David Milgaard - Supreme Court of Canada Reference and Subsequent Events

Supreme Court of Canada Reference and Subsequent Events

The federal government submitted a reference question to the Supreme Court of Canada, which recommended that Milgaard's conviction be set aside. Kim Campbell, then the federal Minister of Justice, ordered, pursuant to section 690 of the Criminal Code, that a new trial be held on the murder charge against Milgaard. However, the Government of Saskatchewan announced that it would not hold a new trial, instead entering a stay of proceedings in the case against Milgaard, releasing him from prison on April 16, 1992. On July 18, 1997, a DNA laboratory in the United Kingdom released a report confirming that semen samples on the victim's clothing did not originate with Milgaard -- for all intents and purposes clearing Milgaard of the crime. The Saskatchewan government then apologized for the wrongful conviction. On July 25, 1997, Larry Fisher was arrested for the murder and rape of Ms. Miller. On May 17, 1999, the Saskatchewan government announced that a settlement had been reached with Milgaard, and that he would be paid compensation of C$10 million.

On September 30, 2003, the Saskatchewan government announced that a Royal Commission would investigate Milgaard's wrongful conviction, and on February 20, 2004, Justice Edward P. MacCallum was announced as the Commissioner. Douglas Hodson was later appointed as commission counsel.

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