OTTAWA, January 27, 2003 - - The Honourable Martin Cauchon, Minister of Justice and Attorney General of Canada, today announced that he has ordered a new trial, under the conviction review provisions of the Criminal Code, in the case of Steven Richard Kaminski.

Mr. Kaminski of Red Deer, Alberta was convicted in 1992 of the sexual assault of a woman and was sentenced to seven-years imprisonment. After the original trial and subsequent appeal by Mr. Kaminski, new evidence surfaced that prompted his request for conviction review pursuant to what was then s. 690 of the Criminal Code.

"It is my responsibility to help ensure that potential miscarriages of justice do not take place. Based on the evidence put before me, I believe that a new trial is appropriate in this case," said Minister Cauchon. "Many safeguards exist to protect the rights of those before the law, but our justice system is not infallible."

Based on new evidence, the Criminal Conviction Review Group at the Department of Justice Canada launched an investigation that included interviews with several trial witnesses. The criminal conviction review process is complex and includes extensive research and consideration. The review group determined that the new evidence could have had an impact on the outcome of the original trial had it been known and submitted at the time. The Minister's decision to order a new trial is based on the information contained in the review group's investigation.

Section 696.1 (formerly s. 690) of the Criminal Code provides that a person who has been convicted of an indictable offence and who has exhausted all appeals may apply to the Minister of Justice for a review of his or her conviction.

Several steps have recently been taken to enhance the conviction review process. As a result of 2002 amendments to the Criminal Code, Department of Justice investigators can now compel witnesses to provide information during a conviction review. New regulations also outline for an applicant exactly what documentation is required for a review.

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