Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) (S.C. 2024, c. 33)

5 The definition applicant in section 696.7 of the Act is replaced by the following:

6 Section 696.72 of the Act is replaced by the following:

Transitional Provisions

Marginal note:Definitions

7 The following definitions apply in this section and sections 8 to 13.

applicant

applicant means the person who is the subject of the finding or verdict in question or their representative. (demandeur)

commencement day

commencement day means the day on which section 3 comes into force. (date de référence)

Commission

Commission means the Miscarriage of Justice Review Commission established under subsection 696.71(1) of the Criminal Code. (Commission)

Minister

Minister means the Minister of Justice. (ministre)

new scheme

new scheme means Part XXI.1 of the Criminal Code as it reads on or after the commencement day. (nouveau régime)

old scheme

old scheme means Part XXI.1 of the Criminal Code and the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice as they read immediately before the commencement day. (ancien régime)

Marginal note:Duty of Minister

8 If an application was made under the old scheme and the Minister has not, before the commencement day, made a decision under subsection 696.3(3) of the Criminal Code, as it read immediately before that day, the Minister must ask the applicant whether they consent to having the application transferred to the Commission to be dealt with in accordance with the new scheme.

Marginal note:Consent within deadline

9 If the applicant gives, within the time limit fixed by the Minister, written consent to transfer the application, the application is deemed to have been made to the Commission under the new scheme and the Minister is authorized to disclose to the Commission all information pertaining to the application that is under the Minister’s control.

Marginal note:No consent

• 10 (1) If the applicant, within the time limit fixed by the Minister, does not reply in writing to the Minister or gives a written refusal of consent to transfer the application, subsection (2) or (3) applies.

• Marginal note:Preliminary assessment completed

  (2) If, before the commencement day, the Minister completed the preliminary assessment of the application required under paragraph 3(b) of the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice, the old scheme continues to apply in respect of the application.

• Marginal note:Preliminary assessment not completed

  (3) If the Minister did not complete the preliminary assessment before the commencement day, the application is deemed not to have been made and the applicant may apply to the Commission under the new scheme.

Marginal note:Late consent

11 An application is deemed to have been made to the Commission under the new scheme and the Minister is authorized to disclose to the Commission all information pertaining to the application that is under the Minister’s control if

• (a) the applicant gives, after the time limit fixed by the Minister, written consent to transfer the application;

• (b) the Minister completed the preliminary assessment required under paragraph 3(b) of the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice before the commencement day; and

• (c) the Minister receives the consent before having made, under subsection 10(2) of this Act, a decision under subsection 696.3(3) of the Criminal Code, as it read immediately before the commencement day.

Marginal note:Consent irrevocable

12 Consent that is given in accordance with section 9 or 11 is irrevocable.

Marginal note:Application dismissed by Minister

13 For greater certainty, the fact that the Minister dismissed an application under the old scheme does not prevent the applicant from applying under the new scheme.

Consequential Amendments

R.S., c. A-1Access to Information Act

14 Schedule I to the Access to Information Act is amended by adding the following, in alphabetical order, under the heading “Other Government Institutions”:

R.S., c. F-11Financial Administration Act

15 Schedule I.1 to the Financial Administration Act is amended by adding, in alphabetical order in column I, a reference to

and a corresponding reference in column II to “Minister of Justice”.

16 Schedule IV to the Act is amended by adding the following in alphabetical order:

R.S., c. P-21Privacy Act

17 The schedule to the Privacy Act is amended by adding the following, in alphabetical order, under the heading “Other Government Institutions”:

R.S., c. P-36Public Service Superannuation Act

18 Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

Repeal

Marginal note:SOR/2002-416

19 The Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice are repealed.

Coming into Force

Marginal note:Order in council

20 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.