APPLICATIONS FOR MINISTERIAL REVIEW MISCARRIAGES OF JUSTICE

ANNUAL REPORT 2005
MINISTER OF JUSTICE

National Library of Canada cataloguing in publication data

Canada. Department of Justice

Annual report, applications for ministerial review, miscarriages of justice

Annual.
2005-
Text in English and French on inverted pages.
Title on added t.p.: Rapport annuel, demande de révision auprès du ministre, erreurs judiciaires.
Issued also on the Internet.
Variant title: Applications for ministerial review, miscarriages of justice.
ISBN 0-662-41703-8
Cat. no. J1-3/2005E-HTML

1. Judicial error Canada Périodicals.
2. Appellate procedure Canada Périodicals.
3. Criminal justice, Administration of Canada Periodicals.
I. Title.

Published by authority of the Minister of Justice and Attorney General of Canada

by the

Communications Branch
Department of Justice
Ottawa, Canada

© Her Majesty the Queen in Right of Canada, 2005, as represented by the Minister of Justice

Printed in Canada

Also available in French under the title:
Rapport annuel, demandes de révision auprès du ministre, erreurs judiciaires

Table of Contents

Message from the Minister

Message from the Special Advisor to the Minister of Justice

Introduction

Addressing Possible Miscarriages of Justice

History of the Power to Review Criminal Convictions
Background to the Current Conviction Review Process
The Current Conviction Review Process
Criminal Conviction Review Group
Staff, Administration and Facilities
The Special Advisor to the Minister
Conviction Reviews By Outside Agents
Authorizations for the Use of the Minister's Investigative Powers
Communications and Outreach

Emerging Issues and Developments

Preventing Miscarriages of Justice
Forum on Preventing Miscarriages of Justice
Understanding Wrongful Convictions Conference
Manitoba Justice Initiatives
Appointment of Departmental Special Advisor
Disclosure Reform
Public Inquiries
The Decision in R. v. Balafrej
Transparency

Remedies Granted by the Minister

Rodney Cain
Steven Truscott
Darcy Borge
Danny Wood
James Driskell
The Year Ahead

How the Conviction Review Process Works

Applying for a Conviction Review
Guiding Principles
Stages of the Review

Preliminary Assessment
Investigation
Investigation Report
Decision by the Minister

Statistical Information

Timeframe
Application Requests
Applications Made to the Minister
Progress of Applications Through the Conviction Review Process
Preliminary Assessments
Investigations
Decisions
Applications Abandoned or Held in Abeyance
Status of Active Applications at the End of the Fiscal Year
Judicial Review

Appendices

Appendix One: Sections 696.1 to 696.6 of the Criminal Code (Part XXI.1)
Appendix Two: Regulations Respecting Applications for Ministerial Review – Miscarriages of Justice
Appendix Three: Organizational Chart
Appendix Four: Conviction Review Process Chart
Appendix Five: Contacting the Criminal Conviction Review Group

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