On May 25, 2026, representatives of Miscarriage of Justice Canada met with officials from the Office of the Minister of Justice and Attorney General of Canada regarding the implementation and operationalization of Canada’s newly created Miscarriage of Justice Review Commission under Bill C-40.
The meeting marks an important milestone in the ongoing effort to ensure that individuals alleging wrongful convictions have access to an independent and accessible review process outside the traditional court system.
Representing Miscarriage of Justice Canada (MJC) at the meeting were:
- Dr. Myles Frederick McLellan, Executive Director
- Dr. Gary Botting, Chair of MJC
The meeting also included participation from Parliamentary Secretary Patricia Lattanzio and members of Minister Sean Fraser’s staff.
Key Developments Discussed
According to information shared during the meeting, the federal government intends to move forward with appointing the proposed Chief Commissioner for the new Miscarriage of Justice Review Commission before the House of Commons rises on June 23, 2026, subject to confirmation by the Privy Council.
MJC was also advised that:
- The remaining commissioner appointments will proceed through a public process;
- MJC will be invited to participate in future implementation discussions following the appointment of the Chief Commissioner; and
- Parliamentary Secretary Patricia Lattanzio invited MJC to propose potential candidates for future commissioner-at-large positions.
Importantly, MJC noted that Parliamentary Secretary Lattanzio appeared genuinely concerned about the many wrongful conviction claimants who remain incarcerated while the Commission continues through the operationalization process.
Why the New Commission Matters
The Miscarriage of Justice Review Commission was created through Bill C-40, formally known as the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law). The legislation replaces the historical system in which wrongful conviction applications were reviewed directly by the federal Minister of Justice. The new Commission is intended to provide an independent review mechanism for individuals asserting wrongful convictions in Canada. For many advocates, this reform represents one of the most significant criminal justice developments in decades.
As Dr. Myles Frederick McLellan stated following the meeting:
“Every month that passes without a fully operational Commission means that individuals asserting wrongful conviction claims remain incarcerated while awaiting access to independent review.”
The Role of Miscarriage of Justice Canada
Miscarriage of Justice Canada was established specifically in anticipation of Bill C-40 coming into force and became operational in September 2025. The organization assists individuals seeking review of alleged wrongful convictions from across Canada. MJC accepts applications involving both homicide and non-homicide offences, including:
- Sexual offences
- Violent offences
- Drug offences
- Other serious criminal matters involving credible claims of wrongful conviction
Since commencing operations, MJC has already received more than 70 applications from individuals across Canada alleging wrongful conviction.
The organization works collaboratively with volunteer legal counsel, academic institutions, Pro Bono Students Canada, Youth for Innocence, and volunteer investigators to assist applicants seeking access to justice.
A Growing National Conversation About Wrongful Convictions
The meeting with federal officials did not occur in isolation. According to MJC, it followed months of sustained advocacy efforts directed toward the federal government regarding the urgent need to operationalize the Commission. These efforts included correspondence with the Office of the Prime Minister, communication with the Minister of Justice, and national media coverage highlighting the growing need for support for individuals alleging wrongful convictions outside the traditional homicide context.
As Chair Gary Botting observed:
“The significance of Bill C-40 extends well beyond legislative reform. It represents recognition by Parliament that wrongful convictions continue to occur in Canada and that independent review mechanisms are essential to maintaining public confidence in the administration of justice.”
For many individuals currently seeking review of their convictions, the operationalization of the Commission cannot come soon enough.