Skip to main content
Start of content

JUST Committee Report

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

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)
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.