Bill C-40

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

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 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 .

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.

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)

Justice and Human Rights Committee, on Oct. 31, 2023

Edward Livingstone, Senior Advisor and Senior General Counsel, Public Law and Legislative Services Sector, Department of Justice
Julie Besner, Senior Counsel, Public Law and Legislative Services Sector, Department of Justice

Justice and Human Rights Committee, on Nov. 7, 2023

Harry S. LaForme, As an Individual
Nicolas Le Grand Alary, Lawyer, Secretariat of the Order and Legal Affairs, Barreau du Québec
Nicholas St-Jacques, Representative of Barreau du Québec, Barreau du Québec
James Lockyer, Board Member, Counsel, Innocence Canada
Kent Roach, Professor, Faculty of Law, University of Toronto, As an Individual
Myles Frederick McLellan, Chair, Policy Review Committee, Canadian Criminal Justice Association
Dunia Nur, President and Chief Executive Officer, African Canadian Civic Engagement Council

Justice and Human Rights Committee, on Nov. 23, 2023

Simon Roy, Vice-Dean and Full Professor, University of Sherbrooke, Faculty of Law, As an Individual
John Curtis, In-house Counsel, Criminal Cases Review Commission
Jessyca Greenwood, Executive Member, Criminal Lawyers' Association
Elizabeth Donnelly, Associate Professor, School of Social Work, University of Windsor, As an Individual
Linda Silas, President, Canadian Federation of Nurses Unions
Danette Thomsen, British Columbia Regional Council Member, North East Region, British Columbia Nurses' Union

Justice and Human Rights Committee, on Nov. 28, 2023

Neil Wiberg, Lawyer, As an Individual
Nyki Kish, Associate Executive Director, Canadian Association of Elizabeth Fry Societies
Tony Paisana, Past Chair, Criminal Justice Section, The Canadian Bar Association
Lindsey Guice Smith, Executive Director, North Carolina Innocence Inquiry Commission
Kathryn M. Campbell, Professor, Criminology, Faculty of Social Sciences, University of Ottawa, As an Individual

Justice and Human Rights Committee, on Dec. 5, 2023

Julie Besner, Senior Counsel, Public Law and Legislative Services Sector, Department of Justice

Justice and Human Rights Committee, on Dec. 7, 2023

Clerk of the Committee, Mr. Jean-François Lafleur
Julie Besner, Senior Counsel, Public Law and Legislative Services Sector, Department of Justice

Justice and Human Rights Committee, on Dec. 12, 2023

Julie Besner, Senior Counsel, Public Law and Legislative Services Sector, Department of Justice

Justice and Human Rights Committee, on Dec. 14, 2023

Julie Besner, Senior Counsel, Public Law and Legislative Services Sector, Department of Justice
Clerk of the Committee, Mr. Jean-François Lafleur

Justice and Human Rights Committee, on Feb. 1, 2024

Anna Dekker, Senior Counsel and Deputy Director, Public Law and Legislative Services Sector, Department of Justice
Julie Besner, Senior Counsel, Public Law and Legislative Services Sector, Department of Justice