JUSTICE MINISTER CONCLUDES THAT MISCARRIAGE OF JUSTICE
LIKELY OCCURRED IN STEVEN TRUSCOTT CASE 

Minister refers case to the Ontario Court of Appeal 

OTTAWA, October 28, 2004 – The Minister of Justice and Attorney General of Canada, Irwin Cotler, announced today that he has determined “that there is a reasonable basis to conclude that a miscarriage of justice likely occurred” in 1959 when Steven Truscott, then 14, was convicted of murdering 12-year-old Lynne Harper. He has therefore granted Mr. Truscott's application for a wrongful conviction review and is referring the case to the Ontario Court of Appeal.

The Minister's decision follows his comprehensive review and assessment of a 700-page Report and advice from Justice Fred Kaufman. In addition, the Minister based his decision on the independent assessment of Justice Bernard Grenier (the Minister's Special Advisor on the criminal conviction review process), and the submissions of the applicant, Steven Truscott, as well as those of the Attorney General of Ontario.

Accordingly, the Minister, consistent with the recommendations of Justice Kaufman, has asked the Ontario Court of Appeal to hear the case as if it were an appeal of Steven Truscott's conviction.

“Justice Kaufman is a pre-eminent authority on wrongful convictions. His exhaustive report – the most comprehensive of its kind ever written – has revealed new information about this case. As such it would be unfair to maintain Mr. Truscott's conviction without an opportunity for a judicial determination on the admissibility of this new information,” said Minister Cotler.

This Reference is an extraordinary legal remedy that both Justice Kaufman and Minister Cotler believe is the most appropriate and just remedy under the circumstances.

The Minister added: “We have a legal, and I believe, moral obligation to determine whether the existence of new evidence would have affected the verdict. The appropriate way to make this determination – and to serve the ends of justice – is to refer the matter to the Ontario Court of Appeal.”

When the Minister of Justice concludes that a miscarriage of justice has likely occurred, he can order a new trial, or refer the matter to the Court of Appeal, as he has done in this case. The Minister does not decide guilt or innocence and does not have the authority to issue a pardon or overturn a conviction.

For more information about the criminal conviction review process, visit www.canada.justice.gc.ca .

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Backgrounder: Steven Truscott Wrongful Conviction Application

Ref.:

Denise Rudnicki
Director of Communications
Office of the Minister of Justice
(613) 992-4621

Media Relations Office
Department of Justice Canada
(613) 957-4207