Department of Justice

MINISTER TO CONSULT ON OPTIONS TO IMPROVE THE CONVICTION REVIEW PROCESS

OTTAWA, October 26, 1998 -- The Honourable Anne McLellan, Minister of Justice and Attorney General of Canada, today announced the release of a consultation paper entitled Addressing Miscarriages of Justice: Reform Possibilities for Section 690 of the Criminal Code. The paper is part of a consultation process that will examine potential options for reforming conviction review.

"Canada has an excellent criminal justice system, but no system is perfect. Regrettably, wrongful convictions sometimes can and do occur and, when they do, the entire justice system is called into question. Section 690 is an important safeguard in the criminal justice system to address miscarriages of justice. Through this careful review and public consultation, I want to seek the views of all Canadians as to how we might strengthen the process for responding to cases of wrongful conviction in Canada," stated the Minister.

Section 690 of the Criminal Code gives the Minister of Justice the power to direct a new trial, order a new appeal or refer a specific question to an appeal court for its opinion if the applicant demonstrates that there is a reasonable basis to conclude that a miscarriage of justice has likely occurred. This remedy is reserved for convicted persons who have exhausted all possible appeals.

In 1993, the Department of Justice conducted an internal review of the section 690 process and, in response to its findings, took steps to enhance the efficiency of the process. Timelines for reviews were instated, standard procedures were designed to assist in the review of applications, and a group dedicated to investigating section 690 applications was established.

"We have made significant improvements over the past five years to the conviction review process. However, given the importance of this matter to society as a whole and to individual applicants, it is important to make every effort to improve the process as much as possible. For some, section 690 can mean the difference between freedom and a lifetime in prison," added the Minister.

Input from this consultation will allow the Department to take into consideration the many different interests and concerns of the public and various institutions to ensure that any reforms will be in the best interests of all Canadians. Among other issues, the consultation will examine the following possibilities for reform:

• enhancing the actual and apparent independence of post-conviction review;
• establishing an independent body;
• amending the Criminal Code to include standards and procedures;
• extending the jurisdiction of courts of appeal; and
• broadening the appeal process.

Responses to the consultation paper are due on February 15, 1999.

Ref.:

Pierre Gratton, Yvan Roy
Director of Communications, Senior General Counsel
Minister's Office, Department of Justice
(613) 992-4621, (613) 957-4729