Bill C-40 (Historical)

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)

Debate Summary

line drawing of robot

This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-40 aims to reform the criminal justice system by establishing an independent commission to review potential miscarriages of justice. The commission would be responsible for investigating claims of wrongful conviction and has the power to order new trials or hearings, or refer cases to a court of appeal. Concerns have been raised about the threshold for review and whether applicants should be required to exhaust all appeal options before applying to the commission.

Liberal

  • Supports independent review commission: The Liberals are strongly in favour of Bill C-40, which would establish an independent commission to review potential miscarriages of justice, streamline the process, and ensure fairness. They believe the bill is a significant and overdue improvement to Canada's justice system.
  • Bill is named for Milgaard: The bill is named after David and Joyce Milgaard, who were forceful advocates for the wrongfully convicted, and called for changes to Canada's wrongful conviction review process, including the establishment of an independent commission.
  • Criticizes Conservative delays: The Liberals criticize the Conservatives for obstructing and delaying the bill through filibustering and tabling numerous amendments, despite publicly expressing support for its goals. They view these actions as disrespectful to those awaiting justice.
  • Commission's proactive role: The Liberals highlight amendments to the bill that allow the commission to make recommendations addressing systemic issues that lead to wrongful convictions, as well as to raise concerns about the exclusion of applicants from correctional programs while their cases are under review.

Conservative

  • Oppose Bill C-40: The Conservative party cannot support Bill C-40 in its current form because of significant flaws, including the unnecessary lowering of the review threshold and the ability to sidestep the regular appeal process.
  • Lower threshold problematic: The party believes the change from 'likely occurred' to 'may have occurred' for opening a review lowers the bar too much. This lower threshold could open the door to a flood of cases and undermine public confidence in the court system.
  • Sidestepping appeal process: The Conservatives argue that the bill allows convicted persons to bypass the regular appeal process and apply directly to the review commission. They believe applicants should first exhaust all available tools in the regular court system before seeking a review.

NDP

  • Supports independent review: The NDP has been calling for an independent commission to investigate wrongful convictions for a decade. Bill C-40 delivers on the Liberal promise to create this commission, offering a pathway to justice free from delays and limitations of the current system.
  • Addressing systemic inequities: The bill is a critical step in reforming the criminal justice system and addressing systemic inequities. These inequities disproportionately affect indigenous people, racialized communities, and marginalized Canadians, especially Indigenous women.
  • Improvements to the bill: The NDP supported amendments to allow applicants to apply without a verdict from a court of appeal or the Supreme Court. They also proposed amendments to empower the commission to make recommendations addressing systemic issues and to ensure Correctional Service Canada and the Parole Board of Canada would not obstruct applicants.
  • Poverty and convictions: People living in poverty have higher rates of wrongful convictions due to inadequate legal representation, systemic biases, and pressures of plea bargaining. The intersection of race and poverty also affects outcomes, with Indigenous peoples and racial minorities facing compounded biases.

Bloc

  • Supports creation of commission: The Bloc Québécois supports Bill C-40, believing that creating an independent commission to review miscarriages of justice will ensure more independent decisions and strengthen public confidence in institutions.
  • Need for independence: The bill transfers discretion from the justice minister to the commission, increasing independence between legal and political branches. Recent revelations about the former justice minister reinforced the need to remove the power to order a new trial from ministers.
  • Hypocrisy regarding French language: The Bloc criticized the Liberals and NDP for rejecting an amendment requiring commissioners to be fluent in both official languages. They view this as an example of the parties not prioritizing the French language despite claims of support.
  • Commissioners must be bilingual: The Bloc proposed an amendment to ensure the commissioners are bilingual, so they can fairly assess cases from both francophones and anglophones. They were disappointed that the amendment was defeated.
Was this summary helpful and accurate?

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

June 17th, 2024 / 3:35 p.m.

The Speaker Greg Fergus

The question is on Motion No. 1. A vote on this motion also applies to Motions Nos. 2 to 20.

(The House divided on the motion, which was negatived on the following division:)

Vote #826

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

June 17th, 2024 / 3:40 p.m.

The Speaker Greg Fergus

I declare Motion No. 1 defeated.

I therefore declare Motions Nos. 2 to 20 defeated.

The House resumed consideration 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), as reported (with amendments) from the committee.

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

June 17th, 2024 / 3:45 p.m.

Hochelaga Québec

Liberal

Soraya Martinez Ferrada Liberalfor the Minister of Justice

moved that the bill, as amended, be concurred in.

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

June 17th, 2024 / 3:45 p.m.

The Speaker Greg Fergus

If a member participating in person wishes that the motion be carried or carried on division, or if a member of a recognized party participating in person wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

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

June 17th, 2024 / 3:45 p.m.

Liberal

Steven MacKinnon Liberal Gatineau, QC

Mr. Speaker, I request a recorded division.

(The House divided on the motion, which was agreed to on the following division:)

Vote #827

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

June 17th, 2024 / 3:55 p.m.

The Speaker Greg Fergus

I declare the motion carried.