Criminal Code — C-46 3
2002, c. 13, s. 71 3 Part XXI.1 of the Act is replaced by the following: PART XXI.1 Miscarriage of Justice Reviews Definitions Definitions 696.1 The following definitions apply in this Part. 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 means the Miscarriage of Justice Review Commission established under subsection 696.71(1). ( Commission ) 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