While they are no longer with us, I am glad I am here to see this legislation passed. It is the best Christmas present ever,” Susan Milgaard said in a statement. “The work of great people like James Lockyer and Innocence Canada is not enough. We need this commission up and running as soon as possible to help the wrongfully convicted people who are unfairly in prison right now and who need your help.”

Under David and Joyce Milgaard’s Law, the current ministerial review process will be replaced with a new, independent commission that will be easier, faster, more fair, and more supportive of potentially wrongfully convicted people, communities, and victims of crime.

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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.

During a special speaking engagement in 2015 at the University of Saskatchewan, Milgard then called on the federal government to create independent review boards to get innocent people out of prison faster.

“Our punitive justice model in Canada fails all of us miserably,” he said. “Enough mistakes… No one has the right to disqualify people from life.”

Milgaard also stated the criteria for a review should be reduced, and the boards must have the ability to quickly review evidence so that innocent people “can get out of their cages.” He stressed that the board should consist of members of the public, rather than police.

The Government of Canada has committed to work quickly to launch the Miscarriage of Justice Review Commission. Arif Virani, Minister of Justice and Attorney General of Canada, said in a statement the adoption of this law is a significant step toward making Canada’s justice system fairer and more equitable.

“The creation of an independent commission to review possible miscarriages of justice will build greater trust in our justice system and help right historic wrongs. It will also help broaden access to justice for people the existing process did not reach, particularly Indigenous people and Black Canadians who are overrepresented in our prisons. Most importantly, the changes made by this law will help give people their lives back,” he said.

It’s important to note 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 also 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.

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nigel.maxwell@pattisonmedia.com

On X: @nigelmaxwell