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

David Lametti  Liberal

Status

Report stage (House), as of Feb. 7, 2024

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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.

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

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

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

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