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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 89
Tuesday, December 12, 2023, 4:00 p.m. to 5:33 p.m.
Webcast
Presiding
Lena Metlege Diab, Chair (Liberal)

House of Commons
• Sophia Nickel, Procedural Clerk
• Jacques Maziade, Legislative Clerk
• Jean-François Pagé, Legislative Clerk
 
Library of Parliament
• Lyne Casavant, Analyst
• Dana Phillips, Analyst
Department of Justice
• Julie Besner, Senior Counsel, Public Law and Legislative Services Sector
• Shannon Davis-Ermuth, Acting General Counsel and Director
Pursuant to the order of reference of Wednesday, June 21, 2023, the committee resumed consideration of Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews).

The witnesses answered questions.

The committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 2 of the Bill.

Clause 2 carried.

On Clause 3,

Randall Garrison moved, — That Bill C-40, in Clause 3, be amended

(a) by replacing line 35 on page 2 with the following:

“tion relevant to any factors that the applicant believes should be taken into account for the purposes of subsection”

(b) by replacing line 22 on page 3 to line 8 on page 4 with the following:

“(4) Despite paragraph (3)(a), the Commission may decide that the application is admissible even if a court of appeal has not rendered a final judgment on a finding or verdict. In making the decision, the Commission may take into account any factor that may have constrained the applicant's ability or opportunity to appeal the finding or verdict.”

Debate arose thereon.

At 5:33 p.m., the committee adjourned to the call of the Chair.



Jean-François Lafleur
Clerk of the committee