Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)

An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews)


David Lametti  Liberal


Second reading (House), as of Feb. 16, 2023

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This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to, among other things,
(a) establish an independent body to be called the Miscarriage of Justice Review Commission;
(b) replace the review process set out in Part XXI.1 with a process in which applications for reviews of findings and verdicts on the grounds of miscarriage of justice are made to the Commission instead of to the Minister of Justice;
(c) confer on the Commission powers of investigation to carry out its functions;
(d) provide that the Commission may direct a new trial or hearing or refer a matter to the court of appeal if it has reasonable grounds to conclude that a miscarriage of justice may have occurred and considers that it is in the interests of justice to do so;
(e) authorize the Commission to provide supports to applicants in need and to provide the public, including potential applicants, with information about its mandate and miscarriages of justice; and
(f) require the Commission to make and publish policies and to present and publish annual reports that include demographic and performance measurement data.
The enactment also makes consequential amendments to other Acts and repeals the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice .


All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Public SafetyOral Questions

February 17th, 2023 / 11:45 a.m.
See context

Scarborough—Rouge Park Ontario


Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I can assure my colleague that our government has been working on very smart criminal justice reforms that are meant to keep our communities safe.

We brought forward Bill C-5, which will essentially address issues with systemic racism within the criminal justice system. We introduced Bill C-40 yesterday, which is for a criminal conviction review commission that is meant to ensure those who are wrongfully accused and convicted have a way out.

We will continue to work on smart criminal justice policy.

JusticeOral Questions

February 16th, 2023 / 3:05 p.m.
See context


David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, Susan is the sister of David Milgaard, and the daughter of Joyce, after whom the bill is named.

Bill C-40 would create a miscarriage-of-justice review commission to examine wrongful convictions fairly and efficiently—

Miscarriage of Justice Review Commission ActRoutine Proceedings

February 16th, 2023 / 10:05 a.m.
See context

LaSalle—Émard—Verdun Québec


David Lametti LiberalMinister of Justice and Attorney General of Canada

moved for leave to introduce Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews).

(Motions deemed adopted, bill read the first time and printed)

February 15th, 2023 / 5:05 p.m.
See context


Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Part of it is the right to innovate...or the safety concerns. A lot of that comes down to enforcement in other jurisdictions. It's not copyright that would be the enforcement mechanism for a lot of those things. Safety isn't copyright. When you're talking about motor vehicle safety acts or environmental protection, that's not the Copyright Act.

Both Bill C-244 and my bill, Bill C-294, which we're talking about today, are not going to allow people to alter or make substantive changes to an already existing piece of equipment. When you look at the very definitions of “diagnose”, “maintenance” or “repair”, you're maintaining it to what the original state was or you're repairing it to the original state. In order to do that safely, you have to be able to access information to restore it to the original state.

What we're trying to do with my bill is to make more products available to the consumer to use, to have the choice and the options for what they want. Again, that's not going to violate environmental protection laws. It's not going to alter motor vehicle safety. There are standards in place that still have to be respected.

All of these companies are certified companies; they're making good products. Are there going to be some bad actors or other people who are black market or whatever? Yes. With or without this, that's going to exist.