The Role of the Special Advisor

As discussed earlier, one of the non-legislative changes within the Reform Model of the criminal conviction-review process was the creation of a new position, Special Advisor to the Minister.

While the Special Advisor's main role will be to make recommendations to the Minister once an investigation is complete, it is equally important that he or she oversee all stages of the review process, including the preliminary assessment where applications may be screened out. The Special Advisor's involvement will ensure that all stages of the review are complete, fair, and transparent.

For example, the Special Advisor may request that additional information be collected or existing information be clarified before an application is screened out during the preliminary assessment. The Special Advisor may insist that a particular application not be screened out but be permitted to proceed to the investigation stage.

At the investigative stage, the Special Advisor's role may include providing advice and guidance to counsel or seeking clarification of issues. Counsel from the CCRG, or the appointed agents, remain responsible for conducting the investigation, and are expected to provide their recommendations and advice to the Minister along with the Investigation Report. The Special Advisor will review the Investigation Report and any appended material, as well as the legal advice and recommendations of the investigating counsel.

Finally, given the independence of the position, the Special Advisor may or may not agree with the CCRG's views, and may therefore choose to provide his or her own recommendations and advice to the Minister.

A Special Advisor to the Minister has not yet been appointed, but it is expected that an appointment will be made soon. In view of the importance of the role, it is clearly necessary to select a person who is exceptionally well qualified and appropriate for the position.

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