Message from the Minister

I am pleased to submit to Parliament the third annual report of the Minister of Justice regarding applications for ministerial review (miscarriages of justice) under Part XXI.1 of the Criminal Code.

We are beyond the point of thinking that miscarriages of justice rarely, if ever, occur in the criminal justice system. Events of recent years – and my own involvement as Minister of Justice – have made it painfully clear that miscarriages of justice do occur.

Miscarriages of justice come in many forms. Some are notorious; others are not. But, whether a particular case has a high profile or not, miscarriages of justice matter – to the individuals affected, to their families, to the criminal justice system and to society as a whole. Remedying miscarriages of justice is important work and one of the most important responsibilities that I have. Without an effective means of addressing potential miscarriages of justice, public confidence in our criminal justice system would be eroded. Injustice hurts the individual and it also hurts the justice system.

As Minister of Justice, I am guided by one overarching principle – the pursuit of justice. The correction of miscarriages of justice falls squarely within the principles and priorities I have identified in advancing a Justice agenda. An effective process for remedying miscarriages of justice is an important part of our system of justice and reflects a commitment to Canadian values of fairness, equality, respect and accountability.

Canada's conviction review process is a safety valve in our criminal justice system. During the year-long period covered by this report, I have decided six applications for ministerial review. I dismissed one of those applications and allowed the five others. In three cases, I quashed the convictions and ordered new trials. I referred the remaining two cases to the court of appeal to be heard as new appeals. These developments may be seen as a signal of the health of our criminal justice system. Miscarriages of justice are being addressed and remedied through our conviction review process.

The five remedies I granted during the reporting period were the most in any one-year period in the last 113 years. Some critics have called for the creation of a separate commission, such as exists in the United Kingdom, to investigate potential miscarriages of justice. However, I believe the current conviction review process is an example of a unique, made-in-Canada approach that is successfully addressing the problem of miscarriages in our criminal justice system.

The Government of Canada is dedicated to fostering even greater public confidence in our criminal justice system by means of a fair, effective and efficient conviction review process. The events of the last year indicate that our conviction review process is working well. That process, coupled with our continuing efforts to prevent miscarriages of justice before they ever occur, will strengthen Canada's criminal justice system.

Irwin Cotler
Minister of Justice

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