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Tabled

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
Sponsor
Arif ViraniLiberal
Minister of Justice

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

Last activity Dec 17, 2024

House of Commons

  1. First reading

    Completed.

  2. Second reading

    Completed.

  3. Committee

    Completed.

  4. Report stage

    Completed.

  5. Third reading

    Completed.

Senate

  1. First reading

    Completed.

  2. Second reading

    Completed.

  3. Committee

    Completed.

  4. Third reading

    Completed.

Royal assent

  1. 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

3 recorded votes
  1. Party breakdown for vote 827
    PartyPositionYeaNay
    LiberalYea1510
    ConservativeNay0118
    BlocYea290
    NDPYea220
    GreenYea20
    IndependentYea20
    Total206118
  2. Party breakdown for vote 826
    PartyPositionYeaNay
    LiberalNay0151
    ConservativeYea1170
    BlocNay028
    NDPNay023
    GreenNay02
    IndependentNay1 broke ranks12
    Total118206
  3. Party breakdown for vote 811
    PartyPositionYeaNay
    LiberalYea1470
    ConservativeNay0117
    BlocNay032
    NDPYea220
    GreenNay02
    IndependentSplit evenly11
    Total170152

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.ca
  • ConservativeTako 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.ca
  • BlocMaxime 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.ca
  • NDPHeather 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.

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