A qualitative study of the issues that govern the compensation process for wrongful convictions

Compensation for wrongful convictions in Canada is an ad hoc process that must be reformed. Once exonerated, wrongfully convicted persons deserve reasonable and expeditious compensation awards for the miscarriage of justice that they have suffered. This study involves the use of two qualitative methods to investigate the compensation process for wrongful convictions in Canada. First, a review of archival records was performed based on the examination of a number of wrongful conviction cases, along with assessments of the compensation recommendations from the seven Commissions of Inquiry into wrongful convictions in five Canadian provinces. Second, in-depth interviews were conducted with prominent legal and government experts on compensation for wrongful convictions. This study provides a forum for continued exploration of this societal problem, with the objectives of heightening awareness of its nature and scope and proposing recommendations for an improved compensation scheme.