Miscarriage of Justice Commission Comes into Force

Summary#

This Order brings parts of the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) — specifically sections 1, 4 and 14 to 18 — into force by fixing the day the Order was made as their coming-into-force day. The Order was made on March 6, 2025 and published in the Canada Gazette on March 26, 2025. It starts the legal steps to create an independent commission to review possible wrongful convictions.

What it does#

• Brings into force the parts of the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) that set up the new commission and related administrative rules.
• Adds a new Part (known as Part XXI.2) to the Criminal Code and makes consequential changes to the Access to Information Act, the Financial Administration Act, the Privacy Act and the Public Service Superannuation Act so the commission fits into the federal public service.
• Creates the basic structure of the commission: one full‑time Chief Commissioner and at least four, up to eight, full‑ or part‑time commissioners, appointed by the Governor in Council (on the Minister of Justice’s recommendation).
• Authorizes the commission to support applicants with public legal education, help with forms and investigation reports, translation and interpretation, and reintegration assistance (for example, housing and food) while reviews proceed.
• Requires the commission to publish decisions and produce annual reports for Parliament.
• Allows implementation actions now (appointments, hiring, office setup, policies and financial systems) so the commission can become operational later. The part of the law that gives the commission the power to actually review convictions (amendments to Part XXI.1 of the Criminal Code) will be brought into force at a later date.
• Notes funding previously proposed: $83.9 million over five years starting in 2023–24, and $18.7 million ongoing.

Who's affected#

• People who believe they were wrongly convicted and their families.
• Indigenous peoples, Black and other racialized Canadians, women and other marginalized groups that evidence suggests have been under‑identified in wrongful‑conviction cases.
• The federal Department of Justice teams currently handling conviction reviews (they will continue reviewing cases until the commission is fully ready).
• Provincial and territorial justice systems, which may face a higher workload if the commission sends more cases back to courts.
• Legal aid services, defence lawyers, and organizations that support people challenging convictions.

Why it matters#

• It creates an independent body focused on finding and fixing wrongful convictions. That could make it faster and easier for people who may have been wrongly convicted to get a fresh review.
• The commission is set up to provide supports (legal help, translation, reintegration aid) that can remove practical barriers for applicants.
• If the commission leads to more applications and more cases returned to courts, it could change how provinces, courts and legal services work with post‑conviction cases.
• Until the commission is fully operational, the existing ministerial review process stays in place.