Wednesday, October 14, 2009

2009 Federal Annual Report on Reviews of Possible Miscarriages of Justice

In the most recent Weekly Checklist of federal government publications, the 2009 annual report by Justice Canada on applications for ministerial review in cases of possible miscarriages of justice is listed:

"Since 1892, the Minister of Justice has had the power, in one form or another, to review a criminal conviction under federal law to determine whether there may have been a miscarriage of justice."

"Currently, the conviction review process begins when a person submits an application for ministerial review (miscarriages of justice), also known as a 'conviction review application'."

"The application for ministerial review must be supported by 'new matters of significance' – usually important new information or evidence that was not previously considered by the courts. If the Minister is satisfied that those matters provide a reasonable basis to conclude that a miscarriage of justice likely occurred, the Minister may grant the convicted person a remedy and return the case to the courts – a referral of the case to a court of appeal to be heard as a new appeal, or a direction for a new trial."


"Under section 696.5 of the Criminal Code, the Minister of Justice is required to submit an annual report to Parliament regarding applications for ministerial review (miscarriages of justice) within six months of the end of the fiscal year. This is the seventh annual report, and it covers the period April 1, 2008, to March 31, 2009. Under the regulations, the report must address the following matters:

  • the number of applications for ministerial review made to the Minister;
  • the number of applications that have been abandoned or that are incomplete;
  • the number of applications that are at the preliminary assessment stage;
  • the number of decisions that the Minister has made;
  • and any other information that the Minister considers appropriate".
The Weekly Checklist includes a listing of book and serial titles which have been released during the previous week by the Parliament of Canada, federal departments, and Statistics Canada.

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posted by Michel-Adrien at 12:49 pm


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