Message from the Special Advisor to the Minister of Justice

In 2003 I was appointed as the first Special Advisor to the Minister of Justice regarding applications for ministerial review submitted pursuant to sections 696.1-696.6 of the Criminal Code. Having served in this position for over a year and a half, I wish to offer my perspective on our criminal conviction review process.

My main role as Special Advisor is to make recommendations to the Minister once the investigation of an application for ministerial review is complete. My independent recommendation is sent directly to the Minister, without going through any intermediary.

It is also important that I, as Special Advisor, provide independent advice at all stages of the conviction review process, including the preliminary assessment stage where applications may be screened out. My involvement ensures that all stages of the review are complete, fair and transparent:

• Preliminary Assessment Stage: If the information presented in support of an application for ministerial review does not provide a reasonable basis to conclude that a miscarriage of justice may have occurred, the Criminal Conviction Review Group may decide on behalf of the Minister not to proceed to the investigation stage. This decision effectively terminates the application for ministerial review, unless further information is provided by the applicant. Before a decision is made to terminate the application, I may request that additional information be collected or existing information be clarified. If I disagree with the Criminal Conviction Review Group's view that the application should be terminated at this stage, I can recommend to the Minister that the review process be continued.
  
  
• Investigation Stage: At this stage, I may provide advice and guidance to the Criminal Conviction Review Group or I may seek clarification of issues arising from the application.
  
  
• Investigation Report Stage: When the Criminal Conviction Review Group has completed its investigation, I review the investigation report and any appended material as well as the legal advice and recommendations of the Group.
  
  
• Decision Stage: In my capacity as Special Advisor, I provide my own independent advice and recommendations to the Minister with respect to how an application should be decided. I am, of course, not bound by the advice and recommendations made by the Criminal Conviction Review Group. Therefore, I may choose to provide advice and recommendations to the Minister that differs from that of the Criminal Conviction Review Group.

As Special Advisor, I have a unique status and position. I am a retired judge of the Quebec Court, where I presided over thousands of criminal cases. I am a member of the Bar of Quebec, and now work in private practice in a firm specializing in criminal law. I am committed to ensuring that the criminal justice system is strengthened by ensuring that miscarriages of justice are effectively remedied. Although I work closely with the Criminal Conviction Review Group, I am not part of it. The employees of the CCRG are public servants employed by the Government of Canada. I am not. My status is akin to that of an outsider and allows me to review alleged miscarriages of justice with a fresh and independent outlook.

To facilitate my work, I am provided with an office in the same location as the office of the Criminal Conviction Review Group. This arrangement allows me to follow the evolution of the investigations and to conduct discussions with the lawyers at the Group.

As a final matter, I wish to stress the exceptional quality and professionalism of the work done by the members of the Criminal Conviction Review Group. They are fair, open minded and thorough in the work they do. This observation also applies to agents mandated to assess applications for ministerial review. These lawyers give thorough, meaningful and open-minded consideration to all applications for ministerial review.

The existence of the ministerial review process, designed to remedy miscarriages of justice, is a guarantee of the quality of the criminal justice system in Canada. It exemplifies the efforts by everyone involved in the criminal justice system to ensure that accused persons are treated in a just and fair manner.

Bernard Grenier
Special Advisor

Previous | Table of Contents | Next