More than 10,000 Canadians received a medically-assisted death in 2021: report
Quebec Superior Court suspends Bill 96’s translation requirement until constitutionality determined
The Ontario government has given Maggie an ultimatum: the disabled teen can lose her funding or her independence
FBI took 11 sets of classified material from Trump’s Mar-a-Lago home while investigating possible Espionage Act violations (US)
Ontario class action settlement reclassifies volunteers as employees, setting new precedent
Availability of Judicial Review in SABS Disputes
Are masking policies still valid?
Justice Canada releases commission report on impact of lack of legal aid in family law disputes
Harmonized sales tax part of maximum amount of attendant care benefits owed by insurer: court
New rules coming next month to help Canadians with cancelled and delayed flights
Stephen King set to testify for govt in books merger trial (US)
New law program in Quebec to begin next fall, a first in 50 years
The Impact of the Lack of Legal Aid in Family Law Cases
SCC rules that when someone is required by their partner to wear a condom but do not, they could be guilty of sexual assault.
Big Plastic suing feds over single-use ban — again
Tim Hortons offers coffee and doughnut as proposed settlement in class action lawsuit
The SCC has refused to hear the appeal to declare the renewal of the state of health emergency by the Quebec government invalid
Federal privacy commissioner investigating controversial ArriveCAN app
Kraken, a U.S. Crypto Exchange, Is Suspected of Violating Sanctions (US)
Ontario court certifies class action on former patients’ anxiety from notice of risk of infection
The stakes couldn’t be higher as Canada’s top court decides whether to hear climate class action lawsuit
Professor Barnali Choudhury selected by EU as trade and sustainable development expert
The Supreme Court decision on the ‘Ghomeshi’ amendments will help sexual assault victims access justice
AFN Reaches $20 B Final Settlement Agreement to Compensate First Nations Children and Families

A Miscarriages of Justice Commission Report

A report on the creation of an independent commission to consider wrongful conviction applications from the Hon. Harry LaForme and the Hon. Juanita Westmoreland-Traoré.

 
PHOTO: Stock
 
 
 

A report on the creation of an independent commission to consider wrongful conviction applications from the Hon. Harry LaForme and the Hon. Juanita Westmoreland-Traoré

The Honourable David Lametti, Minister of Justice and Attorney General of Canada, asked us to lead public-facing consultations on the creation of an independent commission at arm’s-length from the government to replace the role of the federal Minister of Justice in investigating and deciding whether to refer claims by individuals of miscarriage of justice back to the courts.

Consultations were held from June to September 2021 with interested stakeholders, as well as representatives of criminal case review commissions abroad. Consultations focused on the creation of an independent commission in Canada to consider miscarriage of justice applications. The report summarizes the input received during the consultations on various reform options and provides recommendations on the path forward.

The report was submitted to the Minister of Justice by the Honourable Harry LaForme and the Honourable Juanita Westmoreland-Traoré in November 2021.


“Mistakes happen in the criminal justice system and we need to acknowledge and correct them…These cases are a stain on the collective conscience of Canadians.”

  • Ronald Dalton / Heather MacIvor & Arthur Milnes Canada at 150: Building a Free and Democratic Society (Toronto: LexisNexis, 2017) p. 111

“It takes a lot longer to correct an injustice than to create one.”

  • Maria Shepherd – Heather MacIvor & Arthur Milnes Canada at 150: Building a Free and Democratic Society (Toronto: LexisNexis, 2017) p. 113

“I recommend that, in the future, there should be a completely independent entity established which can effectively, efficiently and quickly review cases in which wrongful conviction is alleged.”

  • Justice Peter Cory in Report of the Inquiry Regarding Thomas Sophonow, 2001.

 

“The answer only rarely lurks in the paperwork. I have always found that whenever you actually meet a prisoner or a witness, or go to the scene of the crime, you discover something new. You are unlikely to get the same result from simply interrogating a database.”

  • David Jessel, former commissioner of the English Criminal Cases Review Commission, as quoted in Carolyn Hoyle and Mai Sato Reason to Doubt: Wrongful Convictions and the Criminal Cases Review Commission (Oxford: Oxford University Press, 2019). p. 265.

“The wrongfully convicted have been failed by the justice system once already. Failing a second time is not negotiable.”

  • David Milgaard, August 11, 2021 Roundtable.
 
 

 
 

The Department of Justice Canada works to ensure that Canada’s justice system is as fair, accessible and efficient as possible. The Department helps the federal government to develop policy and to draft and reform laws as needed. At the same time, it acts as the government’s legal adviser, providing legal counsel and support, and representing the Government of Canada in court.

 
 

 

GOOGLE ADVERTISEMENT

Want direct access to the latest LITN content?

Stay in the loop ➞ Subscribe to LITN instant notifications.
Receive the latest content delivered directly to your device.
Unsubscribe at anytime.

Leave a Reply

Your email address will not be published. Required fields are marked *

I agree to LITN's Terms & Conditions.

Latest News

Subscribe

Join the LITN Newsletter ➞ the latest news delivered to your inbox. Unsubscribe at any time.


GOOGLE ADVERTISEMENT

Instagram Feed