5. Infographic

Infographic: Establishing a Miscarriage of Justice Review Commission: proposed changes to the review process
Infographic: Establishing a Miscarriage of Justice Review Commission: proposed changes to the review process
Infographic: Establishing a Miscarriage of Justice Review Commission: proposed changes to the review process – Text version
Current ministerial review process Proposed commission-led process
Decision Maker Minister of Justice Independent CommissionComprised of 5-9 commissioners, including the Chief Commissioner, appointed by the Governor in Council.At least one third, but no more than half, would need to be lawyers. Appointments would reflect Canada’s diversity, including Indigenous and Black members.
Structure Minister of Justice, supported by the Department of Justice Canada Criminal Conviction Review Group (CCRG) and with advice from the Special Advisor on Wrongful Convictions. External to the Department of JusticeThe independent commission would not be part of the Department of Justice and would be supported by its own staff and, when needed, external experts.
Admissibility Criteria Provided that applicants have first exhausted their rights of appeal, the Minister may review miscarriage of justice applications in relation to convictions:
  • under federal criminal and regulatory offences; and
  • dangerous and long-term offender findings.
 Clarification of criteriaVerdicts of not criminally responsible on account of mental disorder would be added. The legislation also clarifies that guilty pleas, absolute and conditional discharges, and findings of guilt under the Youth Criminal Justice Act are included.The existing requirement to first exhaust rights of appeal would be clarified to explain that applicants must have at least appealed their conviction or finding to the court of appeal and exceptions can be made if an appeal was not made to the Supreme Court of Canada.
Investigative Powers Same as commissioner of an inquiry. Same as commissioner of an inquiry.
Referral Test Miscarriage of justice likely occurred. New testMiscarriage of justice may have occurred and it is in the interest of justice.
Remedies New trial or new appeal.Minister of Justice does not decide on guilt or innocence; this is decided by the courts. New trial or new appeal.The legislation clarifies that if the applicant is deceased, only a referral for a new appeal could be made.The commission would not decide on guilt or innocence; this would be decided by the courts.