QUESTION PERIOD — Justice
Miscarriage of Justice Review Commission
October 21, 2026
Senator Moreau, it has been generally acknowledged that the bulk of advocacy work on behalf of wrongfully convicted people in Canada is conducted pro bono by groups such as Innocence Canada and Projet Innocence Québec. What specific resources will be made available to wrongfully convicted people as they seek to exonerate themselves under the new Miscarriage of Justice Review Commission?
Thank you, Senator Bernard. As you know, unfortunately, I cannot comment on future budgetary or spending decisions of the government.
I would also like to acknowledge the important work that Innocence Canada and Projet Innocence Québec conduct, both as legal counsel and as pro bono advocates for justice reform.
As you may know, the Department of Justice Canada does not provide ongoing operations funding to Innocence Canada or Projet Innocence Québec. In terms of general support, however, the Department of Justice Canada operates a variety of funding programs to which pro bono groups can apply, though none are specifically targeted at addressing wrongful convictions, and there are specific criteria for the types of activities that can be funded by the Department of Justice Canada.
Senator Moreau, it cannot be forgotten that when a person is exonerated for a wrongful conviction, this often results in significant uncertainty and additional trauma for victims of crime, who may not necessarily receive an answer from the justice system as to who caused the harm they, their families or friends have suffered.
What specific supports and resources will be made available to victims of crime who are unnecessarily retraumatized as the result of —
Thank you, Senator Bernard.
First, I want to underline that the government recognizes the profound and lasting impacts that violent crimes and miscarriages of justice can have.
I have been informed that the Miscarriage of Justice Review Commission will have a dedicated victim services coordinator position to support victims. The coordinator will also assist with the development of procedural policies with a specific mandate that attends to notifications for victims and ensures participation in the process is consistent —
Thank you, Senator Moreau.
Senator Moreau, Bill C-40, the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law), establishes an independent commission with a mandate that includes informing the public of miscarriages of justice and supporting applicants in need.
In light of the findings of the retired justices, the Honourable Harry LaForme and the Honourable Juanita Westmoreland-Traoré, which helped inform the legislation, what specific measures will the government take to address the under-representation of women, Indigenous, Black and other racialized people among those seeking redress through the anticipated Miscarriage of Justice Review Commission?
As I mentioned in response to Senator Pate’s question, the Criminal Conviction Review Group is a very small unit, and that is the reason why it does not have specific programming or policy to address the under-representation of different groups in the application. All the current resources of the review group are dedicated to general case review.
As I mentioned, of the 20 wrongful conviction remedies issued in the past 10 years, 7 have been for Indigenous Peoples, two of whom were women, and 1 for a racialized applicant.
Thank you, senator.
