Justice minister says new wrongful conviction commission will support women, racialized people
The law is named after David Milgaard, who served 23 years in jail for a crime he didn't commit
The federal justice minister says a new commission that will review potential wrongful convictions will help racialized and Indigenous Peoples who are currently overrepresented in the criminal system
Bill C-40, named after David Milgaard and his mother, Joyce, will move the review process for cases away from the justice minister and give it to an independent commission. The government says the new commission will make the process easier, faster and more fair for the potentially wrongfully convicted.
Milgaard, who served 23 years in prison for a crime he didn't commit, supported the legislation, which became law on Tuesday.
Justice Minister Arif Virani said that while wrongful convictions are rare, they impose grave injustices on accused individuals, their families and victims of crime.
He said that over the past 20 years there have been 200 applications arguing wrongful conviction, and 30 cases were eventually overturned.
But none of those cases involved women, and only seven included racialized people, despite their overrepresentation in the criminal justice system.
With the new legislation, those arguing they have been wrongfully convicted will be able to access the money, personnel and tools to help with their cases. Virani said this can help level the playing field.
The government says it will "work quickly" to launch the Miscarriage of Justice Review Commission so it can begin its work as soon as possible, and is beginning to identify potential candidates to fill roles within the new body.