Summary#

This bill creates an independent Miscarriage of Justice Review Commission to replace the current minister-led process for reviewing possible wrongful convictions. It sets out who can apply, how reviews work, what powers the Commission has to investigate, and what remedies it can order. It also requires public reporting, outreach, and supports for applicants in need. The law comes into force on a date set by the Governor in Council.

• Creates an arm’s‑length Commission with a Chief Commissioner and 4–8 other commissioners (s. 696.71(1), Part XXI.2).
• Lets eligible people apply for a review; the Commission can investigate and either direct a new trial/hearing or refer the case to a court of appeal (Part XXI.1 — Decision; Remedies).
• Allows interim release rules to apply once an application is found admissible, similar to an appeal (Criminal Code s. 679(7)).
• Authorizes supports for applicants in need, including translation, basic necessities, and help getting legal assistance (s. 696.84(1)–(2)).
• Requires published policies, decisions (with safeguards), and annual reports with disaggregated data and timelines (Part XXI.2 — Policies; Annual Report).
• Includes a 5‑year parliamentary review and then every 10 years (Part XXI.1 — Parliamentary Review).

What it means for you#

• Households and families

  • If a family member has a conviction or certain related findings, they can apply for a review to an independent body rather than the Minister of Justice. The Commission must give regular status updates (Part XXI.1 — Review; Handling of application).
  • If the person has an admissible application, they may seek release from custody while the review or any new hearing proceeds, under the usual bail-on-appeal rules (Criminal Code s. 679(7)).

• People convicted or found not criminally responsible

  • Who is eligible: people found guilty under federal law (including youth cases and guilty pleas), those discharged under s. 730, people designated dangerous or long‑term offenders, and people found not criminally responsible on account of mental disorder (Part XXI.1 — Application for review).
  • Appeals first: applications are normally inadmissible if a final appeal decision is still possible, but the Commission can accept earlier in limited cases (e.g., significant new matter, time passed, reasons for no appeal) (Part XXI.1 — Admissibility).
  • Outcomes: if there are reasonable grounds that a miscarriage of justice may have occurred and it is in the interests of justice, the Commission must direct a new trial/hearing or refer the case to the court of appeal; otherwise it must dismiss the application (Part XXI.1 — Decision; Remedies).
  • Proof standard: a remedy may be granted even if innocence is not established at this stage (Part XXI.1 — Innocence).
  • Deceased applicants: only a referral to a court of appeal or dismissal is allowed (Part XXI.1 — Deceased applicant).

• Applicants in need

  • Possible supports include referrals to community services, translation and interpretation, help with necessities like food and housing if without means, and help obtaining legal assistance to make an application or respond to an investigation report (s. 696.84(1)–(2)).

• Indigenous, Black, and other overrepresented groups

  • The Minister must seek a diverse Commission membership. The Commission must consider distinct challenges faced by certain populations, with particular attention to Indigenous and Black applicants, when deciding cases (Part XXI.2 — Commissioners; Part XXI.1 — Decision factors).

• Victims and the public

  • The Commission must publish information about its mandate and its policies; it must also publish its decisions while protecting confidential information and the proper administration of justice (Part XXI.2 — Outreach; Policies; Publication of decisions).
  • Policies must address how notices and information are provided to victims and other interested persons (Part XXI.2 — Duty to adopt certain policies).

• Correctional Service of Canada and Parole Board of Canada

  • The Commission can direct its employees to notify these bodies to ensure applicants are not blocked from programs, services, or conditional release because they applied (Part XXI.2 — Powers (a.1)).

• Lawyers and courts

  • Courts of appeal may receive referrals treated as if the applicant filed an appeal. The Commission may also ask a court of appeal for an advisory opinion on questions in a case (Part XXI.1 — Remedies; Court of Appeal Opinion Reference).
  • New trials or hearings can be directed to any proper court (Part XXI.1 — Remedies).

• Transition from the old process

  • Existing ministerial applications may be transferred to the Commission with the applicant’s consent. If no consent and the Minister’s preliminary assessment was done, the old process continues; if not done, the application is deemed not made and the person can apply anew to the Commission (Transitional Provisions).
  • A prior ministerial dismissal does not bar a new application under the new scheme (Transitional Provisions).

Expenses#

Estimated net cost: Data unavailable.

• The bill requires public funds (Royal Recommendation) to establish and operate a new federal Commission, compensate commissioners and staff, and contract services (Remuneration and Expenses; s. 696.84(1)) (Recommendation; Part XXI.2).
• Authorized spending areas:
  • Commissioner remuneration and travel (Remuneration; Expenses) (Part XXI.2).
  • Hiring employees under the Public Service Employment Act (Part XXI.2 — Staff).
  • Contracts for investigations and expert services (Part XXI.2 — Powers (d)).
  • Supports to applicants in need, including necessities and legal assistance (s. 696.84(1)–(2)).
  • Outreach, website publication, and annual reporting (Part XXI.2 — Outreach; Annual report).
• Downstream fiscal impacts:
  • Courts of appeal and trial courts may see added workload from referrals and new trials/hearings (Part XXI.1 — Remedies). Amounts: Data unavailable.
  • Correctional and parole processes may require adjustments to avoid barriers for applicants (Part XXI.2 — Powers (a.1)). Amounts: Data unavailable.
• No specific dollar amounts or multi‑year appropriations are stated in the bill. Data unavailable.

Proponents' View#

• Independence and access: Moving reviews from the Minister to an arm’s‑length Commission should improve fairness and reduce real or perceived political influence (Part XXI.2 — Commission established; Mandate).
• Faster, clearer process: Required status updates, published policies, and decision publication improve transparency and predictability for applicants and the public (Part XXI.1 — Handling of application; Part XXI.2 — Policies; Publication of decisions).
• Better fit for complex cases: The Commission has investigation powers under the Inquiries Act and can hire experts, which may uncover new information in wrongful conviction claims (Part XXI.1 — Investigation; Powers (4)–(5)).
• Safety valve on appeals: The Commission can accept applications even when appeals were not pursued if specific factors are met, which may help people who faced barriers to appealing (Part XXI.1 — Admissibility; Exception).
• Equity focus: Decision factors explicitly require attention to challenges faced by Indigenous and Black applicants, and the Commission’s composition must reflect Canadian diversity (Part XXI.1 — Decision factors; Part XXI.2 — Commissioners; Diversity).
• Practical support: Translation, basic needs, and help obtaining legal assistance can make the process accessible to low‑income and marginalized applicants (s. 696.84(2)).
• Accountability: Annual reports with disaggregated data, outcomes, and timelines, plus a parliamentary review after 5 years, create clear public oversight (Part XXI.2 — Annual report; Part XXI.1 — Parliamentary Review).

Opponents' View#

• Cost and growth of bureaucracy: A new federal body with commissioners, staff, contractors, and applicant supports will add ongoing costs; the bill provides no cost cap or estimate (Part XXI.2 — Remuneration; Powers; s. 696.84(2)). Amounts: Data unavailable.
• Finality and court burden: Allowing referrals and new trials may increase court workloads and prolong litigation, affecting victims and witnesses and straining provincial justice resources (Part XXI.1 — Remedies). Quantitative impact: Data unavailable.
• Public safety and detention concerns: Treating admissible applicants like appellants for interim release could increase releases of serious offenders pending review (Criminal Code s. 679(7)). The bill does not set added safeguards beyond existing bail criteria.
• Low threshold for intervention: The Commission may grant a remedy without proof of innocence, which some view as too low and potentially disruptive to settled verdicts (Part XXI.1 — Innocence; Decision; Remedies).
• Policy oversight: Commission policies are not statutory instruments, limiting external scrutiny before they take effect (Part XXI.2 — Statutory Instruments Act (4)).
• Overlap with social services: Funding necessities like food and housing for applicants may duplicate provincial programs and create uneven support across applicants (s. 696.84(2)(c)). Coordination requirements are not specified (Data unavailable).
• Transition complexity: Split pathways for legacy cases (consent to transfer, preliminary assessments, late consent) may cause confusion or delay for applicants and counsel (Transitional Provisions).