QUESTION PERIOD — Justice
Miscarriage of Justice Review Commission
October 21, 2026
Senator Moreau, in 1935, Daniel P. Sampson, an African-Canadian veteran, was executed in Nova Scotia for a crime that new evidence suggests he did not commit. Daniel’s family seeks a posthumous review of his unjust conviction and consequent baseless execution.
Almost two years after Royal Assent of Bill C-40, the government has yet to establish the Miscarriage of Justice Review Commission.
As the then-Minister of Justice wrote to the Senate, the commission will take a “proactive and systemic approach,” with a “departure from past experiences of systemic violence, racism and misogyny,” which means that Black and Indigenous Peoples are overrepresented in prisons yet vastly under-represented — with women virtually invisible — among successful exonerations.
Other than designating Winnipeg as its headquarters, what concrete steps has the government actually taken to establish the commission?
It is a very important issue. Thank you for raising the question.
The Criminal Conviction Review Group is a very small unit. Therefore, it does not have a specific programming or policy to address the under-representation of different groups in the applications. The Minister of Justice’s powers to review a criminal conviction for miscarriages of justice has a long history, having been established in 1892, but the review group has noticed an increase in applications in recent years from women, Indigenous, Black and racialized people. Of the 20 wrongful conviction remedies issued in the past 10 years, 7 have been for Indigenous people, 2 of whom were women, and 1 was for a racialized applicant.
Thank you for that information, but it actually doesn’t help us to know when the commission will be formed.
Mr. Sampson’s family has waited 90 years for justice. Odelia and Nerissa Quewezance have waited more than 30 years in prison and four years for a decision from the minister, and they are now awaiting court proceedings.
How much longer will they and countless other Black and Indigenous Peoples have to wait? When will the commissioners be appointed? Are there any other impediments to the commission being operational this fiscal year?
Thank you, senator. The creation of this important commission takes time and requires careful consideration, but the government is committed to establishing it as soon as possible. I think the Minister of Justice was here to reiterate that will.
I can tell you that the government is currently working on identifying and appointing a suitable chief commissioner as an important step forward toward full implementation of the commission.
