C-40Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)
An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews)
Government bill, introduced in the House of Commons on February 16, 2023
- Status
- Became law on December 17, 2024 · S.C. 2024, c. 33
What it does
Creates an independent commission to review miscarriage of justice applications instead of the Minister of Justice.
What it does
- Creates the Miscarriage of Justice Review Commission as an independent body with a chief commissioner and other commissioners appointed by the Governor in Council.
- Replaces the current ministerial review process, so people apply to the Commission for review of wrongful conviction and related cases instead of to the Minister of Justice.
- Gives the Commission power to investigate applications and, if it finds reasonable grounds to think a miscarriage of justice may have happened, direct a new trial or hearing or refer the matter to a court of appeal.
- Allows the Commission to provide support to applicants in need, share public information about its mandate, and adopt and publish policies for its work.
- Requires annual reports with application, decision and demographic data, and repeals the current regulation on ministerial review applications.
Who it affects
- People seeking miscarriage of justice review
- Wrongfully convicted people
- Dangerous offenders and long-term offenders
- People found not criminally responsible
- Attorney General offices
- Provincial courts of appeal
Background
The bill replaces Part XXI.1 of the Criminal Code and repeals the Regulations Respecting Applications for Ministerial Review - Miscarriages of Justice. It also makes related changes to several other Acts.
Where it is
House of Commons
First reading
Completed.
Second reading
Completed.
Committee
Completed.
Report stage
Completed.
Third reading
Completed.
Senate
First reading
Completed.
Second reading
Completed.
Committee
Completed.
Third reading
Completed.
Royal assent
Royal assent
Completed.
Introduced by a cabinet minister on behalf of the government. Government bills get set time for debate, so they are the most likely to become law. How a bill becomes law
How the House voted
Concurrence at report stage of 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)
Vote 827,
Passed
206 yeato118 nay · 2 paired
Party breakdown for vote 827 Party Position Yea Nay Did not vote Liberal Yea 151 0 4 Conservative Nay 0 118 0 Bloc Yea 29 0 3 NDP Yea 22 0 2 Green Yea 2 0 0 Independent Yea 2 0 1 Total 206 118 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) (report stage amendment)
Vote 826,
Failed
118 yeato206 nay · 2 paired
Party breakdown for vote 826 Party Position Yea Nay Did not vote Liberal Nay 0 151 4 Conservative Yea 117 0 1 Bloc Nay 0 28 4 NDP Nay 0 23 1 Green Nay 0 2 0 Independent Nay1 broke ranks 1 2 0 Total 118 206 Time allocation for 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)
Vote 811,
Passed
170 yeato152 nay · 2 paired
Party breakdown for vote 811 Party Position Yea Nay Did not vote Liberal Yea 147 0 8 Conservative Nay 0 117 1 Bloc Nay 0 32 0 NDP Yea 22 0 2 Green Nay 0 2 0 Independent Split evenly 1 1 1 Total 170 152
What MPs said
Each party’s first speech on this bill in the House, from Hansard. Excerpts are the speaker’s opening sentences, unedited.
LiberalDavid Lametti· June 12, 2023
“I am pleased to have the opportunity to stand in this place today and speak to Bill C-40. The title of this bill, the miscarriage of justice review commission act, or David and Joyce Milgaard's law, says a great deal about what the bill intends and why it is so important.”
Read the full speech on openparliament.caConservativeTako Van Popta· June 12, 2023
“There had been four widely reported sexual assault cases already in the city, and now a fifth one that ended with the murder of a young woman on her way to work on a cold January morning in 1969. She had been stabbed in the chest and her throat had been slashed with a knife that a city resident many years later reported as having gone missing from her kitchen.”
Read the full speech on openparliament.caBlocMaxime Blanchette-Joncas· June 6, 2024
“The bill is concrete and positive, a fact that deserves mention, considering it is not always a Liberal Party specialty. That is a rare occurrence indeed, as we know.”
Read the full speech on openparliament.caNDPHeather McPherson· June 6, 2024
“I rise this evening to speak in support of Bill C-40, an act to amend the Criminal Code. This miscarriage of justice bill represents a critical step in our ongoing efforts to reform the criminal justice system and to address the systemic inequities that have long plagued it, particularly for indigenous people, racialized communities and marginalized Canadians.”
Read the full speech on openparliament.ca
Read the source
LEGISinfo status: Royal assent received. Bill data from LEGISinfo, votes from openparliament.ca and the House of Commons. Last updated October 13, 2026.