David Milgaard

The Crime and Initial Investigation

On the morning of January 31, 1969, 20-year-old nursing student Gail Miller was sexually assaulted, stabbed, and left in a snowbank in Saskatoon. Her body was discovered about two hours later, at approximately 8:45 a.m. That same morning, 16-year-old David Milgaard, along with friends Ron Wilson and Nichol John, arrived in Saskatoon on a cross-country road trip from Regina. They stopped at the home of a mutual friend, Albert Cadrain, around 9:00 a.m. to pick him up, intending to continue their journey to Calgary. The Cadrain home was located only a short distance from where Miller's body was found. Unbeknownst to Milgaard or the police at the time, Larry Fisher, a serial sex offender, was renting the basement suite in the Cadrain house. Police investigated over 160 suspects in the weeks following the murder but failed to identify Fisher as a potential perpetrator during their initial inquiry.

Approximately one month after the murder, in early March 1969, Albert Cadrain contacted Saskatoon police. He reported that Milgaard had acted suspiciously during their subsequent drive to Calgary and claimed he had seen blood stains on Milgaard's clothing on the morning of January 31. This statement shifted police focus squarely onto Milgaard and his travelling companions. Investigators located and questioned Milgaard, who denied any involvement. They then interviewed Ron Wilson and Nichol John, whose initial statements provided Milgaard with a strong alibi, confirming they had been with him throughout the entire morning of the murder. In May 1969, however, police began hearing unverified reports that Milgaard had re-enacted the murder for friends in a Regina hotel room. Convinced Wilson and John had lied, police brought them in for re-interviews, during which both changed their stories under pressure.

Trial, Conviction and Imprisonment

David Milgaard was arrested and charged with non-capital (first-degree) murder on May 30, 1969. His trial began nine months later, in January 1970. The Crown's case relied heavily on the testimony of Albert Cadrain and the changed statements of Ron Wilson and Nichol John. During the trial, John recanted her incriminating police statement, denying she had witnessed Milgaard stab Gail Miller. Despite this recantation, the trial judge permitted the Crown to read her original statement to the jury. Milgaard's defence lawyer elected to call no evidence in his defence. On January 31, 1970, exactly one year after Miller's death, the jury convicted 17-year-old David Milgaard of murder. He was sentenced to life imprisonment with no possibility of parole for at least ten years.

The Saskatchewan Court of Appeal dismissed Milgaard's appeal in 1971, and the Supreme Court of Canada declined to hear a further appeal. Milgaard's time in prison was marked by extreme hardship and abuse. He was physically assaulted and sexually raped by other inmates. The trauma of his wrongful incarceration led him to attempt suicide on multiple occasions. In 1980, he escaped from custody and remained at large for over two months before being shot and recaptured by RCMP officers. Throughout his imprisonment, his mother, Joyce Milgaard, became his most relentless advocate, conducting her own investigation and mounting a formidable public campaign to prove his innocence.

The Long Road to Exoneration

Joyce Milgaard's tireless advocacy eventually uncovered a critical lead: Larry Fisher, a convicted rapist and attempted murderer, had been living in the Cadrain basement at the time of Gail Miller's murder. This information formed the basis for a formal application to the federal Minister of Justice for a review of the conviction under section 690 of the Criminal Code. The first application, submitted in 1988, was dismissed by Justice Minister Kim Campbell in February 1991. A second application, focusing on Fisher's potential guilt, was submitted later that year. After Joyce Milgaard appealed directly to Prime Minister Brian Mulroney, Minister Campbell referred the case directly to the Supreme Court of Canada in a highly unusual move.

In 1992, the Supreme Court of Canada reviewed the new evidence and concluded it could reasonably have affected the original jury's verdict. The court recommended Milgaard's conviction be set aside and a new trial be held. Following this ruling, the federal justice minister ordered a new trial. However, the Saskatchewan government announced it would not proceed with a new trial, instead entering a stay of proceedings. David Milgaard was released from prison on April 16, 1992, after serving 23 years. Final and definitive exoneration came on July 18, 1997, when a DNA laboratory in the United Kingdom confirmed that semen samples from Gail Miller's clothing did not match Milgaard but did match Larry Fisher. This scientific evidence irrefutably cleared Milgaard of the crime.

• March 1969: Albert Cadrain gives police statement implicating Milgaard.
• January 31, 1970: Milgaard convicted of murder and sentenced to life.
• 1988: First application for ministerial review submitted.
• 1991: Case referred to the Supreme Court of Canada.
• April 16, 1992: Milgaard released from prison after 23 years.
• July 18, 1997: DNA evidence exonerates Milgaard, implicates Larry Fisher.
• May 17, 1999: Milgaard receives a $10 million compensation settlement.

The Real Killer: Larry Fisher

The DNA evidence that freed David Milgaard directly led police to Larry Earl Fisher. Fisher was arrested in Calgary on July 25, 1997. He was subsequently convicted of the first-degree murder of Gail Miller on November 22, 1999, and sentenced to life imprisonment. At the time of Miller's murder, Fisher was a serial sex offender who had committed numerous rapes in Manitoba and Saskatchewan. He was living in the basement of the Cadrain home, a fact known to police during the original investigation but not pursued as a lead. The Saskatchewan Court of Appeal unanimously denied Fisher's appeal of his conviction in September 2003. It was later revealed that in 1980, Fisher's ex-wife, Linda Fisher, had visited the Saskatoon police department and told officers she believed her former husband had likely killed Gail Miller, a statement the police did not follow up on.

Fisher had previously served a total of 23 years in prison for multiple sexual assaults. While eligible for parole on several occasions after his murder conviction, he opted not to have his case heard by the National Parole Board. Larry Fisher died in custody at the Pacific Institution in Abbotsford, British Columbia, on June 10, 2015. His failure to be identified as a suspect in 1969, despite his criminal history and proximity to the crime, was a central failure highlighted by the subsequent inquiry into Milgaard's wrongful conviction.

The Public Inquiry and Its Findings

On September 30, 2003, the Saskatchewan government announced a royal commission, the Commission of Inquiry into the Wrongful Conviction of David Milgaard. Justice Edward P. MacCallum was appointed commissioner on February 20, 2004. The inquiry's final report was released by Saskatchewan's Minister of Justice, Don Morgan, on September 26, 2008. The report was highly critical of the original police investigation and the prosecution. It found that investigators had failed to properly pursue Larry Fisher as a suspect despite compelling reasons to do so, including his proximity to the crime and his violent history. The inquiry also noted the failure to act on the 1980 statement from Fisher's ex-wife, Linda Fisher.

The MacCallum report made several key recommendations for reforming Canada's justice system. Its central recommendation was a call for the federal government to create an independent body to review allegations of wrongful conviction, noting that if such a body had existed, Milgaard might have been freed years earlier. The inquiry also noted the tension created by the public campaign waged by the Milgaard family, which generated resentment within the police and Crown prosecutor's office but was ultimately crucial in securing justice. The report showed systemic failures, including the coercion of witnesses and the dismissal of exculpatory evidence.

Life After Release and Advocacy

After his release, David Milgaard married his partner, Cristina, and they had two children, a son and a daughter. He lived in Cochrane, Alberta, and worked as a community support worker. He became a prominent public speaker, advocating for the wrongfully convicted and for prisoners' rights. In 2021, he posted several advocacy videos on his YouTube channel, Project Milgaard. Milgaard was appointed to the Independent Review Board Working Group, an entity whose creation was ordered by Prime Minister Justin Trudeau in December 2019 to help design a new system for reviewing wrongful convictions.

Milgaard's wrongful conviction and imprisonment had a severe impact on his life. The Saskatchewan government issued a formal apology to him in 1997. On May 17, 1999, the governments of Canada and Saskatchewan announced a $10 million compensation settlement for his pain and suffering, lost wages, and legal fees. David Milgaard became ill on May 14, 2022, was taken to a hospital in Calgary, and died the following day at age 69 from complications of pneumonia.

Legacy and Legal Reform

The most significant legacy of David Milgaard's case is a major reform to how Canada addresses potential wrongful convictions. For decades, the only recourse for someone who had exhausted their appeals was to apply for a review by the federal Minister of Justice under section 690 of the Criminal Code, the same process Milgaard used. Critics argued this process was fraught with political influence and inherent conflicts of interest, as the minister was part of the same government that prosecuted the case. The flaws in this system were starkly exposed by the prolonged struggle to free Milgaard.

On February 16, 2023, federal Justice Minister David Lametti introduced Bill C-40, named "David and Joyce Milgaard's Law" in their honour. The bill proposed creating an independent commission to review, investigate, and decide which criminal cases should be returned to the justice system due to a potential miscarriage of justice. The bill received royal assent and became law on December 17, 2024. The new commission will be an independent, stand-alone body outside the Department of Justice. It will have the power to compel testimony and evidence, and its commissioners will be required to reflect Canada's diversity, with particular attention to the overrepresentation of Indigenous, Black, and racialized people in the justice system.

• 2008: Milgaard Inquiry recommends an independent review body.
• February 16, 2023: Bill C-40, "David and Joyce Milgaard's Law," introduced.
• December 17, 2024: Bill C-40 receives royal assent and becomes law.

In Popular Culture

The story of David Milgaard's wrongful conviction has been documented in several films and other media. The 1992 documentary The David Milgaard Story was directed by Vic Sarin. In 1999, a docudrama titled Milgaard, directed by Stephen Williams and starring Ian Tracey, aired on television. The case also inspired artistic works, most famously the song "Wheat Kings" by the Tragically Hip, from their 1992 album Fully Completely, which contains lyrical references to the story. Canadian cartoonist David Collier depicted the Milgaard case in comics form in his 2000 book, Surviving Saskatoon.

Questions about David Milgaard

What was David Milgaard convicted of?

David Milgaard was convicted of the first-degree murder of 20-year-old nursing student Gail Miller in Saskatoon, Saskatchewan. The crime occurred on January 31, 1969. Milgaard was 16 years old at the time of the crime and 17 when he was convicted on January 31, 1970. He was sentenced to life imprisonment with no possibility of parole for at least ten years.

How long did David Milgaard spend in prison?

David Milgaard spent 23 years in prison for a crime he did not commit. He was convicted on January 31, 1970, and remained incarcerated until his release on April 16, 1992. His time in prison was marked by significant hardship, as he was raped and later attempted suicide. Milgaard's appeal was rejected in 1971, and he was not exonerated until after his release.

How was David Milgaard exonerated?

David Milgaard was exonerated through DNA testing. On July 18, 1997, a laboratory in the United Kingdom released a report confirming that semen samples found on Gail Miller's clothing did not match Milgaard. The DNA instead matched Larry Fisher, a serial sex offender who was living near the crime scene at the time. This scientific evidence provided irrefutable proof of Milgaard's innocence.

Who actually killed Gail Miller?

Gail Miller was murdered by Larry Earl Fisher, a serial sex offender. Fisher was renting the basement suite in the home of Albert Cadrain, where Milgaard and his friends had stopped on the morning of the murder. Fisher was arrested in July 1997 after DNA evidence implicated him. He was convicted of Miller's first-degree murder on November 22, 1999, and sentenced to life in prison, where he died in 2015.

What compensation did David Milgaard receive?

David Milgaard received a compensation settlement of C$10 million from the governments of Canada and Saskatchewan. This settlement was announced on May 17, 1999, and was intended to cover his pain and suffering, lost wages, and legal fees. The payment followed his official exoneration in 1997 based on DNA evidence. The DNA report, released on July 18, 1997, confirmed semen samples from the victim's clothing did not match Milgaard.

What is David and Joyce Milgaard's Law?

David and Joyce Milgaard's Law is a bill introduced in February 2023 by Justice Minister David Lametti. It proposes the creation of a new independent commission to investigate potential wrongful conviction cases. This commission would have the authority to review applications and refer cases back to the justice system. The bill is named for David Milgaard and his mother Joyce, who tirelessly advocated for his exoneration.

Sources and further reading

• David Milgaard (Wikipedia)
• David Milgaard Case (thecanadianencyclopedia.ca)
• David Milgaard, CRWC (wrongfulconvictions.ca)
• The Miscarriage of Justice Review Commission Act (David ... (justice.gc.ca)
• David Milgaard (innocencecanada.com)

Checked by the Nosy Mag desk. Last updated 2026-10-22.