Criminal Code — C-46 3
estigation, 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)