Prime Minister Justin Trudeau’s Liberal government just got even softer on crime — the Criminal Code amendment passed Thursday night in the Senate. A commission where no more than half its members are allowed to be lawyers will hear applications for the overturning of criminal sentences.The Liberals amended Criminal Code Bill C-40 to establish a “diverse” commission that would have the power to repeal court rulings and order retrials — the same power the attorney general had before. The Miscarriage of Justice Review Commission Act appoints a board of unelected appointees who would be handed sweeping powers to override judiciary decisions. .House bill to establish DEI commission to repeal legal decisions in third reading in Senate.The commission specifically seeks “diversity” and has a whole section based on that premise.“In making recommendations for commissioner appointments, the justice minister must seek to reflect the diversity of Canadian society,” reads the legislation.The commission “must take into account considerations such as gender equality and the overrepresentation of certain groups in the criminal justice system, including indigenous peoples and black persons.”All members of the commission must, according to the “opinion” of the Governor in Council, have “knowledge and experience” related to the commission’s mandate, which “is to review applications … on the grounds of miscarriage of justice.”“At least one third of the commissioners, including the Chief Commissioner, must be members in good standing of the bar of a province and have at least ten years’ experience in the practice of criminal law at the time of their appointment,” reads the bill.But, to achieve “diversity of qualifications,” “at least one half of the commissioners must not” be as described above..The Trudeau Liberals have long been releasing legislations to incrementally make life easier for criminals, including bail reform, slashing mandatory minimum sentences for violent crimes and approving child killers to serve their sentence in indigenous healing centers or be transferred to medium-security correctional facilities.“Bill C-40 would replace the existing ministerial review process for miscarriages of justice under the Criminal Code,” states a release from Justice Minister Arif Virani and the Government of Canada.“In its place, it would establish an independent body with a mandate to review applications that are brought before it for reviews of findings and verdicts on the grounds of miscarriage of justice.”“The commission would remove barriers to access for potential applicants, including indigenous peoples, black persons and members of marginalized communities.”The commission would be composed of a full-time Chief Commissioner and four to eight other full-time or part-time commissioners, and, in recommending these appointments, the justice minister must “seek to reflect the diversity of Canadian society and to take into account considerations such as gender equality and the overrepresentation of certain groups in the criminal justice system, including indigenous peoples and black persons.”.‘WONDERFUL RANGE’: Justice minister pleased with sentencing options Bill C-63 allows judges . “The Commission would be authorized to direct a new trial or hearing or to refer a matter to the court of appeal if it 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,” reads the statement.“In reaching decisions, the commission would take into account, among other factors, 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.”“In reviewing the bill, the Minister of Justice has not identified any potential inconsistencies between this provision and the principles of fundamental justice.”.The Government of Canada in a separate statement wrote, “The passing of Bill C-40 will constitute a transformational and historic moment for the advancement of equity for women and gender-diverse people, and especially so for Indigenous women and gender-diverse people.”“This would include considering the specific personal factors of the applicant as well as 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 and black applicants.”
