Ottawa raises worries over commission cost

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This article was published 08/02/2022 (954 days ago), so information in it may no longer be current.

OTTAWA — After pledging to meet David Milgaard’s calls for an independent commission to review wrongful convictions, the federal Liberals are warning costs could limit the ambitious recommendations put forward by two former judges.

“Some of (the proposals) are going to be less feasible because they cost more, or they cost too much,” Justice Minister David Lametti told the Free Press. “There’s always going to be that balancing of policy objective versus budgetary possibilities.”

Lametti was speaking in his first interview since Ottawa released a report it has ordered, on how to form what would be called a Miscarriages of Justice Commission.

The Trudeau government promised in 2019 to create an independent body that would bring Canada in line with other countries.

Yet, advocates have complained the process is taking too long, with dozens in prison who have seen no movement on their requests for a review since the Liberals made that promise.

“That’s not justice; that’s just wrong. They’re being held hostage by the Canadian justice system,” said Milgaard, the Winnipeg man who served 23 years in prison for a 1969 murder in Saskatoon he didn’t commit.

Currently, people who believe they’re wrongfully convicted must exhaust all appeals, and then find volunteers to research their case and file an application with a review panel that is controlled by the federal Justice Department — which often oversaw the wrongful prosecution of the person now asking for a review.

Last March, the Liberals commissioned two retried judges, one Black and the other Indigenous, to consult and propose what a commission would look like.

The ex-judges submitted their report in November 2021, which Ottawa published last week.

It calls for an independent body that would have final say over whether to reverse a criminal conviction, instead of requiring final sign-off from the justice minister.

“That’s the most important point; that (body) has to have that autonomy,” said Milgaard.

Yet, Lametti’s not yet sure whether he’ll end up still having final sign off.

“I have to look at how the mechanics work, how the various component parts will fit together. But I’m committed to the general principle of an independent review commission — and that necessarily means there is less power for the minister,” the minister said.

The 200-page report calls for an agency that has teeth to sanction lawyers and others found to have been negligent in their duties resulting in someone being wrongfully sent to jail.

The judges call for adequate mental health supports for the wrongfully convicted, as well as standards outlining adequate compensation.

The commission would gather data about trends in wrongful conviction, and advocate for policy changes that can prevent future cases.

Notably, the body would have funding to proactively reach out and review cases, instead of leaving people at the mercy of advocates or expensive lawyers — both which the former judges argue are harder for racialized people to access.

The non-profit Innocence Canada has 10 cases in front of federal officials awaiting decisions, and 90 more in the works, some of whom have been waiting for 15 years.

“In some of those cases, not only do they have the wrong person but they’re letting the actual perpetrator go around committing any kind of harm,” said Ron Dalton, the group’s co-chairman.

His group only deals with homicide convictions, as they don’t have the resources to help people who say they’ve been wrongfully jailed for rape, robbery or even fraud.

“There needs to be a better way,” said Dalton, who was wrongfully convicted of murdering his wife in Newfoundland and spent eight years in prison.

Lametti said he’s similarly upset with the current process, arguing the current system takes too long to send cases to his office for final approval to reverse a conviction.

“I want our system to work as best as possible, so I do want to get this done, and it is so important to me personally,” he said.

Lametti said he wants to launch the commission before his term as justice minister expires, which could be anytime up until October 2025, but is most likely spring 2023, given the typical length of minority parliaments.

Ruth van Vierzen, an Ontario marketing consultant with no ties to a wrongful conviction, has been co-leading a working group with Milgaard, after feeling indignant about cases she’s read about.

She noted Canadians from all regions and social classes are wrongfully in jail.

“You can be wrongfully convicted and it (is) that same, painfully slow process of proving your innocence,” said van Vierzen. “While the government is dragging its feet, more innocent people are languishing in prison, and not in small numbers.”

dylan.robertson@freepress.mb.ca