Minister of Justice refers case of Wade Skiffington to the Court of Appeal for British Columbia Français

News provided by

Department of Justice Canada

Dec 19, 2022, 09:00 ET

OTTAWA, ON, Dec. 19, 2022 /CNW/ - Department of Justice Canada

The Government is committed to a fair and impartial criminal justice system that protects communities and respects the needs of victims while guarding against potential miscarriages of justice.

The Honourable David Lametti, Minister of Justice and Attorney General of Canada, announced today that following an extensive review, he has referred the case of Mr. Wade Skiffington to the Court of Appeal for British Columbia for a new appeal pursuant to the conviction review provisions of the Criminal Code.

Before deciding to order a new trial or appeal, the Minister of Justice must be satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred. Determining whether a miscarriage of justice likely occurred involves a close examination of information initially submitted in support of the application, followed by an in-depth investigation. A key consideration is whether the application is supported by new matters of significance, usually new information that has surfaced since the trial and appeal.

The Minister's decision that there is a reasonable basis to conclude that a miscarriage of justice likely occurred is the result of the identification of new information that was not before the courts at the time of Mr. Skiffington's trial or appeal. It is not a decision about the guilt or innocence of the applicant, but rather a decision to return the matter to the courts where the relevant legal issues may be determined according to the law.

In 2001, Mr. Skiffington was found guilty of second-degree murder and sentenced to life imprisonment with no eligibility for parole for 13 years. The Court of Appeal for British Columbia dismissed his appeal in 2004. In 2013, he sought and was denied leave to appeal to the Supreme Court of Canada. Having exhausted all rights of appeal, he submitted an application for criminal conviction review in 2017. In early 2019, after 17 years in custody, the B.C. Supreme Court granted him bail pending completion of his conviction review.

Quotes

"The Government of Canada is committed to ensure a reliable, impartial justice system that respects the needs of victims while protecting against potential miscarriages of justice. After a thorough review of Mr. Skiffington's case, I am satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred and that a new appeal from conviction is warranted."

The Honourable David Lametti, P.C., K.C., M.P.
Minister of Justice and Attorney General of Canada

Quick Facts

  • Section 696.1 of the Criminal Code provides that a person who has been convicted of an offence and who has exhausted all rights of appeal may apply to the Minister of Justice for a review of their conviction.
  • The Criminal Conviction Review Group of the Department of Justice conducts an investigation on behalf of the Minister of Justice. The Minister can order a new trial or appeal if satisfied that a miscarriage of justice likely occurred.
  • Additional information about the role of the Minister of Justice in the current criminal conviction review process in Canada can be found at the following link: Criminal Conviction Review Process.

Associated Links

Stay Connected

SOURCE Department of Justice Canada

Chantalle Aubertin, Press Secretary, Office of the Minister of Justice, 613-992-6568; Media Relations, Department of Justice Canada, 613-957-4207, [email protected]

Organization Profile

Department of Justice Canada