Certainly. It's true that there is no definition in the code for a miscarriage of justice, though it is a term that is used in several different sections, and I would say key sections, not to mention that this entire part of the Criminal Code that's being amended—part XXI.1—deals with miscarriages of justice. It's also used in the appeal provision. Conviction appeals can be presented to the court of appeal either on the basis of an unreasonable verdict, error of law or any ground on which there may be a miscarriage of justice.
It's not defined. The courts have certainly articulated what it can include. I believe I recall the minister also saying that it's not proposed to be defined because it's malleable, and that this is intentional because things can evolve and circumstances can be quite varied as to whether or not something amounts to a miscarriage of justice. I could say that in some of the key cases, it's been things like misapprehension of evidence. It can be prosecutorial or judicial misconduct. It can be tunnel vision. It can be a number of things.
The other thing I wanted to mention about that third ground of appeal is that it's a stand-alone ground. It doesn't have to be in combination with an unreasonable verdict. That comes from the Supreme Court in a case called Lohrer, in which the court said that that any ground that constitutes a miscarriage of justice is a stand-alone ground of appeal.