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Appendix 1Sections 696.1 to 696.6 of the Criminal Code (Part XXI.1)Application 696.1 (1) An application for ministerial review on the grounds of miscarriage of justice may be made to the Minister of Justice by or on behalf of a person who has been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament or has been found to be a dangerous offender or a long-term offender under Part XXIV and whose rights of judicial review or appeal with respect to the conviction or finding have been exhausted. Form of application (2) The application must be in the form, contain the information and be accompanied by any documents prescribed by the regulations. Review of applications 696.2 (1) On receipt of an application under this Part, the Minister of Justice shall review it in accordance with the regulations. Powers of investigation (2) For the purpose of any investigation in relation to an application under this Part, the Minister of Justice has and may exercise the powers of a commissioner under Part I of the Inquiries Act and the powers that may be conferred on a commissioner under section 11 of that Act. Delegation (3) Despite subsection 11(3) of the Inquiries Act, the Minister of Justice may delegate in writing to any member in good standing of the bar of a province, retired judge or any other individual who, in the opinion of the Minister, has similar background or experience the powers of the Minister to take evidence, issue subpoenas, enforce the attendance of witnesses, compel them to give evidence and otherwise conduct an investigation under subsection (2). Definition of "court of appeal'' 696.3 (1) In this section, "the court of appeal'' means the court of appeal, as defined by the definition "court of appeal'' in section 2, for the province in which the person to whom an application under this Part relates was tried. Power to refer (2) The Minister of Justice may, at any time, refer to the court of appeal, for its opinion, any question in relation to an application under this Part on which the Minister desires the assistance of that court, and the court shall furnish its opinion accordingly. Powers of Minister of Justice (3) On an application under this Part, the Minister of Justice may
No appeal (4) A decision of the Minister of Justice made under subsection (3) is final and is not subject to appeal. Considerations 696.4 In making a decision under subsection 696.3(3), the Minister of Justice shall take into account all matters that the Minister considers relevant, including
Annual report 696.5 The Minister of Justice shall within six months after the end of each financial year submit an annual report to Parliament in relation to applications under this Part. Regulations 696.6 The Governor in Council may make regulations
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Last Updated: 2005-10-20 | Important Notices |