Myles McLellan

The Ontario Court of Appeal has released an important decision in McCormack v. Evans, a case that will likely have continuing significance for civil claims involving police investigations, Charter-based arguments, and allegations of malicious prosecution arising from criminal investigations. The decision, released today, confirms the considerable evidentiary burden faced by plaintiffs seeking damages against police […]

Wrongful convictions are rarely the result of a single mistake. Instead, they typically arise from a combination of factors that interact in ways that obscure the truth. One of the most well-documented causes is eyewitness misidentification. Research has consistently shown that human memory is fallible, particularly under stressful conditions. Factors such as poor lighting, cross-racial

The formal launch of Miscarriage of Justice Canada (MJC) marks a significant and timely development in the Canadian legal landscape. Established in response to longstanding gaps in access to justice for individuals claiming wrongful conviction, MJC has emerged as a national organization dedicated to identifying, reviewing, and advancing credible claims of miscarriage of justice across

The enactment of Bill C-40 marks a significant development in Canada’s approach to wrongful convictions. By establishing the Miscarriage of Justice Review Commission (MJRC), the federal government has signalled a commitment to improving how claims of wrongful conviction are assessed and addressed. Under the previous framework, applications for conviction review were handled by the federal

Public discourse around wrongful convictions in Canada has historically focused on homicide cases. While these cases are undeniably important, they represent only a portion of a much larger issue. A significant number of wrongful convictions arise from non-homicide offences—cases that receive far less attention and support. Non-homicide wrongful convictions include offences such as sexual assault,

A miscarriage of justice represents one of the most serious failures within any legal system. It occurs when an individual is wrongly convicted, when due process is compromised, or when systemic errors prevent the truth from emerging. While public perception often treats these cases as rare anomalies, the reality is far more concerning. In Canada,