Evidence of meeting #81 for Justice and Human Rights in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was commission.
A recording is available from Parliament.
4:25 p.m.
Conservative
Larry Brock Conservative Brantford—Brant, ON
Thank you.
Mr. Livingstone, was Justin Trudeau ever interviewed by the RCMP?
4:25 p.m.
Senior Advisor and Senior General Counsel, Public Law and Legislative Services Sector, Department of Justice
I have no knowledge of that.
4:25 p.m.
Liberal
James Maloney Liberal Etobicoke—Lakeshore, ON
Mr. Chair, with all due respect, the only time that Bill C-40 has been mentioned is in a point of order, which just confirms how absurd this is.
4:25 p.m.
Conservative
The Vice-Chair Conservative Rob Moore
Mr. Maloney, your turn is up in about six seconds, so you can—
4:25 p.m.
Conservative
4:25 p.m.
Senior Advisor and Senior General Counsel, Public Law and Legislative Services Sector, Department of Justice
I have no knowledge.
4:25 p.m.
Conservative
Larry Brock Conservative Brantford—Brant, ON
You have no knowledge.
Was Justin Trudeau's chief of staff, Katie Telford, interviewed?
4:25 p.m.
Senior Advisor and Senior General Counsel, Public Law and Legislative Services Sector, Department of Justice
I have no knowledge.
4:25 p.m.
Conservative
4:25 p.m.
Conservative
October 31st, 2023 / 4:25 p.m.
Liberal
Élisabeth Brière Liberal Sherbrooke, QC
Thank you, Mr. Chair.
Good morning to all the witnesses. Thank you for giving us your valuable time today.
I would like to know whether the eligibility criteria will change under the new system set out in Bill C‑40. I would also like to know how the process for determining the admissibility of a request for review will be improved.
4:25 p.m.
Julie Besner Senior Counsel, Public Law and Legislative Services Sector, Department of Justice
I can answer those questions.
The eligibility criteria are being amended in Bill C‑40.
First of all, the terminology has changed in some respects. Under the current provisions of the Criminal Code, individuals who have been convicted of an offence under an act of Parliament may apply for a review. The bill changes that terminology to refer to people who have been convicted. This clarifies that it includes people who have pleaded guilty as well as people who have been granted a conditional or absolute discharge.
As another eligibility criterion, a provision is being added to allow for an application for review in the case of people who have been found not criminally responsible on account of mental disorder. If there was a misdiagnosis, for example, that could be reviewed.
In terms of improving the review process, during the consultations, we heard a lot about the fact that it is quite onerous for applicants to gather all the trial transcripts and provide the many documents required. Applicants are often still in prison, so it's a fairly onerous process for them. So they have difficulty meeting the admissibility criteria.
If the bill is passed, the first step for applying will be greatly simplified. The Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice will be repealed, and the new commission will instead develop policies to describe what people must submit. The form to fill out will likely be quite simple. This is what we have heard from other countries that have greatly simplified the form that applicants have to fill out. After that, we hope that the preliminary assessment to determine the admissibility of a request for review will be a little quicker and that, once a request has been declared admissible, we will be able to move fairly quickly to an investigation or a decision.
4:25 p.m.
Liberal
Élisabeth Brière Liberal Sherbrooke, QC
Speaking of time frames, do you think the creation of this commission will speed up or slow down the process of reviewing miscarriages of justice, compared to the current time frames?
4:25 p.m.
Senior Counsel, Public Law and Legislative Services Sector, Department of Justice
Speeding up the review process is one of the main objectives of the bill. With the creation of a new commission whose sole mandate will be to examine miscarriages of justice, which will consist of a chief commissioner and four other commissioners, and which will have a lot of staff to support it, we are hopeful that the time required to review applications will be considerably reduced. These are still quite complex applications, but they can be reviewed more quickly by a number of commissioners with a fairly clear mandate, rather than by a single minister who has a lot of duties in their portfolio.
4:25 p.m.
Liberal
Élisabeth Brière Liberal Sherbrooke, QC
According to some statistics we have seen, there have apparently been 77 applications over the past year, if I am not mistaken.
I understand that you don't have a crystal ball, but do you think this new way of doing things will lead to an increase in the number of applications?
4:25 p.m.
Senior Counsel, Public Law and Legislative Services Sector, Department of Justice
That is certainly what we are anticipating. Other countries saw an increase in the number of applications after the creation of a similar commission.
By changing the admissibility criteria and the referral criteria a little, we could see an increase in the number of applications submitted and applications deemed admissible, especially since people who have pleaded guilty will understand that they can submit an application and that it may be admissible.
I see the minister is here.
4:30 p.m.
Liberal
Élisabeth Brière Liberal Sherbrooke, QC
What measures are being put in place to ensure that the new commission will be transparent and accountable?
4:30 p.m.
Senior Counsel, Public Law and Legislative Services Sector, Department of Justice
There are a few aspects of the bill that will increase transparency. There is even a provision that explicitly provides for that.
The commission will also be able to publish its decisions, provided that confidential information is not disclosed. The very fact that it will be accessible across Canada should increase transparency.
There is also the requirement to give notice to interested parties, who will have an opportunity to make submissions, if they wish.
All of this is aimed at increasing transparency in decision-making.