Two former judges say new independent commission should be pro-active when looking for possible wrongful convictions
Two former judges who led consultations on the creation of an independent commission to review possible wrongful convictions say the new body must be pro-active and not simply react to applications from people who want to clear their name.
Under the current system, when someone has exhausted avenues of appeal in the courts, they can submit an application under section 696 of the Criminal Code for ministerial review of their case. The current process has failed to provide remedies for women and Indigenous and Black people in the same proportion as they are represented in Canada’s prisons, the two former judges said.
“We believe that the new commission must be pro-active and reach out to potential applicants, including Indigenous people, Black people, women and others who may have reasons to distrust a criminal justice system that had convicted them and denied their appeals. Like New Zealand’s commission, Canada’s body should make its decisions public and have a mandate to examine and research general matters, the report says.
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