QUESTION PERIOD — Justice
Criminal Conviction Review Group
October 21, 2026
Senator Moreau, it has been two years since we passed the Miscarriage of Justice Review Commission Act, or David and Joyce Milgaard’s Law, which established an arm’s-length body to investigate wrongful convictions. During our study of that bill, it was clear that the proposed body was meant to ensure that these investigations would be conducted in a fair and timely manner.
Can the government please tell us the average time the Criminal Conviction Review Group has taken, over the past 10 years, to complete a preliminary assessment and, when a reasonable basis has been found for determining that a miscarriage of justice has likely occurred, the average time it has taken to investigate applications for a ministerial review?
Thank you, Senator Prosper. It is my understanding that the Criminal Conviction Review Group does not keep official statistics on the average time it takes to complete a preliminary assessment or an investigation. However, I can tell you that, in the last 10 years, the review group observed that files that result in a new trial or appeal can take anywhere from two to four years, with the average approaching four years. On the other hand, preliminary assessments generally require six months to a year to complete, since counsel handles multiple files, but they can take up to two or more years for more complex cases. For your information, there are currently 40 cases in the preliminary assessment stage as of today.
Senator Moreau, what additional resources, if any, is the government providing to the Department of Justice and the six lawyers at the Criminal Conviction Review Group to complete the review process and clear the backlog of cases before the Miscarriage of Justice Review Commission becomes operational?
Thank you, again. The Criminal Conviction Review Group’s yearly budget is approximately $1.5 million. There are currently five — not six — lawyers on staff, one paralegal and three outside agents assigned to specific files. When the commission is operational, the review group will be jurisdictionally barred from working on cases that are still at the preliminary assessment stage, such as the 40 cases that I mentioned earlier.
