Introduction of a bill to establish a Judicial System Error Review Commission

The Jeune Barreau de Montréal (" JBM ") welcomes the tabling of Bill C-40, An Act to amend the Criminal Code and to make consequential amendments to other Acts and to repeal regulations (review of miscarriages of justice), in the House of Commons (the "Bill").other Acts in consequence and repealing a regulation (review of miscarriages of justice), to the House of Commons (the " Bill "). This Bill, known as the David and Joyce Milgaard Act, provides for the creation of an Independent Justice System Error Review Commission, which will be responsible forThis will provide a new, faster and more effective way for the wrongly accused to establish their innocence.

It is clear that the current system of ministerial review of miscarriages of justice has shortcomings that restrict access to justice for the wrongly convicted. Indeed, waiting times are particularly long and, in most cases, decisions are made on the basis of evidence provided by applicants, without any independent investigation being carried out. The onus is therefore on the claimant to prove that he or she has been wrongly convicted. As a result, many innocent people are denied access to justice outright. Bill C-40 addresses these shortcomings by creating a Judicial System Error Review Commission composed of 5 to 9 commissioners, whose mission will be to undertake an inquiry into the merits of claims, including the search for new evidence.

The JBM is delighted with the introduction of this bill, which is directly in line with its dual mission of accessibility to justice. In this respect, the JBM welcomes the multiplication of tools to reduce delays, which will greatly assist other organizations already working hard on this type of case.

The JBM also highlights the Bill's proposal that the appointment of commissioners should reflect Canada's diversity and take into account the over-representation of certain groups in the criminal justice system, such as Aboriginal, Black and racialized Canadians [1].

[1 ] Section 696.‍73 of the Bill.

About the JBM

Founded in 1898, the JBM brings together lawyers with ten years' practice or less in Montreal.
6,000 members, representing one-third of the lawyers called to the Montreal Bar. It is therefore
one of the largest associations of young lawyers in the world, in terms of numbers for a single city.
city alone. Its mission is twofold. First, it defends and promotes the interests of its members.
members. On the other hand, it provides legal information services to the public on a pro bono basis.
and offers a number of services to help Quebecers gain access to justice.
In August 2021, the association was awarded the Lieutenant-Governor's Medal for Exceptional Merit.
exceptional merit, "in recognition of the remarkable dynamism shown by [its] members
in the ongoing pursuit of collective well-being". To find out more about our commitments
please visit the Public Services section of our website: http: //ajbm.qc.ca.

Press contact

Adam Alaoui | Communications and Public Relations Manager

514 954-6936 | aalaoui@ajbm.qc.ca | www.ajbm.qc.ca