Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)

Royal assent received

C-40
December 17, 2024 (2 months ago)
Canadian Federal
Arif Virani
Liberal
House of Commons
Royal assent
3 Votes
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)
Criminal Justice

Summary

The Miscarriage of Justice Review Commission Act establishes an independent body to investigate claims of wrongful convictions within the Canadian legal system. This move shifts the review process from the Minister of Justice to the newly formed commission, which will help ensure impartiality and enhance accountability in addressing potential miscarriages of justice.

What it means for you

The changes may particularly impact individuals who have been wrongfully convicted or those seeking justice for past injustices. Marginalized groups may see a more focused effort to address systemic bias in the justice system. However, citizens might also face longer wait times for case reviews due to the commission's new framework.

Expenses

Establishing and running the commission will incur significant costs for the government. These include salaries for the Chief Commissioner and additional staff, administrative and operational expenses for conducting reviews and investigations, and funding for support services such as legal aid for applicants. This spending may divert funds from other critical areas of the justice system, raising concerns about overall budget management.

Proponents view

Supporters argue that the commission will improve the integrity of the justice system by creating a dedicated process for addressing wrongful convictions free from political influence. They believe this independence will result in fairer evaluations, promoting restorative justice. Proponents also argue that addressing wrongful convictions early can ultimately save taxpayer money by reducing costs associated with prolonged wrongful imprisonment.

Opponents view

Critics argue that the creation of this new commission may not be cost-effective and could lead to bureaucratic delays in addressing applications. Concerns about the financial implications of maintaining an independent body arise, as the commission will require substantial funding. Additionally, skeptics point out that the commission could become overwhelmed with applications, leading to longer timelines for justice rather than expediting the process, contradicting its intended purpose of facilitating efficient resolutions.

Original Bill

Votes

Vote 827

That Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews), as amended, be concurred in at report stage.

For (63%)
Against (36%)
Paired (1%)
Vote 811

That, in relation to Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews), not more than five further hours shall be allotted to the consideration at report stage and five hours shall be allotted to the consideration at third reading stage of the bill; and That, at the expiry of the five hours provided for the consideration at report stage and at the expiry of the five hours provided for the consideration at third reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this order, and, in turn, every question necessary for the disposal of the said stage of the bill then under consideration shall be put forthwith and successively, without further debate or amendment.

For (52%)
Against (47%)
Paired (1%)
Vote 826

The information is not available at this time.

For (36%)
Against (63%)
Paired (1%)