David Milgaard completes marathon mission | Ron Dalton

By Ron Dalton ·

Law360 Canada (December 20, 2024, 10:59 AM EST) --
Ron Dalton
Yesterday morning as I sat in the small, but inspiringly powerful, offices of Innocence Canada to hear Federal Justice Minister Arif Virani formally announce and celebrate the passing of Bill C-40, I reflected on the extraordinary life of my late friend. The long-awaited legislation brings hope to those suffering the enormous effects of wrongful conviction and is an important step to strengthen Canadians’ faith in our collective justice system. As the minister noted it is unusual for Canadian legislation to be named after individuals, but it is fitting that the bill is known as the David and Joyce Milgaard Law.

By now most Canadians are generally aware of the terrible miscarriage of justice visited on David Milgaard and his family in 1969, some 55 years ago; the more informed among us may even have some inkling of the dedication of David, Joyce and their family to fix a broken system. Few will realize the extent of the efforts Joyce and then David expended on our behalf. As a nation we owe a collective debt of gratitude to the Milgaard family for their contribution to the growth of our national social justice conscience.

It was most appropriate that David’s sister, Susan, was there to represent her family and all Canadians at yesterday’s event. As David’s younger sister, she supported him faithfully for the past 55 years, including helping him complete this marathon during the past couple of years since his passing. It is one of the many things David and I bonded over, as I too have a younger sister who supported me strongly during the 12 years of my own wrongful conviction ordeal.

The love I received from my sister and brother-in-law as they raised my three children while I was what I euphemistically refer to as “a guest of Her Majesty” was mirrored by the unwavering support of David’s family for him. It was obvious yesterday that a mere thing like death could not weaken the bond of love and support between David and Susan — here again I can relate, my sister remains one of the most important people in my life.

It is no exaggeration to say David championed the fight for the creation of the new Miscarriage of Justice Review Commission. Since his release from prison, he was aided in his efforts by recommendations from several public inquiries into several high profile wrongful convictions in our country and individuals such as James Lockyer, Win Wahrer, Joanne McLean and countless others. Along the way several non-profit organizations, including Innocence Canada, have stood with David in his fight, but David was also prepared to go it alone if necessary. Here was a man who had every reason to distance himself and his family from a justice system that had treated him shabbily but choose to embrace the system’s flaws and strive to make it better. We at Innocence Canada and, if I may presume for a moment to speak on behalf of the wrongly convicted in Canada, applaud Minister Virani and his predecessor, David Lametti, for assisting David and his family in getting the campaign for justice across the finishing line. Susan Milgaard made it clear in her poignant remarks yesterday that David, Joyce, the Milgaard family and indeed our entire nation will be watching as the new commission is rolled out to make sure it proves worthy of the Milgaard name to which it is attached.

I share the hope that David’s dream of a more just system will be realized and give final thanks to David knowing the personal price he paid to get us this far. Well done, good and faithful servant; the challenge is now ours to live up to the high standard he set for us.

In 1988, Ron Dalton was a 32-year-old bank manager when he was wrongfully convicted of murdering his wife. It took the next 12 years to prove his innocence, restore his freedom and return him to his family, including the couple’s three children. Since that ordeal, Dalton has tried to reintegrate into family life and earn a living, and he is co-chair of Innocence Canada, a nonprofit organization working to free other wrongly convicted individuals.

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