Message from the Minister

It is my pleasure to submit to Parliament the second annual report of the Minister of Justice regarding applications for ministerial review (miscarriages of justice) under Part XXI.1 of the Criminal Code.

Canadians can be rightfully proud and confident that they have one of the best criminal justice systems in the world. Our system includes many safeguards to ensure that an accused person receives a fair trial, from the Canadian Charter of Rights and Freedoms to a comprehensive and effective system of appellate review of criminal convictions. Nevertheless, as the Supreme Court of Canada recently noted in United States of America v. Burns, continuing disclosures of miscarriages of justice in Canada and elsewhere "provide tragic testimony to the fallibility of the legal system, despite its elaborate safeguards for the protection of the innocent."

Miscarriages of justice undermine public confidence in the criminal justice system if they are not effectively remedied. In 2002 Canada responded to concerns about its system for reviewing possible miscarriages of justice with changes to the law and subsequent non-legislative changes to improve the system. A person who seeks a review of his or her conviction on the grounds of a miscarriage of justice can be assured that the review will be conducted in a thorough, objective and independent manner.

The Government of Canada is committed to ensuring that miscarriages of justice are rectified and public confidence in our criminal justice system is maintained at the highest level.

Irwin Cotler
Minister of Justice

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