A conversation with the Honourable Harry Laforme about Bill C-40 and the need for an effective Miscarriage of Justice Commission

Appointed: A Canadian Senator Bringing Margins to the Centre

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On this episode of Appointed, Kim speaks with the Honourable Harry Laforme about the importance of ensuring independence, authority and resources in order to ensure the new commission can effectively consider wrongful convictions. Informed by the report he and the Honourable Juanita Westmoreland-Traoré authored, as well as the one they inspired about 12 Indigenous women, they discuss the findings and significance of the government's decision to exclude key recommendations in Bill C-40, the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law).

As Bill C-40 is being considered by the Senate, Kim and Justice Laforme discuss the imperatives of redressing systemic discrimination, especially for Indigenous women, and the challenges of achieving this important objective via the current version of Bill C-40. They underscore the importance of creating proactive, independent, and systemic approaches to addressing miscarriages of justice, consistent with the report and model proposed by Justices Laforme and Westmoreland-Traoré.
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A Miscarriage of Justice Commission Report can be read here

Injustices and Miscarriages of Justice Experienced by 12 Indigenous Women report can be read online here

Conviction Integrity: The Canadian Miscarriages of Justice Commission by Carrie Leonetti, University of Auckland can be found here

The brief submitted by the Hon. Harry Laforme, Hon. Juanita Westmoreland-Traoré, and Kent Roach to the House of Commons Standing Committee on Justice and Human Rights can be found here

Native Women's Association of Canada's submission to the House of Commons Standing Committee on Justice and Human Rights can be found here

Submission of the Canadian Association of Elizabeth Fry Societies can be read here

University of British Columbia’s Innocence Project brief can be read here
BILL C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews) is accessible here

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