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)

Sponsor

David Lametti  Liberal

Status

This bill has received Royal Assent and is, or will soon become, 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 the Library of 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
C-40 (2009) Expanded Voting Opportunities Act
C-40 (2008) Law An Act to amend the Canada Labour Code, the Canada Student Financial Assistance Act, the Canada Student Loans Act and the Public Service Employment 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)

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.

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.