Minister of Justice and Attorney General of Canada David Lametti speaks with the media following a cabinet meeting on Parliament Hill in Ottawa on February 25, 2020. A new independent panel that would review claims of wrongful convictions is edging toward reality, as the Liberal government moves forward on one of its campaign promises. Signs of progress toward creating such a board came last week in Ottawa, where Justice Minister David Lametti met with a working group that includes David Milgaard, who spent 23 years in prison for a murder he didn’t commit. THE CANADIAN PRESS/Adrian Wyld

Minister of Justice and Attorney General of Canada David Lametti speaks with the media following a cabinet meeting on Parliament Hill in Ottawa on February 25, 2020. A new independent panel that would review claims of wrongful convictions is edging toward reality, as the Liberal government moves forward on one of its campaign promises. Signs of progress toward creating such a board came last week in Ottawa, where Justice Minister David Lametti met with a working group that includes David Milgaard, who spent 23 years in prison for a murder he didn’t commit. THE CANADIAN PRESS/Adrian Wyld

Creation of wrongful conviction review board edging closer to reality in Canada

Signs of progress toward creating such a board came last week in Ottawa

A new independent panel that would review claims of wrongful convictions is edging toward reality, as the Liberal government moves forward on one of its campaign promises.

Signs of progress toward creating such a board came last week in Ottawa, where Justice Minister David Lametti met with a working group that includes David Milgaard, who spent 23 years in prison for a murder he didn’t commit.

“I very much appreciate the insight and guidance provided by the working group during our meeting,” Lametti said in a statement to The Canadian Press. “It is important for me to hear directly from experts and stakeholders to determine the path forward on this important commitment.”

While Canada enjoys a robust criminal justice system, mistakes do happen. The current remedy lies in a ministerial review process in which only the most obvious system failures are referred back to the courts for a final decision.

READ MORE: Wrongful conviction award for B.C. man capped at $8 million

James Lockyer, a prominent lawyer who chairs the working group, said other countries have an independent commission on which a Canadian version should be modelled.

“The potential for the wrongly convicted of the creating of an independent tribunal is really quite staggering,” Lockyer said. “It would be pretty revolutionary because it would put a fail-safe back end to the criminal justice system for those who’ve been wrongfully convicted, for those who’ve lost their appeals.”

Over the past four decades, the Canadian system has sent 29 cases back to the courts — roughly 0.7 cases a year — but research indicates the actual number of wrongful convictions is likely much higher. Almost all referred cases have seen convictions quashed, as ultimately happened with Milgaard.

By contrast, the British system set up 22 years ago — Scotland has its own — has referred 679 cases to the courts — about 33 a year — and led to 447 quashed convictions, according to latest figures. About one quarter are for the most serious crimes, such as murder.

While Lametti offered few details about how he envisages such a board, among key decisions he will have to make would be the test for referring cases back to the courts. Now, the minister has to be satisfied there’s a “reasonable basis to conclude that a miscarriage of justice likely occurred.”

Lockyer’s group is proposing the test be a “real possibility an Appeal Court would allow the appeal.”

Lametti once served as a law clerk to former Supreme Court justice Peter Cory, who two decades ago led a public inquiry in Manitoba into the Thomas Sophonow case. Sophonow was tried three times and wrongfully convicted twice of killing a teenager. Cory recommended creation of an independent entity to review wrongful-conviction claims.

The minister also noted he had handled the case of Glenn Assoun, a Nova Scotia man who spent 17 years in prison after being wrongly convicted of murder.

“One of my first acts when I was named minister was to carefully review and ultimately order a new trial in the case of Glen Assoun,” Lametti said. “I take my responsibility in this regard very seriously.”

The government will also have to decide on the composition of a commission, although members would likely be appointed by the prime minister. Boards in other countries, for example, comprise about a dozen people, of whom one-third must have substantive legal training and at least two thirds must have experience in the criminal justice system.

The working group also wants at least two Indigenous members, an idea Lockyer said Lametti was more than open to, bilingual ability, and solid lay representation.

“More often than not, in the serious cases, it will be lay people who will have decided on guilt or innocence — the jury,” Lockyer noted.

The working group promised Lametti it would provide a detailed view in the next six to eight weeks of what it believes enabling legislation should look like.

Lockyer, who began advocating for the wrongfully convicted in 1993, said one of his key priorities has been the creation of an independent board — something that finally seems to be in the works.

“I left there feeling really good,” he said of the meeting with Lametti.

Colin Perkel, The Canadian Press


Like us on Facebook and follow us on Twitter.

Law and justice

Just Posted

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Over 5K jabbed at Interior Health mobile COVID-19 vaccine clinics

The clinics have made stops in more than 40 communities since launching last week

Lake Country firefighters made good use of pet respirators they keep on board June 17, 2021. (District of Lake Country)
11 dogs pulled from burning Lake Country home

Home deemed a total loss, cause remains unknown but crews thankful for pet respirators

A search is underway for David Borden in Oyama, since he was last seen Wednesday, June 16. (Contributed)
UPDATE: Missing Lake Country man found

Family thanks Facebook community for sharing photo of missing man

Provincial Health Officer Dr. Bonnie Henry talks about B.C.’s plan to restart the province during a press conference at Legislature in Victoria, Tuesday, May 25, 2021. THE CANADIAN PRESS/Chad Hipolito
Interior Health COVID-19 cases falling slower than the rest of B.C.

More than a third of provincial cases announced Thursday came from the Interior

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

Jeanette Megens
KCR: Volunteering is sharing your story

Kelowna Community Resources shares stories of its volunteers in a weekly column

BC Lions running back John White IV (3) runs with the ball during first quarter CFL football action against the Ottawa Redblacks in Ottawa on Saturday, September 21, 2019. THE CANADIAN PRESS/ Patrick Doyle
BC Lions file trademark for new logo

Canadian Football League team files for new design on June 1

The remains of the Mid-Island Co-op in Whiskey Creek along the Alberni Highway on Friday, June 18, after a blaze the day before devastated the gas station. (Michael Briones photo)
VIDEO: Camper van explosion burns Vancouver Island gas station to the ground

Nine fire departments responded to the incident, no injuries reported

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

The Montreal Police logo is seen in Montreal on Wednesday, July 8, 2020. Some Quebec politicians are calling for an investigation after a video was released that appears to show a Montreal police officer with his leg on a young Black man’s neck during an arrest. THE CANADIAN PRESS/Paul Chiasson
Probe called for after video appearing to show Montreal officer’s knee on Black youth’s neck

Politicians call for investigation after clip evokes memories of George Floyd incident

A vial of AstraZeneca vaccine is seen at a mass COVID-19 vaccination clinic in Calgary, Alta., Thursday, April 22, 2021. The website for a Broadway theatre showing "Springsteen on Broadway" said it would only allow guests "fully vaccinated with an FDA-approved vaccine" β€” Pfizer-BioNTech, Moderna or Johnson & Johnson. THE CANADIAN PRESS/Jeff McIntosh
No Springsteen for you: AstraZeneca not good enough to qualify for Broadway ticket

Victoria area mayor among those unable to attend New York entertainment due to COVID-19 restriction

The crosswalk is at Third Street and Mackenzie and was installed on June 17. (Liam Harrap - Revelstoke Review)
Painting a rainbow: First Pride crosswalk installed in Revelstoke

β€˜It signals to the community that this city is inclusive,’ Mayor Gary Sulz

The BC Ferries’ website is down for the second time in one week from what they say is likely an overwhelming increase in web traffic. (Black Press Media file photo)
Surging web traffic crashes BC Ferries’ site again

Website down for second time this week

Most Read