Criminal Code (R.S.C., 1985, c. C-46)

AMENDMENTS NOT IN FORCE

• — 2015, c. 16, s. 3

  • 3 The Act is amended by adding the following after section 279.04:

    • Sentences to be served consecutively

      279.05 A sentence imposed on a person for an offence under sections 279.01 to 279.03 shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

• — 2018, c. 16, s. 190

  • Bill C-28

    190 If Bill C-28, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (victim surcharge), receives royal assent, then, on the first day on which both subsection 2(1) of that Act and section 222 of this Act are in force, subsection 737(1) of the Criminal Code is replaced by the following:

    • Victim surcharge

      • 737 (1) Subject to subsection (1.1), an offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.

• — 2018, c. 21, ss. 51(1), (2)

  • Bill C-39

    • 51 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.

    • (2) If subsections 7(1) and (3) of this Act come into force before subsections 10(3) and (4) of the other Act, then those subsections 10(3) and (4) are deemed never to have come into force and are repealed.

• — 2018, c. 29, s. 79

  • Bill C-39

    • 79 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.

    • (2) If section 66 of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.

• — 2018, c. 29, s. 80

  • Bill C-337

    • 80 (1) Subsection (2) applies if Bill C-337, introduced in the 1st session of the 42nd Parliament and entitled the Judicial Accountability through Sexual Assault Law Training Act (in this section referred to as the other Act), receives royal assent.

    • (2) On the first day on which both section 25 of this Act and section 5 of the other Act are in force, section 278.92 of the Criminal Code, as enacted by section 5 of the other Act, is renumbered as section 278.98 and is repositioned accordingly.

• — 2021, c. 2, s. 1(2.1)

  • • 1 (2.1) Subsection 241.2(2.1) of the Act is repealed.

• — 2023, c. 28, s. 35

  • 35 Section 743.2 of the Act is replaced by the following:

    • Report by court to Correctional Service

      743.2 A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, any other information relevant to administering the sentence or committal and the name and contact information for any victim who wishes to receive information under the Corrections and Conditional Release Act.

• — 2024, c. 33, s. 2

  • 2002, c. 13, s. 66

    2 Subsection 679(7) of the Criminal Code is replaced by the following:

    • Release or detention — miscarriage of justice review

      (7) If the Miscarriage of Justice Review Commission established under subsection 696.71(1) notifies a person under subsection 696.4(5) that their application for review is admissible, this section applies to the release or detention of that person — as though that person were an appellant in an appeal described in paragraph (1)(a) — pending the completion of the review, pending a new trial or hearing directed by the Commission or pending the hearing and determination of a matter referred by the Commission to the court of appeal.

• — 2024, c. 33, s. 3

  • 2002, c. 13, s. 71

    3 Part XXI.1 of the Act is replaced by the following:

    PART XXI.1Miscarriage of Justice Reviews

    Definitions

    • Definitions

      696.1 The following definitions apply in this Part.

      applicant

      applicant, in relation to a miscarriage of justice review application, means the person who is the subject of the finding or verdict in question. (demandeur)

      Commission

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

      court of appeal

      court of appeal means the court of appeal for the province in which the matter that is the subject of the application was heard. (cour d’appel)

    Application for Review

    • Application for review

      • 696.2 (1) An application for a review on the grounds of miscarriage of justice may be made to the Commission by or on behalf of

        • (a) a person who has been found guilty of an offence under an Act of Parliament or a regulation made under an Act of Parliament, including a person found guilty under the Youth Criminal Justice Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, a person whose plea of guilty has been accepted and a person who has been discharged under section 730;

        • (b) a person who has been found to be a dangerous offender or long-term offender under Part XXIV; or

        • (c) a person who has been the subject of a verdict of not criminally responsible on account of mental disorder under section 672.34.

      • Exhaustion of appeal rights

        (2) For the purposes of subsection 696.4(3), the application must include information indicating whether the person’s rights to appeal the finding or verdict have been exhausted and, if they have not been exhausted, information relevant to the factors referred to in subsection 696.4(4).

    Review

    • Handling of application

      • 696.3 (1) The Commission must deal with an application as expeditiously as possible and provide the applicant with an update concerning the status of their application on a regular basis.

      • Applicant representative

        (2) If a provision of this Part provides that the Commission must notify an applicant or provide them with any information, the notice or information may be provided to a representative of the applicant in addition to or instead of the applicant.

    • Decision on admissibility

      • 696.4 (1) On receipt of an application, the Commission must decide whether it is admissible.

      • Inadmissible application

        (2) The Commission must dismiss the application as inadmissible if it is made by or on behalf of a person who is not described in subsection 696.2(1).

      • Inadmissible application — appeal rights

        (3) The Commission must dismiss the application as inadmissible if

        • (a) the court of appeal has not rendered a final judgment on appeal of the finding or verdict; or

        • (b) an appeal of the finding or verdict lies to the Supreme Court of Canada on a question of law.

      • Exception

        (4) Despite subsection (3), the Commission may decide that the application is admissible even if the finding or verdict was not appealed to the court of appeal or the Supreme Court of Canada. In making the decision, the Commission must take into account

        • (a) the amount of time that has passed since the final judgment of the trial court;

        • (b) the reasons why the finding or verdict was not appealed to the court of appeal or the Supreme Court of Canada;

        • (c) whether it would serve a useful purpose for an application to be made for an extension of the period within which a notice of appeal or a notice of application for leave to appeal, as the case may be, to the court of appeal or the Supreme Court of Canada may be served and filed;

        • (d) whether the application is supported by a new matter of significance that

          • (i) was not considered by the courts or previously considered by the Commission in an application in relation to the same finding or verdict,

          • (ii) requires investigation, and

          • (iii) does not raise only a question of law; and

        • (e) any other factor that it considers relevant.

      • Notice

        (5) The Commission must notify the applicant and the relevant Attorney General of its decision regarding the admissibility of the application.

    • Investigation

      • 696.5 (1) If the Commission has reasonable grounds to believe that a miscarriage of justice may have occurred or considers that it is in the interests of justice to do so, it may conduct an investigation in relation to an application.

      • Notice

        (2) The Commission must send a notice to the applicant and to the relevant Attorney General indicating whether an investigation will be conducted. If the notice indicates that no investigation will be conducted, the notice must also specify a reasonable period within which the applicant and the Attorney General may provide further information to the Commission in relation to the application.

      • Decision after notice

        (3) The Commission may make a decision under section 696.6 without having conducted an investigation only if the period specified in the notice has ended.

      • Powers

        (4) For the purposes of an investigation, the Commission has the powers of a commissioner under Part I of the Inquiries Act.

      • Authorization

        (5) The Commission may, on the terms it considers appropriate, authorize any of its employees, or a person under contract to it who has technical or specialized knowledge, to exercise the Commission’s powers referred to in subsection (4).

      • Investigation report

        (6) The Commission must, after completing an investigation, prepare a report and provide a copy of it to the applicant and the relevant Attorney General.

      • Deadline to respond

        (7) The report must specify a reasonable period within which a written response may be provided to the Commission.

      • Decision after investigation

        (8) After completing the investigation, the Commission may make a decision under section 696.6 only if, within the period specified in the report, it has received either written responses or written confirmation that no responses will be provided by or on behalf of the applicant and by the relevant Attorney General or if that period has ended.

    • Decision

      • 696.6 (1) On completion of a review, the Commission must make, under this section, a decision on the application.

      • Remedies

        (2) If the Commission has reasonable grounds to conclude that a miscarriage of justice may have occurred and considers that it is in the interests of justice to do so, it must

        • (a) direct a new trial before any court that the Commission thinks proper or, in the case of an applicant who was found to be a dangerous offender or long-term offender under Part XXIV, a new hearing under that Part; or

        • (b) refer the matter to the court of appeal for a hearing and determination by that court as if it were an appeal by the applicant.

      • Dismissal of application

        (3) If the Commission does not grant a remedy under subsection (2), it must dismiss the application.

      • Deceased applicant

        (4) If the applicant is deceased, the Commission may only refer the matter to the court of appeal under paragraph (2)(b) or dismiss the application.

      • Factors

        (5) In making its decision, the Commission must take into account

        • (a) whether the application is supported by a new matter of significance that was not considered by the courts or previously considered by the Commission in an application in relation to the same finding or verdict;

        • (b) the relevance and reliability of the information that is presented in connection with the application;

        • (c) the fact that an application is not intended to serve as a further appeal and that the remedies set out in subsection (2) are extraordinary remedies;

        • (d) the personal circumstances of the applicant;

        • (e) the distinct challenges that applicants who belong to certain populations face in obtaining a remedy for a miscarriage of justice, with particular attention to the circumstances of Indigenous or Black applicants; and

        • (f) any other factor that it considers relevant.

      • Innocence

        (6) For greater certainty, the Commission may grant a remedy under subsection (2) even if the evidence does not establish the innocence of the applicant.

      • Notice

        (7) The Commission must notify the applicant and the relevant Attorney General of its decision.

    Court of Appeal Opinion

    • Reference

      696.61 The Commission may, at any time, refer to the court of appeal, for its opinion, any question in relation to an application on which the Commission desires the assistance of that court, and the court must provide its opinion accordingly.

    Parliamentary Review

    • Review of this Part and Part XXI.2

      696.62 As soon as feasible after the fifth anniversary of the day on which this section comes into force and every ten years after that, a review of this Part and Part XXI.2 and of their administration and operation is to be commenced by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

• — 2024, c. 33, s. 5

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

    applicant

    applicant has the same meaning as in section 696.1. (demandeur)

• — 2024, c. 33, s. 6

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

    • Mandate

      696.72 The Commission’s mandate is to review applications made under Part XXI.1 on the grounds of miscarriage of justice.

• — 2024, c. 33, s. 7

  • 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)

• — 2024, c. 33, s. 8

  • 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.

• — 2024, c. 33, s. 9

  • 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.

• — 2024, c. 33, s. 10

  • 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.

    • 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.

    • 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.

• — 2024, c. 33, s. 11

  • 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.

• — 2024, c. 33, s. 12

  • Consent irrevocable

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

• — 2024, c. 33, s. 13

  • 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.