Department of Justice

RELEASE OF REPORT TO THE ATTORNEY GENERAL OF CANADA CONCERNING CERTIFICATES OF ANALYST ISSUED BY HEALTH CANADA

OTTAWA, June 7, 2001 – Today, the Honourable Anne McLellan, Minister of Justice and Attorney General of Canada, released a report by the Honourable W. David Griffiths containing advice and recommendations respecting certain Certificates of Analyst issued by Health Canada. The Department of Justice is moving to implement the recommendations in this report.

Health Canada recently identified concerns with some of the Certificates of Analyst issued by one analyst in the Toronto Drug Analysis Service Laboratory. Certificates of Analyst are used to prove the nature of substances in drug prosecutions.

From the time that the problem was identified, no further certificates were issued by this analyst. Prosecutors were instructed not to use certificates issued by this analyst in ongoing cases. On April 19, 2001, officials from the Department of Justice and Health Canada issued a media release and held a technical briefing in Toronto to ensure that those who might be affected could be made aware of the issue.

At that time, the Honourable Mr. Griffiths, a retired judge of the Ontario Court of Appeal, was asked to provide advice and recommendations to the Attorney General of Canada on the steps to be taken to deal fairly and expeditiously with those who may be affected. In preparing his report, Mr. Griffiths consulted with members of the defence bar and prosecutors. Prominent criminal lawyer Mark J. Sandler assisted Mr. Griffiths with his report.

Health Canada retained the services of Dr. Joel Mayer, Deputy Director of Scientific Affairs at the Ontario Centre for Forensic Sciences. Dr. Mayer was asked to verify the methodology used by Health Canada to identify questionable certificates and will also advise Health Canada on changes and improvements to its Drug Analysis quality assurance systems.

Dr. Mayer's report will be made public shortly.

Health Canada reviewed the work of the analyst and determined that there were problems with 192 certificates regarding the nature of the substance and 13 certificates regarding the purity of the substance. Dr. Mayer found the methodology used by Health Canada to review the work of the analyst acceptable. The Griffiths report makes recommendations with respect to those and other certificates issued by the analyst.

In keeping with the recommendations made by Mr. Griffiths, the Department of Justice Canada will notify each accused found guilty of an offence to which one of the identified certificates relates. Further steps would be taken if a request for relief is made.

For those who have been found guilty of an offence where the case involved a certificate issued by the analyst, the Griffiths report sets out a range of possible remedies that may be available depending on the circumstances of the case. These include: an extension of time in which to file an appeal; an appeal to set aside a conviction and enter an acquittal or a stay of proceedings or order a new trial; a direction from the Minister of Justice for a new trial or appellate hearing under s.690 of the Criminal Code; a pardon, repayment of any fine paid or release from custody, where appropriate.

With respect to cases currently before the courts, the Department of Justice has been identifying those cases involving certificates issued by the analyst in question, making disclosure to the defence, and taking steps to deal with such cases based on the individual circumstances. Mr. Griffiths has approved the steps undertaken by the Department of Justice in ongoing cases.

All persons who have been found guilty of an offence pertaining to an illicit drug between June 1, 1988 and May 31, 2001, and who wish to determine whether their Certificate of Analyst is one of those in question, should access the following web site: www.hc-sc.gc.ca/expo. This site lists the numbers of all certificates prepared by this analyst. Individuals without Internet access can contact the Department of Justice by phone (416) 973-0957 or by facsimile (416) 973-8253.

A copy of the report by Mr. Griffiths can be found on the Department of Justice website at canada.justice.gc.ca/en/news/nr/2001/doc_26438.html.The Department of Justice is moving to implement the recommendations in this report and remains committed to taking all necessary steps to ensure that public confidence in the integrity of the justice system is maintained.

- 30 -

Ref:

Greg MacDougall
Department of Justice
(613) 946-2220

Jeffrey Pender
Health Canada
(613) 957-2985