Justice committee  Yes, I did. Indeed, the language in the investigative threshold here really relies on what we find elsewhere in the Criminal Code. We're talking about when the commission can invoke its investigative powers. We do see this elsewhere in the Criminal Code. It was definitely an in

Justice committee  I believe I mentioned at a previous meeting that Mr. Housefather had described the amendment very accurately. Consequently, I have nothing to correct on that score. What he describes is an exception to the general obligation for applicants to have exhausted their appeal rights. T

Justice committee  Thank you. If my understanding of the question is correct, the member wants to know whether it's possible to provide in Bill C‑40 for the commission to take into consideration the amount of time that has elapsed since the deadline prescribed by the court for filing an appeal has

Justice committee  If it were included in this paragraph, it would become a factor that the commission would have to consider in deciding whether an application is admissible. With your permission, I would add that the factors set forth in the exemptions are based on the relevant case law in this

Justice committee  We're aware that in the U.K., they have a provision in their statute whereby the commission can make exceptions. It's a very short provision. I don't have it with me, so I can't read from it, but it's that exceptions can be made. I wanted to point out that currently the Criminal

Justice committee  I'm aware that there are fresh evidence applications that are made routinely to the court of appeal, even if it's beyond the time within which to normally file an appeal with leave—

Justice committee  —so it would depend on the evidence. I really can't get into big hypotheticals and put that kind of information on the parliamentary record as to if that particular scenario you describe would fit the bill, you know—not this bill, but fit the description. I'm sorry if I—

Justice committee  I can't engage too deeply into....

Justice committee  The term that is used in this bill—“new matter of significance”—can include new information, new evidence, new law. New law can be a new matter of significance that could call into question the reliability of a verdict.

Justice committee  I think that all I can add to that is that currently, and I would imagine in the future, as part of the screening process, it would have to be determined whether what's being sought here in an application for a miscarriage of justice review is the proper avenue for the individual

Justice committee  I don't believe it could be, on that short description you provided. There are admissibility criteria. They are actually in the provision being discussed right now. They have to do with the type of finding or verdict the court entered and then whether the individual exhausted the

Justice committee  It depends. In the statute we have, in the considerations, is there a new matter of significance that was not previously considered by the court? A new matter of significance can be new information or new evidence. That is sometimes one of the first indicators. If there's somethi

Justice committee  I'm not an expert on the record suspension statute, so I can't quote or lift from the language of it. I'm sorry.

Justice committee  Could I ask you to repeat them? Okay, I have them now—

Justice committee  I think you just kind of repeated what I had first articulated about anything that calls into question the reliability of the verdict or the process that led to it. Did you want additional examples of the process that led to it? Is that what you're asking?