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Bill C-40
- At report stage in the House of Commons
- Read Bill |
- Government Page
- This bill establishes an independent body called the Miscarriage of Justice Review Commission that replaces the review process in the Criminal Code for finding and verdicts on the grounds of miscarriage of justice. The Commission is given powers of investigation and may direct a new trial or hearing or refer a matter to the court of appeal if it has reasonable grounds to conclude that a miscarriage of justice may have occurred. The Commission is also authorized to provide supports to applicants in need and to provide the public with information about its mandate and miscarriages of justice. Lastly, the bill requires the Commission to make and publish policies and to present and publish annual reports that include demographic and performance measurement data.
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SteelmanSpren in Favour
- onsidered by the Commission in relation to the same finding or verdict, and whether that matter raises questions of fact or law that are material to the outcome of the case; (b) the seriousness of the offence in question; (c) the impact of the miscarriage of justice on the individual, the victim, and the public; (d) the length of time that has elapsed since the original conviction; (e) any new evidence or scientific advances that may have a bearing on the case; (f) the fairness of the original trial, including the conduct of the prosecutor and the defense counsel; (g) any systemic issues or patterns of discrimination that may have influenced the outcome of the case; (h) any action taken by the courts or the Crown since the original conviction to address the possibility of a miscarriage of justice; (i) the potential cost and disruption of any remedy that may be granted; and (j) any other relevant factors. By establishing an ind
SteelmanSpren Against
- This bill may lead to a significant increase in costs for the criminal justice system, as a new independent body will have to be established and maintained. Additionally, the process for reviewing cases may become more complicated and time-consuming, potentially causing delays in the justice system. The new Commission may also lack accountability, as it will not be subject to the same level of oversight as the Minister of Justice. Moreover, the proposed policies for supporting applicants in need may not be realistic or feasible. Overall, this bill may not be the most effective way to address miscarriages of justice and may create unnecessary complications for the criminal justice system.
House Committee
- Report 19 presented to the House
In accordance with its Order of Reference of Wednesday, June 21, 2023, your committee has considered 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), and agreed on Thursday, February 1, 2024, to report it with the following amendments: Clause 3
That Bill C-40, in Clause 3, be amended
(a) by replacing line 22 on page 3 with the following:
“(4) Despite subsection (3), the Commission may de‐”
(b) by replacing line 24 on page 3 with the following:
“or verdict was not appealed to the court of appeal or the Supreme Court of”
(c) by replacing line 28 on page 3 with the following:
“judgment of the trial court;”
(d) by replacing line 30 on page 3 with the following:
“pealed to the court of appeal or the Supreme Court of Canada;”
(e) by replacing line 35 on page 3 with the following:
“court of appeal or the Supreme Court of Canada may be served and filed;”
Clause 4
That Bill C-40, in Clause 4, be amended
(a) by replacing line 26 on page 7 with the following:
“696.72 The Commission’s mandate is to
(a) review applica‐”
(b) by adding after line 30 on page 7 the following:
“(b) make recommendations to address systemic issues that may lead to miscarriages of justice to relevant public authorities and bodies, including the Law Commission of Canada, federal-provincial-territorial committees and working groups, federal departments and agencies and parliamentary committees.”
That Bill C-40, in Clause 4, be amended by adding after line 3 on page 11 the following:
“(a.1) direct employees to notify the Correctional Service of Canada and the Parole Board of Canada of the importance of ensuring that applicants and potential applicants do not experience barriers to or exclusion from programs, services or conditional release processes as result of making an application for a review on the grounds of a miscarriage of justice;”
Your committee has ordered a reprint of Bill C-40, as amended, as a working copy for the use of the House of Commons at the report stage. A copy of the relevant Minutes of Proceedings (Meetings Nos. 81, 83 to 85, 87 to 90 and 92) is tabled.
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House Debates
House Committee
- Thu Feb 01, 2024 08:17AM
- Read
- Hear!
- Rabble!
House Debates
House Committee
- Thu Dec 14, 2023 03:37PM
- Read
- Hear!
- Rabble!
House Committee
- Report 12 concurred in by the House
That the committee report to the House that it firmly denounces the Taliban and rejects any recognition or legitimization of their control over Afghan territory. In particular, the committee denounces the Taliban system of gender discrimination, systemic violence targeting minority communities, reprisals against former members of the Afghan National Security and Defence Forces, attacks on freedom of the press, and other violations of fundamental human rights. The committee believes that the Taliban must remain a listed terrorist organization. A copy of the relevant Minutes of Proceedings (Meetings No. 68) is tabled.
- Hear!
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House Committee
- Thu Dec 07, 2023 03:33PM
- Read
- Hear!
- Rabble!
House Committee
- Report 18 presented to the House
That the committee report to the House the following common sense measures to protect our people:
- Designate the IRGC as a terrorist entity under the Criminal Code and expel the estimated 700 Iranian agents operating in Canada.
- Establish a Foreign Influence Registry.
- Evaluate Canada’s threat assessment in light of UK travel advisory.
- Remove red tape and speed up access to the Security Infrastructure Program to protect communities at risk.
- Create an Anti-Hate Crime Task Force to coordinate the protection of faith communities.
A copy of the relevant Minutes of Proceedings (Meeting No. 87) is tabled.
- Hear!
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House Committee
- Hear!
- Rabble!
House Committee
- Report 17 presented to the House
In accordance with its Order of Reference of Wednesday, June 21, 2023, your committee has considered Bill C-321, An Act to amend the Criminal Code (assaults against health care professionals and first responders), and agreed on Thursday, November 30, 2023, to report it with the following amendments: Title
That Bill C-321 be amended by replacing the long title on page 1 with the following:
“An Act to amend the Criminal Code (assaults against persons who provide health services and first responders)”
Preamble
That Bill C-321, in the preamble, be amended by
(a) replacing line 2 on page 1 with the following:
“involving violence against persons who provide health services”
(b) replacing line 4 on page 1 with the following:
“Whereas assaults on persons who provide health services and”
(c) replacing line 7 on page 1 with the following:
“And whereas persons who provide health services and first re-”
Clause 1
That Bill C-321, in Clause 1, be amended by replacing line 19 on page 1 with the following:
“the commission of the offence, a person who provides health services, including personal care services,”
Your committee has ordered a reprint of Bill C-321, as amended, as a working copy for the use of the House of Commons at the report stage. A copy of the relevant Minutes of Proceedings (Meetings Nos. 80, 84 and 86) is tabled.
- Hear!
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House Committee
- Hear!
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House Committee
- Thu Nov 30, 2023 03:50PM
- Read
- Hear!
- Rabble!
House Committee
- Tue Nov 07, 2023 04:20 - 06:00PM
- Transcript not yet availabe
- Watch
- Hear!
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House Committee
- Tue Oct 31, 2023 04:09 - 05:33PM
- Read
- Watch
- Hear!
- Rabble!
- June 21, 2023, 2 p.m.
- In Progress
- Read