Minister of Justice refers case to the Court of Appeal of Quebec for a new appeal following conviction review

OTTAWA, ON, Oct. 26, 2023 /CNW/ - A fair and impartial criminal justice system is one that protects communities and respects the needs of victims while guarding against potential miscarriages of justice.

The Honourable Arif Virani, Minister of Justice and Attorney General of Canada, today announced that, following an extensive review, he has referred the case of M.R. to the Court of Appeal of Quebec for a new appeal pursuant to the conviction review provisions of the Criminal Code.

The Minister of Justice determined that there is a reasonable basis to conclude that a miscarriage of justice likely occurred. This determination is a result of the identification of new information that was not before the courts at the time of M.R.'s trial or appeal, calling into question the overall fairness of the process. The Minister's decision to order a new appeal is not a decision about the guilt or innocence of the applicant. It is a decision to return the matter to the courts where the relevant legal issues may be determined according to the law.

In 2002, M.R. was convicted of sexual assault against a minor. A sentence of two years less one day was imposed. Their appeal to the Quebec Court of Appeal was dismissed on September 1, 2004. In April 2005, M.R. sought and was denied leave to appeal to the Supreme Court of Canada. They submitted their application for criminal conviction review in 2017.

Quote

"All people living in Canada should have confidence that the justice system is there to protect them and that it can be trusted. A fair justice system must also be compassionate and balance the needs of victims while guarding against potential miscarriages of justice. This is why we have a process in place to review such cases. This case is particularly tragic because it involves a sexual assault of a minor. However, following a thorough review of M.R.'s case, there are reasonable grounds to conclude that a miscarriage of justice likely occurred and that a further appeal of the conviction is needed."

The Honourable Arif Virani, P.C., M.P.
Minister of Justice and Attorney General of Canada

Quick Facts

• 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. This determination 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, such as new information that has surfaced since the trial and appeal.
• 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.
• On February 16, 2023, the Minister of Justice and Attorney General of Canada introduced Bill C-40 (Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)) to amend to the Criminal Code to establish an independent commission to review, investigate, and decide which criminal cases should be returned to the justice system due to a potential miscarriage of justice. The Bill passed second reading in the House of Commons on June 21, 2023, and was referred to committee.

Associated Links

• Department of Justice: Criminal Conviction Review
• Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice

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SOURCE Department of Justice Canada

media may contact: Chantalle Aubertin, Press Secretary, Office of the Minister of Justice and Attorney General of Canada, 613-992-6568, [email protected]; Media Relations, Department of Justice Canada, 613-957-4207, [email protected]