Frequently Asked Questions (FAQ)

What is a wrongful conviction?

A wrongful conviction occurs when an individual is found guilty of a crime which he/she did not commit.

What is the impact of a wrongful conviction on an individual?

The impact of a wrongful conviction on an individual and their family is devastating, and all aspects of an individual's life are affected through the victimization of a wrongful conviction, including social, emotional, familial, economic, and psychological effects. Although the extent of wrongful convictions in Canada may never be truly realized due to limited data available, many experts contend that particular groups may be overrepresented among the wrongfully convicted, in particular those who are racially or economically marginalized are most prevalent amongst the known statistics.

What is a conviction review?

A conviction review is a formal remedy for a miscarriage of justice and is not meant to be another appeal. Under section 696 of the Criminal Code of Canada, a conviction review is an application for ministerial review on the grounds of a miscarriage of justice. In order to be considered for a review, an individual must have exhausted all their appeals and present new (or fresh) evidence that was not previously considered by the courts but could have affected the outcome if it had been available. After review by the members of the Criminal Conviction Review Group and once the Minister decides a case has merit, he/she will take into account whether the application is supported by material that was not previously considered by the courts and assess the relevance and reliability of information presented in connection with the application. If the Minister believes a miscarriage of justice likely occurred, then the case can be referred back to a court of appeal or the conviction can be overturned.

If I cannot fill out my own application, how can I get some support?

Innocence Ottawa is committed to providing a respectful and flexible approach to submitting an application. Please visit our contact page where our email address is located. Voice your concerns to Innocence Ottawa and a member will respond in a timely manner to discuss an accessibility plan to help with completing the application.  

If I have not filed any appeals, can I still send an application to Innocence Ottawa?

Yes, an application can still be sent to Innocence Ottawa if appeals have not been filed. Each application Innocence Ottawa receives will be carefully assessed, and any decisions made regarding the viability of an application moving forward does not reflect a judgment on your guilt or innocence of the crime. However, to seek a formal remedy for a miscarriage of justice a final judgement on appeal of the findings or verdict must have been rendered.

Can I apply if I am currently in prison?

To submit an application to Innocence Ottawa while currently incarcerated, please contact us via Canada Post or via our email address and request an application be sent to you. Please send this correspondence to Innocence Ottawa, University of Ottawa, Faculty of Social Sciences, Department of Criminology, 120 University Avenue, Room 14002, Ottawa, Ontario, K1N 6N5.

How long does the application review process take?

The length of an application review process can only be assessed on a case-by-case basis, however, most cases take months, if not years. If an applicant is aware of new and significant information that can/may facilitate efforts made by Innocence Ottawa members to investigate claims of innocence that may expedite matters. Information is significant if it is reasonably capable of belief, relevant to the issue of guilt, and could have affected the verdict if it had been presented at trial. Please note that all members of Innocence Ottawa are students or lawyers and are working on the cases we receive on a pro bono basis.

Is there a fee to apply for assistance?

Innocence Ottawa is a pro bono group that seeks to help wrongly convicted Canadians. There are no fees associated with sending an application or for Innocence Ottawa to investigate a claim of innocence.

Do I need a lawyer to apply?

The need for counsel is not required in applying to Innocence Ottawa. However, if you were represented by counsel at trial or on appeal, in order for members of Innocence Ottawa to speak to counsel, you must complete the Waiver of Solicitor-Client Privilege voluntarily granting us permission to discuss any aspect of your case with former counsel while your application is being assessed. 

Can I apply on behalf of someone else?

Ideally, we prefer individuals who are wrongly convicted to apply themselves for help in conviction review. We can speak to family members or friends about your application; however, we require the accused person to voluntarily sign Form No. 2.5 Consent to the Release of Personal Information (available on our website). Once affirmed, other designated persons may communicate with members of Innocence Ottawa personnel in regard to the application submitted. 

Can I reapply if my application is not accepted?

An application may be rejected by Innocence Ottawa if it does not meet our criteria, which involves being innocent of a crime for which the applicant is incarcerated. For example, in the event an applicant is seeking legal assistance for an appeal, or in cases where guilt is admitted (through self-defense), we cannot help. Other ineligible cases include those of sexual assault or when an applicant has been declared a dangerous offender or long-term offender by the courts and is seeking help reviewing this designation. In cases when an application has been accepted by Innocence Ottaa, however, if the avenues of investigation carried out by members over a period of one year do not result in the discovery of fresh evidence, an application may be placed on hold for six months. Provided that the status of your application does not change within that time frame, this may result in a rejection. The decision to reject an application does not reflect a judgment on guilt or innocence, but simply that we are not in a position to assist an applicant. 

How can I volunteer with Innocence Ottawa?

To become part of the team of passionate individuals who are concerned with miscarriages of justice in Canada to address wrongful convictions, please contact Innocence Ottawa at uottawainnproj@gmail.com stating your desire to volunteer with the organization. You may be contacted for further information and selected for an interview.

How can I donate to Innocence Ottawa?

If you wish to donate to Innocence Ottawa, we offer various apparel with our logo, which can be purchased through our website. All monetary donations made to Innocence Ottawa through the purchase of such products are used to aid individuals in preparing and/or filing a review of their conviction with the Criminal Conviction Review Group (CCRG) at the Department of Justice. 

How can I support Innocence Ottawa's work?

Through our Annual General Meeting, Innocence Ottawa invites community members to attend. At these events - generally held in the fall - we present research on a topic related to wrongful convictions and invited exonorees, criminal defense counsel, legal researchers, and others to speak about their experiences. We invite anyone with a desire to support the change needed to assist individuals seeking exonerations to participate in our AGM either in person or virtually. 

Injustice anywhere is a threat to justice everywhere - Martin Luther King Jr.