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C-40Royal assent received

Bill C-40 — New Law Would Review Wrongful Convictions

Wrongful Conviction Review Law

Introduced Feb 16, 2023·Last discussed Dec 17, 2024
Summary

This new proposed law changes how Canada reviews potential wrongful convictions. It creates a special group called the Miscarriage of Justice Review Commission. This group will look at cases where someone might have been wrongly convicted of a crime. The proposed law affects people who believe they were wrongly convicted. It also affects their families and the justice system as a whole. The Commission will investigate these cases faster and potentially order new trials or send the cases to a higher court. This matters because it aims to correct mistakes in the justice system. It could free innocent people and help restore faith in the legal process. The law also focuses on helping people from Indigenous and Black communities, who may face extra challenges in proving their innocence.

Bill Timeline
Introduced in the House
Feb 16, 2023
Approved in principle (House)
Jun 21, 2023
Vote to limit debate on Bill C-40Passed
170 Yea152 Nay
Jun 11, 2024
Vote to change Bill C-40Defeated
118 Yea206 Nay
Jun 17, 2024
Vote on Bill C-40 — accept committee changes?Passed
206 Yea118 Nay
Jun 17, 2024
Passed the House
Jun 19, 2024
Introduced in the Senate
Jun 19, 2024
Approved in principle (Senate)
Oct 10, 2024
Passed the Senate
Dec 12, 2024
Became law
Dec 17, 2024
Where This Lands on Key Issues

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Bill Quality
Solid

This proposed law creates an independent commission to review potential miscarriages of justice, which is a positive step. However, it leaves many specifics about the commission's operations to be determined later, and its effectiveness will depend on how well-resourced and independent the commission truly is.

Things to Watch For

  • The law does not guarantee the commission will have enough money to do its work properly.
  • The law doesn't say how the members of the commission will be chosen, which could affect its independence.
  • It's unclear how the commission will handle the large number of applications it may receive.
  • The law doesn't specify timelines for the commission to complete its reviews, which could lead to long delays.
  • The law doesn't address what happens if the commission and the courts disagree on a case.
Progress

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