Order Amending the National Security and Intelligence Review Agency Act Deputy Heads of the Federal Public Administration Order: SI/2025-56
Canada Gazette, Part II, Volume 159, Number 7
Registration
SI/2025-56 March 26, 2025
NATIONAL SECURITY AND INTELLIGENCE REVIEW AGENCY ACT
P.C. 2025-292 March 6, 2025
Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice makes the annexed Order Amending the National Security and Intelligence Review Agency Act Deputy Heads of the Federal Public Administration Order under paragraph 55(b) of the National Security and Intelligence Review Agency Act footnote a.
Order Amending the National Security and Intelligence Review Agency Act Deputy Heads of the Federal Public Administration Order
Amendment
| Column 1 Portion of the federal public administration |
Column 2 Position |
|---|---|
Miscarriage of Justice Review Commission |
Chief Commissioner |
Coming into Force
2 This Order comes into force on the day on which it is made.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
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 as a Portion of the public service of Canada in Column I, and the Chief Commissioner as the Position in Column II, of the Schedule to that Order.
Objective
This Order is being made as a consequence of the coming into force of sections 1 and 4 and 14 to 18 of the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law), which establish the Miscarriage of Justice Review Commission. Section 15 of that Act adds the Miscarriage of Justice Review Commission as a new division or branch of the federal public administration in Schedule I.1 to the Financial Administration Act. Given that a division or branch of the federal public administration falls under the definition of a “department” for the purposes of the National Security and Intelligence Review Agency Act, this Order is being made to add the Miscarriage of Justice Review Commission and the Chief Commissioner under Columns I and II, respectively, of the Schedule to the National Security and Intelligence Review Agency Act Deputy Heads of the Federal Public Administration Order.
Background
The National Security and Intelligence Review Agency Act provides the National Security and Intelligence Review Agency with the mandate to review, among other things, any activity carried out by a department that relates to national security or intelligence. As a new division or branch of the federal public administration, the Miscarriage of Justice Review Commission will be a “department” for the purposes of the National Security and Intelligence Review Agency Act, and therefore, fall under its potential ambit of review.
The reforms in the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) replace the existing ministerial miscarriage of justice review process in Part XXI.1 of the Criminal Code with an independent Commission-led process to review, investigate, and decide which criminal cases should be returned to the justice system due to a potential miscarriage of justice. Only certain parts of the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) are being brought into force, i.e., those that establish the Miscarriage of Justice Review Commission as a new federal institution and allow other necessary implementation steps to be taken to prepare the Commission before the launch into operation. Ensuring that the Miscarriage of Justice Review Commission is added into the schemes of other Acts, including the National Security and Intelligence Review Agency Act, is part of the current implementation plan. The next phase of the implementation plan will include the appointment of commissioners, the hiring of staff, the development of procedural policies and putting in place financial and operational systems. The amended Part XXI.1 of the Criminal Code, which contains the powers to review, investigate and decide which matters should be referred back to the courts for a new trial or appeal, will be brought into force separately at a later time, once the Commission is ready to be fully operational and start receiving applications.
Implications
Applications for a review on the grounds of potential miscarriage of justice may be made to the new Miscarriage of Justice Review Commission, once fully operational, in relation to a finding of guilt for an offence under a federal Act or regulation, a dangerous offender or long-term offender designation under Part XXIV of the Criminal Code, or a verdict of not criminally responsible on account of mental disorder under section 672.34 of the Criminal Code. In the course of a review or investigation conducted under its mandate, it is possible that the Miscarriage of Justice Review Commission may come into possession or review information or evidence that relates to national security or intelligence.
Paragraph 8(1)(b) of the National Security and Intelligence Review Agency Act provides that the National Security and Intelligence Review Agency has the mandate to “review any activity carried out by a department that relates to national security or intelligence.” Should the Miscarriage of Justice Review Commission receive information or evidence that relates to national security or intelligence in the context of a miscarriage of justice review application made under Part XXI.1 of the Criminal Code, the activities of the Commission could thus fall under the mandate of the National Security and Intelligence Review Agency. The Miscarriage of Justice Review Commission will have similar powers of investigation as a commission of inquiry under the Inquiries Act; for example, the power to compel the production of information and evidence and require witnesses to testify under oath.
While section 696.82 of the Criminal Code requires the Miscarriage of Justice Review Commission to carry out its mandate in a transparent manner, it also requires it to protect confidential information and to comply with the requirements under the Access to Information Act, the Privacy Act, and Treasury Board policies and directives for the secure handling, storage, transportation and transmission of information and documents.
This Order in Council will be brought into force on the day it is made, and would align with the coming into force of the provisions to Bill C-40 needed to support the establishment of the Commission.
Consultations
The Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) resulted from extensive consultations with provinces and territories, stakeholders, organizations, communities, legal practitioners, and existing commissions in other countries.
Contact
Julie Besner
Senior Counsel
Public Law and Legislative Services Sector
Justice Canada
343‑571‑7944
julie.besner@justice.gc.ca