Opinion: Lametti gets Wrongful Convictions Commission mostly right. While imperfect in some ways, the commission represents a giant leap forward for a justice system too often tarnished by wrongful convictions.
Bill C-40 was introduced the same week the University of Toronto’s Canadian Registry of Wrongful Convictions was unveiled. Sifting through decades of musty court records and media reports, the registry contains information on 83 Canadian miscarriages of justice — no doubt, a number that only hints at the magnitude of the problem.
The proposed commission will be empowered to reconsider any criminal conviction, not just homicides, and thoroughly investigate wrongful conviction claims using robust powers to compel testimony and documents. Its commissioners will also have the power to directly refer potential wrongful convictions for review by appellate courts without government approval.
The greatest threat that faces the proposed Miscarriages of Justice Commission is almost certain to be financial. With no built-in mechanism to guarantee its continued fiscal well-being, the commission could all too easily be reduced to a shell by future governments bent on budget-slashing. Underfunding has already proved to be the central weakness of similar commissions in New Zealand and the United Kingdom.
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