Bill C-40 Introduces Changes to the Criminal Code

Bill C-40 received royal assent introducing changes to the existing ministerial review process for miscarriages of justice under the Criminal Code.

It seeks to improve access to justice by establishing a new Commission that is exclusively dedicated to miscarriage of justice reviews, making it easier and faster to review applications of potentially wrongfully convicted persons. In this, applications will be reviewed as quickly as possible, and applicants will be provided with updates as to the status of their application. Its review process will include the following steps:

  1. Determine the admissibility of the application
  2. Conduct investigations in relation to miscarriage of justice applications
  3. Decide whether to grant a remedy

If a miscarriage of justice is found, the Commission will have the authority to direct a new hearing, trial, or refer the matter to the Court of Appeal.

The Commission removes barriers to accessing justice for marginalized applicants and communities. It will consider the distinct challenges that applicants belonging to marginalized groups face when seeking a remedy for miscarriage of justice.

For more information on these amendments, read the complete government notice here.

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