Details
- Full Title
- An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews)
- First Reading
- February 16, 2023, Parliament 44, Session 1
- Type
- House Government Bill
- Full Content
- https://www.parl.ca/legisinfo/en/bill/44-1/c-40
Summary
The Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) creates a new system for reviewing possible miscarriages of justice in Canada. It sets up an independent group called the Miscarriage of Justice Review Commission. This commission will handle applications for reviews of findings and verdicts, taking over the job from the Minister of Justice.
The commission will have the power to look into cases, ask for new trials or hearings, or send matters to the court of appeal if they think a miscarriage of justice might have happened. The commission will also give support to people who apply and share information about its work. It will make policies and share yearly reports with data about who applies and how well the system is working.
The law also changes other laws to include the new commission. It allows the commission to follow rules for keeping information safe. The people who work for the commission will be included in certain benefit plans, like superannuation. The old rules for how the Minister of Justice reviewed cases are cancelled.
This law aims to make sure that possible miscarriages of justice are reviewed fairly and carefully by an independent body. It also tries to fix any problems in the system that might lead to these mistakes.
Issues
Economy
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Spending
The bill recommends the appropriation of public revenue to establish and operate the Miscarriage of Justice Review Commission. It also states that commissioners are to receive remuneration fixed by the Governor in Council, and are entitled to be paid travel and living expenses. The Commission may enter into contracts in its own name, and provide supports to applicants in need, including financial support for necessities such as food, housing, translation and interpretation services, and legal assistance.
Social Justice
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Reconciliation
The bill states that the Minister must take into account the overrepresentation of Indigenous peoples in the criminal justice system when making recommendations for commissioner appointments. The Commission must also consider the distinct challenges that Indigenous applicants face in obtaining a remedy for a miscarriage of justice.
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Income Inequality and Poverty
The Miscarriage of Justice Review Commission may provide supports to applicants in need, which include assisting them, if they are without means, in relation to necessities such as food and housing, and in obtaining legal assistance.
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Gender and Sexuality
The bill requires the commission to collect statistics on applicants disaggregated by gender identity.
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Racism
The bill states that the Minister must take into account the overrepresentation of Black persons in the criminal justice system when making recommendations for commissioner appointments. The Commission must also consider the distinct challenges that Black applicants face in obtaining a remedy for a miscarriage of justice.
Security and Defense
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Crime
The bill establishes the Miscarriage of Justice Review Commission to review potential miscarriages of justice related to criminal convictions. The commission can direct new trials or hearings, or refer matters to the court of appeal.