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| John L. Hill |
The new legislation establishes a more accessible, efficient and equitable system for reviewing potential wrongful convictions. The new commission aims to address systemic barriers that have historically hindered marginalized groups, including Indigenous Peoples, Black Canadians and women, from securing justice. By transitioning from a ministerial review to an independent body, the process is expected to bolster public confidence in the justice system and ensure timely redress for miscarriages of justice.
It is time to ensure that the continued detention or release of offenders is based on law, not political gain. The new commission is designed to operate independently of the Department of Justice, guaranteeing impartiality in its reviews.
Once operational, a full-time chief commissioner and between four and eight full- or part-time commissioners will assess applications. The appointments of commissioners are meant to reflect Canada’s diversity and include individuals from various professional backgrounds, including those with different experiences.
The commission will have the same authority as a public inquiry to compel testimony and evaluate evidence. If it finds that a miscarriage of justice may have occurred and that a proceeding is in the interest of justice, the commission can direct a new trial or refer the case to the appropriate court of appeal.
There is no doubt that the commission’s decisions will have the side effect of identifying bad actors within the justice system. For example, the exoneration of Tammy Marquardt exposed the wrongdoing of Dr. Charles Smith, whose testimony has since been criticized as misleading and, in some cases, as outright lies. Uncovering wrongful convictions will help reveal the ineffective practices that contributed to them. We cannot know with certainty how many people are serving time in jail due to false confessions.
While no one should endure imprisonment due to a wrongful conviction, the harm also affects the friends and families of that individual. As taxpayers, we are bearing the costs of incarcerating people who shouldn’t be behind bars. Worst of all, wrongful convictions undermine our justice system.
As a Canadian interested in the effective functioning of our judicial system, I have previously advocated for those wrongfully convicted, and I will continue to do so in the future. For instance, in my book Acts of Darkness, scheduled for release on July 1, I argue that two men currently serving life sentences for the largest cocaine bust in Canadian history, Vito Buffone and Jeffrey Kompon, were wrongfully convicted. Upon reviewing the trial transcripts and considering what was not presented in court, it is shocking that a jury found these men guilty. I am hopeful that the Miscarriage of Justice Review Commission will act swiftly to grant these men exoneration.
With tariffs and the economy at the forefront, the work of Canada’s justice minister, Sean Fraser, might not initially seem newsworthy. However, the establishment of the new commission could very well be the most memorable accomplishment of Canada’s new federal government.
As of March 2025, significant steps have been taken to operationalize the commission, including the establishment of its headquarters in Winnipeg. The federal government has allocated $83.9 million over five years, along with an ongoing annual budget of $18.7 million, to ensure the commission functions effectively.
The enactment of Bill C-40 marks a significant step forward in Canada’s commitment to justice reform. By establishing an independent body to review wrongful convictions, this legislation seeks to address past injustices and prevent future occurrences, particularly within communities that have been disproportionately affected by systemic biases. Let’s all wish Minister Fraser godspeed.
John L. Hill practised and taught prison law until his retirement. He holds a J.D. from Queen’s and an LL.M. in constitutional law from Osgoode Hall. He is also the author of Pine Box Parole: Terry Fitzsimmons and the Quest to End Solitary Confinement (Durvile & UpRoute Books) and The Rest of the [True Crime] Story (AOS Publishing). The Rest of the [True Crime] Story has been shortlisted for a prestigious Brass Knuckles Award, which is the Crime Writers’ of Canada’s prize for best nonfiction crime book of the year. Contact him at johnlornehill@hotmail.com.
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