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)

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

David Lametti  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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 .

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-40s:

C-40 (2017) Law Appropriation Act No. 5, 2016-17
C-40 (2014) Law Rouge National Urban Park Act
C-40 (2012) Law Appropriation Act No. 2, 2012-13
C-40 (2010) Law Celebrating Canada's Seniors Act

Votes

June 17, 2024 Passed Concurrence at report stage of 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)
June 17, 2024 Failed 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) (report stage amendment)
June 11, 2024 Passed Time allocation for 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)

Business of the HouseGovernment Orders

June 8th, 2023 / 3:30 p.m.


See context

Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, inflation is a global phenomenon. It is good that Canada is below the OECD average. It is also below the G7 average, the G20 average, the U.S., the U.K., Spain, Germany and many other countries. Of course, that is not good enough. We have to continue to lead and do everything we can. That is why I am so proud that this House just adopted a budget with critical measures to help Canadians in every corner of this country with affordability, because we are not going to fix the problem of global inflation by slashing support to the most vulnerable.

After passing the budget, this House has important work to do over the next two weeks.

It will start this evening as we resume debate on Bill C-35, on early learning and child care, at report stage. Once that debate is done, we will resume debate on Bill C-33, on railway safety. Tomorrow, we will debate Bill C-41, on humanitarian aid. On Monday at noon, we will begin second reading debate of Bill C-48 concerning bail reform, and then we will go to Bill C-35 at third reading after question period. On Tuesday we will call Bill S-8, on sanctions, at report stage and third reading.

On top of this, priority will be given to Bill C-22, the disability benefit, and Bill C-40 regarding miscarriage of justice reviews, as well as our proposal to implement changes to the Standing Orders, which were tabled earlier today, to render provisions with respect to hybrid Parliament permanent in this House.

Furthermore, I have a unanimous consent motion that I would like to propose in relation to the debate tomorrow.

I move:

That, notwithstanding any standing order, special order or usual practice of the House, in relation to Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts:

(a) the amendment in Clause 1 adopted by the Standing Committee on Justice and Human Rights, which reads as follows:

“(a) by adding after line 26 on page 1 the following:

(4) Subsections (1) and (2) do not apply to a person who carries out any of the acts referred to in those subsections for the sole purpose of carrying out humanitarian assistance activities conducted under the auspices of impartial humanitarian organizations in accordance with international law while using reasonable efforts to minimize any benefit to terrorist groups.

“(b) by deleting lines 15 to 19 on page 2.”

be deemed within the principle of the bill; and

(b) when the bill is taken up at report stage:

(i) it be deemed concurred in, as amended, on division, after which the bill shall be immediately ordered for consideration at the third reading stage,

(ii) not more than one sitting day or five hours of debate, whichever is the shortest, shall be allotted for consideration at the third reading stage,

(iii) five minutes before the expiry of the time provided for government orders that day, at the conclusion of the five hours allocated for the debate, or when no member rises to speak, whichever is earlier, all questions necessary to dispose of the said stage of the bill shall be put forthwith without further debate or amendment, provided that, if a recorded division is requested, it shall be deferred pursuant to order made Thursday, June 23, 2022.

Business of the HouseGovernment Orders

June 1st, 2023 / 3:25 p.m.


See context

Edmonton Centre Alberta

Liberal

Randy Boissonnault LiberalMinister of Tourism and Associate Minister of Finance

Mr. Speaker, this is the first time that I have had the honour to share with our very dear colleagues in the House the message concerning the Thursday question. I am very pleased to answer my colleague.

As members know, Bill C-47, the budget implementation act, was reported from committee yesterday, so we will call it for the final stages of debate starting tomorrow and then continue early next week on Monday and Tuesday.

We will also give priority to Bill C-40, the miscarriage of justice review commission act, also known as David and Joyce Milgaard's law; Bill C-48, bail reform; and Bill C-41, humanitarian assistance.

Finally, I would like to inform the House that next Thursday will be an opposition day.

Business of the HouseGovernment Orders

May 18th, 2023 / 3:45 p.m.


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Moncton—Riverview—Dieppe New Brunswick

Liberal

Ginette Petitpas Taylor LiberalMinister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency

Mr. Speaker, when we return the Monday after the week in our ridings, the agenda will include debate at third reading of Bill S‑5, an act to amend the Canadian Environmental Protection Act.

Tuesday and Thursday will be opposition days. On Wednesday, we will resume debate at second reading of Bill C‑42, an act to amend the Canada Business Corporations Act.

On Friday, we will begin debate on Bill C‑40, miscarriage of justice review commission act, also known as David and Joyce Milgaard's law.

I would also like to take this opportunity to inform members that we have posted the position of law clerk and parliamentary counsel in the House of Commons. I encourage members to share that job posting so that we can be sure to find a permanent law clerk as soon as possible to support the important work that we do as parliamentarians.

Again, we have done the process in French and English.

With that, I would like to wish all parliamentarians a wonderful constituency week. I know that we are going to be busy in our ridings.

Public SafetyOral Questions

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


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Scarborough—Rouge Park Ontario

Liberal

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.


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Liberal

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—