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Justice committee  The bill does not mention fixed and specific time frames. However, there is a broader obligation to process applications quickly. I believe that, in English, we use the term expeditiously. This will still require the commission to take the time frames into account. Given that th

October 31st, 2023Committee meeting

Julie Besner

Justice committee  First of all, I must say that the commission's mandate is not necessarily to determine whether there was a miscarriage of justice. However, if it does have reasonable grounds to believe that there may have been a miscarriage of justice and that it is in the interest of justice th

October 31st, 2023Committee meeting

Julie Besner

Justice committee  Are you talking about the courts?

October 31st, 2023Committee meeting

Julie Besner

Justice committee  As soon as an application is deemed admissible, the applicant may make an application for release pending the commission's decision or, thereafter, pending the court's final decision. In this regard, the bill will amend section 679 of the Criminal Code.

October 31st, 2023Committee meeting

Julie Besner

Justice committee  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 acc

October 31st, 2023Committee meeting

Julie Besner

Justice committee  There are certainly people who, unfortunately, despite all the good legal advice they may have received, plead guilty when they are innocent. Sometimes there are quite exceptional circumstances, without mentioning specific cases. You may hear witnesses talk to you about specific

October 31st, 2023Committee meeting

Julie Besner

Justice committee  This is a conviction that is still not warranted, if no offence has been committed.

October 31st, 2023Committee meeting

Julie Besner

Justice committee  That's right. It is true that the Criminal Code contains no definition of what constitutes a miscarriage of justice, although that term is used a few times. In the practice of criminal law, yes, miscarriages of justice include not only mistakes made by participants, such as law

October 31st, 2023Committee meeting

Julie Besner

Justice committee  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

October 31st, 2023Committee meeting

Julie Besner

Justice committee  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 sta

October 31st, 2023Committee meeting

Julie Besner

Justice committee  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

October 31st, 2023Committee meeting

Julie Besner