Today, the Honourable Arif Virani, Minister of Justice and Attorney General of Canada, announced that David and Joyce Milgaard's Law, which establishes a new, independent commission to review potential wrongful convictions, received Royal Assent on December 17, 2024.
Canadians have seen the devastating impact of wrongful convictions on people like David Milgaard, who served 23 years in jail for a crime he did not commit, and their families. David and Joyce Milgaard's Law was named to honour the advocacy of David 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.
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.
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. We know that these communities are overrepresented in the criminal justice system, yet there have been extremely few miscarriages of justice identified from within them.
An independent 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.
The Government of Canada will work quickly to launch the Miscarriage of Justice Review Commission so it can begin reviewing cases as soon as possible.
