Miscarriage of Justice Commission Added to NSIRA

Summary#

The Order Amending the National Security and Intelligence Review Agency Act Deputy Heads of the Federal Public Administration Order adds the Miscarriage of Justice Review Commission and its Chief Commissioner to the list of federal bodies covered by the National Security and Intelligence Review Agency Act. The Order was published in the Canada Gazette on March 26, 2025 and comes into force on the day it is made.

What it does#

• Adds the Miscarriage of Justice Review Commission (the new federal body created by the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law)) to the Schedule of the Deputy Heads order as a portion of the federal public administration.
• Names the Chief Commissioner as the corresponding position for that entry.
• This change treats the new Commission as a “department” for the purposes of the National Security and Intelligence Review Agency Act, meaning its activities could be reviewed by that agency if they relate to national security or intelligence.
• The Order is part of steps to set up the Commission. Only some parts of the Commission’s founding law are in force now, to create the institution and allow hiring and set-up. The Commission’s full case-review powers (in amended Part XXI.1 of the Criminal Code) will be brought into force later, when it is ready to operate.

Who's affected#

• People who may one day apply to the Miscarriage of Justice Review Commission to ask for a review of a conviction. Applications will cover matters under Part XXI.1 of the Criminal Code, including convictions under federal laws, designations under Part XXIV (dangerous or long-term offender), and verdicts under section 672.34 (not criminally responsible by reason of mental disorder), once the Commission is fully operational.
• The National Security and Intelligence Review Agency, because it could review the Commission’s activities if those activities touch on national security or intelligence.
• Government departments or agencies that handle national security information that might be shared with the Commission during its reviews.
• Legal professionals, police, prosecutors, and organizations involved in wrongful-conviction work will likely notice this institutional change as the Commission is set up.
• It is unclear from this Order exactly when the Commission will begin taking applications or exercising its full powers; further steps (appointments, staffing, policy development) are still planned.

Why it matters#

• The change makes sure the new Commission is included in Canada’s national-security review framework. That matters if the Commission holds or examines information linked to national security — the National Security and Intelligence Review Agency could review how the Commission handled that information.
• It is one of the final administrative steps needed before the new, independent body that will review possible miscarriages of justice can start operating. That affects people seeking a second look at convictions and the wider justice system.
• The Order does not itself start the Commission’s case-review work. The Commission will become fully operational only after further appointments and systems are put in place and other parts of the law are brought into force.