Let me clarify my question, because it wasn't about the culpability aspect. If the commission receives a large number of applications, this could potentially, if not likely, overload its hearing dockets somewhat.
If we want to create a commission whose mandate will be to review miscarriages of justice, will we ask it to review all or almost all decisions that were rendered because someone says an error may have been made? It's so broad that it could encompass virtually any decision.
On the other hand, should we limit ourselves by telling the commission that the cases it will consider are those for which it can be established that there was a probable miscarriage of justice?
I'm not saying that either situation is best, but I do wonder about this.
What do you think?