The New Miscarriage of Justice Review Commission

 David Milgard’s story is one of the worst miscarriages of justice known to Canadian law. Wrongfully convicted of first degree-murder in 1970, David Milgard spent 23 years in prison for the rape and murder of Gail Miller, a nurse from Saskatoon, Saskatchewan. When David was finally exonerated, DNA and other evidence revealed that Larry Fisher, a prolific sex offender, was responsible for the crime.

Throughout David’s time in custody, his mother, Joyce Milgard, maintained a steadfast belief in her son’s innocence. Her advocacy for the rights of wrongfully convicted played a key role in the establishment of the Miscarriage of Justice Review Commission, which will replace the existing system for identifying wrongful convictions.

The Current Structure  

Under the current structure, after someone has exhausted all of their rights to appeal, they may apply to the Minister of Justice to review their conviction. If the Minister of Justice finds that a miscarriage of justice “likely” occurred, they can order a new trial or an appeal. Once the matter is returned to the courts for a trial or an appeal, the judge will re-consider whether the evidence establishes the applicant’s guilt beyond a reasonable doubt 

This approach has faced criticism for several reasons. Firstly, with the Minister of Justice acting as the decision-maker, the government is responsible for reviewing its own actions to determine whether a miscarriage of justice has occurred. This raises concerns about the fairness of the current system. Secondly, statistics indicate that the existing system is not effectively identifying potential wrongful convictions, particularly among groups that are overrepresented in the criminal justice system, such as Indigenous peoples, women, and members of racialized or marginalized communities. Advocates and policymakers are concerned that these individuals are being overlooked and that the current system is failing to address wrongful convictions. 

https://criminalappeals.net/the-new-miscarriage-of-justice-review-commission.html