Letter to Justice Minister Sean Fraser, Sept.15, 2026
(click to download the letter)
The Honourable Sean Fraser, P.C., M.P.
Minister of Justice and Attorney General of Canada
House of Commons
Ottawa, Ontario, K1A 0A6
Dear Minister Fraser:
Re: Implementation of the Miscarriage of Justice Review Commission
On behalf of the Canadian Criminal Justice Association (CCJA), I am writing to request a
substantive update concerning the implementation of the Miscarriage of Justice Review
Commission established by Parliament through the David and Joyce Milgaard’s Law.
The enactment of this legislation represented an important commitment by Parliament to create
an independent, accessible and effective mechanism for reviewing potential miscarriages of
justice. It was also the culmination of many years of advocacy by individuals who have
experienced wrongful conviction, their families, members of the legal community, academics,
justice organizations and others concerned with the integrity of Canada’s criminal justice
system.
Nearly two years have now passed since Parliament enacted this legislative scheme. Yet, from
the perspective of organizations and individuals working within the criminal justice community,
there remains little tangible public evidence as to when the Commission will become operational
or what concrete steps have been completed toward its implementation.
That absence of information is becoming increasingly concerning. The legislation was enacted
in recognition that the former ministerial review process required fundamental reform and that
persons asserting a miscarriage of justice should have access to an independent review body.
Until the Commission is operational, however, the central promise of that reform remains
unrealized.
The CCJA therefore respectfully asks the Government of Canada to provide a clear public
update on the implementation process. In particular, it would be helpful to know the present
status of the work required to establish the Commission, including the anticipated timetable for
bringing the relevant provisions fully into force, the appointment of commissioners and senior
leadership, the establishment of staffing and administrative infrastructure, and the date by which
the Commission is expected to begin receiving and reviewing applications.
We recognize that establishing a new independent federal body requires careful work and that
implementation necessarily involves administrative, financial and institutional planning. At the
same time, the importance of this initiative—and the interests of individuals who may be living
with the consequences of a wrongful conviction—make continued uncertainty particularly
difficult to justify.
The CCJA has a broad national membership and works with affiliate organizations and criminal
justice professionals across Canada. We would therefore appreciate receiving an update that
we can share with our members and affiliates, providing some assurance that implementation is
actively progressing and, importantly, an indication of when Canadians can expect the
Commission to become operational.
We respectfully urge the Department to treat completion of this work as a priority. Parliament
has already determined that an independent Miscarriage of Justice Review Commission is
necessary to strengthen confidence in the administration of justice and provide a more effective
avenue for addressing potential wrongful convictions. What is now required is timely
implementation of that legislative commitment.
We would be grateful for your response and for as much specificity as the Department is able to
provide concerning the remaining implementation steps and anticipated operational date.
Thank you for your attention to this important matter.
Yours sincerely,
Irving Kulik
Executive Director
Canadian Criminal Justice Association