Myles Frederick McClellan has posted the above-titled article on SSRN. Download full article here. The abstract states:
There is no doubt that the issue of wrongful convictions has grown in public awareness over the past twenty years, yet there is no legislated right to compensation in Canada for those who have suffered tremendous personal and financial damage as a result of a wrongful incarceration. The available remedies include the expensive and time consuming routes of litigation for malicious prosecution, negligent investigation, a Charter breach; a petition to a United Nations Human Rights Committee or the highly politicized exercise of mercy by government to make an ex gratia payment. Except for the very few, none of these remedies are efficacious. The need is great to employ a specialist tribunal that provides accessibility and transparency within a reasoned legislative framework.
Wrongful Convictions Blog 