On the interests of justice test, the bill provides that, at the end of the application review process, the commission grants a remedy when 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”. The Barreau du Québec questions the relevance of including the interest of justice test to justify granting a remedy.
We are concerned that this test may disadvantage some applicants, including indigenous, Black, and other marginalized applicants. At the same time, applicants who have been convicted of serious crimes or who may appear dangerous to the public may not get justice even if a miscarriage of justice has occurred.
The Barreau du Québec considers that the interest of justice test should not be invoked when the commission concludes that a miscarriage of justice may have occurred. Rather, it should be an additional ground used to benefit applicants when the commission cannot conclude that a miscarriage of justice may have occurred.
You can find in our brief some of the other observations we made, such as how applications under the current regime can be forwarded to the commission and what criteria can be used for those applications. We also have recommendations concerning the knowledge of official languages that should be possessed by the commissioners who will be appointed to the commission.
Finally, the Barreau du Québec would like to reiterate the importance of implementing the new processes set out in the bill in an effective and efficient manner, so that they are successful. This will help maintain, if not enhance, public confidence in the miscarriage of justice review process and the justice system.