BY SIMONE J. SMITH
The work of Innocence Canada, formerly known as the Association in Defence of the Wrongly Convicted (AIDWYC) has made a significant difference on the Canadian legal scene. According to the website: www.innocencecanada.com the organization was launched in February 1993 as an extension of the Justice for Guy Morin Committee, which was established in 1993 after he was wrongfully convicted. AIDWYC received widespread media attention due to the work of Rubin “Hurricane” Carter who served as its founding Executive Director for over ten years. Carter served nineteen years for a wrongful conviction in a New Jersey prison and was subsequently released.
It was in October 2016 that AIDWYC rebranded as Innocence Canada with a new logo adorn with tally marks to coincide with each exoneration. In a press release issued by Innocence Canada on Thursday, December 12th, 2024, details were announced regarding the passage of Bill C-40. It is titled, “The Miscarriage of Justice Act “and is also known as “David and Joyce Milgaard’s Law.”
The press release notes, “It makes drastic changes to the Criminal Code and creates a new tribunal or commission to address all claims of wrongful conviction. It eliminates our present Ministerial Review process that has for more than 100 years been the only resort for the wrongly convicted.”
In the press release, David’s sister, Susan Milgaard states, “My mother and my brother will be looking down on us and celebrating this new law. I am very grateful it is named after them. They did so much to get this law passed, because they were dedicated to the cause of all the innocent people in prison who had no good place to seek justice. Now they will have a place to go.”
James Lockyear of Innocence Canada states, “Today is a great day for all those wrongfully convicted. Innocence Canada has been advocating for this law for more than 30 years. It will bring Canada in line with other countries that already have a similar commission and be a change for the wrongly convicted and the Canadian criminal justice system.”
It was in 2009 that David Milgaard was wrongfully convicted of the murder in the rape and death of Gail Miller. She was a nursing student at the time. Miller spent 23 years in prison as a sentence. However, in 1992 he was freed and found innocent. Since then, Milgard has actively engaged in advocacy for those who are wrongfully convicted and has worked hard for the establishment of an independent to review cases of wrongful convictions.
The fact that David and his mother, Joyce Milgaard are both deceased and not present to celebrate this day is unfortunate. Milgaard’s sister, Susan states, “It didn’t take a village, it took a country to achieve what we have and thank God for Canada because we’ve done it.”
An independent commission will be established to review potential wrongful convictions rather than the Minister of Justice. Arif Virani, Minister of Justice and Attorney General of Canada states, “It is Important that this legislation includes money, personnel, and legal aid funding.”
Ron Dalton of Innocence Canada states, “We’re currently working on 130 cases in our office, and we only have the resources to look at homicide cases.”
A press release was issued on Wednesday, December 18th, by the Department of Justice Canada to highlight the fact that the David and Joyce Milgaard’s Law received royal assent. Innocence Canada states, “All of us at Innocence Canada are delighted by the passage of David and Joyce Melgaard’s Law, which creates a new and independent body of experts to address future claims of wrongful conviction. Justice Minister Arid Virani and his predecessor, David Lametti, deserve great credit for this ground-breaking legislation which will make for an enormous improvement to our criminal justice system.”
The press release outlines some of the purposes of the new independent commission. It notes that it will not be an alternative to the courts. In general, applicants will first need to exhaust their rights of appeal before requesting a miscarriage of justice review by the commission. Furthermore, it “will not decide whether an applicant is guilty, or innocent, and there will be a dedicated victim services coordinator position to support victims and assist with the development of procedural policies especially as it relates to victim notification and participation in a manner consistent with the Canadian Victims Bill of Rights.