OTTAWA – David and Joyce Milgaard’s Law [Bill C-40] received Royal Assent on Dec. 17, and the Milgaard family says “It is the best Christmas present ever.”
Under David and Joyce Milgaard’s Law, the current ministerial review process will be replaced with a new, independent commission that will be easier, faster, more fair, and more supportive of potentially wrongfully convicted people, communities, and victims of crime.
“My mother and brother fought so long and hard for this day,” Susan Milgaard said in a statement to media. “While they are no longer with us, I am glad I am here to see this legislation passed. It is the best Christmas present ever. The work of great people like James Lockyer and Innocence Canada is not enough. We need this commission up and running as soon as possible to help the wrongfully convicted people who are unfairly in prison right now and who need your help.”
For years, David Milgaard had advocated for the independent Criminal Case Review Commission to make it easier and faster for wrongfully convicted people to have their applications reviewed and to get out of prison.
“All of us at Innocence Canada are delighted by the passage of David and Joyce Milgaard’s Law which creates a new and independent body of experts to address future claims of wrongful conviction,” said Innocence Canada. “Justice Minister Arif 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 new independent commission will not be an alternative to the courts. Applicants will first need to exhaust their rights of appeal before requesting a miscarriage of justice review by the commission.
The commission won’t decide whether a person is guilty or innocent. Instead, if the commission decides a miscarriage of justice may have occurred, it will order a new trial or new appeal. Only the courts have the power to overturn a conviction.
Arif Virani, Minister of Justice and Attorney General of Canada, said the federal government will work quickly to launch the Miscarriage of Justice Review Commission so it can begin reviewing cases as soon as possible.
David Milgaard didn’t live to see the results of his hard work but his family told SaskToday previously that he was with them in spirit.
“I think that’s amazing,” said Robert Milgaard – David Milgaard’s son – in a phone interview after last year’s announcement of the new law. “That is everything he fought for and I’m really glad to see that. He’s smiling at that right now, too.”
