Statistical Information

Section 696.5 of the Criminal Code specifies that the Minister of Justice must submit an annual report to Parliament regarding applications for ministerial review during the previous fiscal year.

The report must include the number of applications made to the Minister, the number of applications that have been abandoned or that are incomplete, the number of applications at the preliminary assessment stage and at the investigative stage, the number of decisions the Minister has made under subsection 696.3 (3), and any other information the Minister considers appropriate.

Time frame

The time frame covered by this annual report is the one-year period between April 1, 2003, and March 31, 2004. This is the first annual report to cover a full year. The previous report covered the period from November 25, 2002, to March 31, 2003 (i.e., the period from the coming into force of the new legislation to the end of the fiscal year).

Application Requests

Table 1 summarizes the number of application requests made to the Minister during the reporting period. An application request is considered to have been made if a potential applicant or a person acting on the potential applicant's behalf inquires about submitting an application for ministerial review. The information booklet, Applying For A Conviction Review, is sent to the person making an inquiry. The booklet provides detailed information about the conviction review process, includes the required forms, and provides step-by-step instructions for submitting an application for ministerial review.

During the period covered by this report, 29 application requests were made to the Minister – an average of 2.4 application requests per month.

Applications Made to the Minister

Table 2 outlines the number of applications that the Minister actually received during this reporting period. An application is considered to be "completed" when a person has submitted the forms, information and supporting documents required by the regulations. The Minister received two completed applications during the reporting period, representing 7% of all applications made.

An application is considered to be "partially completed" where a person has submitted some but not all of the forms, information and supporting documents required by the regulations. For example, a person may have submitted the required application form but not the supporting documents specified by the regulations. Although it is the responsibility of the applicant to provide the required documentation, CCRG staff frequently assist the applicant in doing so. It is not unusual for an application to remain in the "partially completed" category for a period of time while the applicant gathers and submits the necessary documents and information.

Of the 29 applications made to the Minister during the reporting period, 23 (79%) fall into the "partially completed" category.

An application is "screened out" if the person is not eligible to make an application for ministerial review. This category covers a variety of circumstances. For example, an application would be "screened out" if it related to a provincial offence, involved a civil matter, or dealt with the same subject matter as a previously denied application and did not raise any new matters of significance.

Progress of Applications Through the Conviction Review Process

Table 3 summarizes the work completed at the first three stages of the conviction review process. Ten preliminary assessments were completed during the period covered by this report. Eleven investigations and three investigation reports were completed during the reporting period.

The length of time to conduct a preliminary assessment typically ranges from a few weeks to months. An investigation usually takes a number of months to complete. The time required to complete an investigation report varies with the complexity of the case.

Preliminary Assessments

Tables 4 and 5 provide further information about the work completed at the preliminary assessment stage of the conviction review process. Table 4 summarizes the applications that were at the preliminary assessment stage of the conviction review process during the reporting period. Twenty applications were at the preliminary assessment stage during the reporting period. Ten of the preliminary assessments were completed during the reporting period, and ten are still under way. A preliminary assessment is considered to be "under way" if it commenced during the reporting period, or commenced prior to the reporting period but continued during the reporting period.

Table 5 shows that of the ten applications where preliminary assessments were completed, nine did not proceed to the investigation stage. In such cases, the new matters raised by the applicant were not such that they might be a reasonable basis to conclude that a miscarriage of justice likely occurred. One application did proceed to the investigation stage. This information is summarized in Table 5.

Investigations

Table 6 summarizes the work done on applications at the investigation stage during the reporting period. An investigation is considered to be "completed" when the investigating lawyer has conducted the investigation and is ready to proceed to the next stage of the conviction review process – the preparation of an investigation report.

Eleven investigations were completed during the reporting period, five investigations are under way, and one application is awaiting an investigation.

Table 7 summarizes the work done on applications at the investigation report stage during the reporting period. An investigation report is considered to have been "completed" when it is in its final form, and the application is ready to be forwarded to the Minister for a decision.

Three investigation reports were completed during the reporting period. Five other investigation reports are in the process of being prepared but are not yet complete.

Decisions

Table 8 summarizes the decisions made by the Minister regarding applications for ministerial review during the reporting period. The Minister made six decisions during the one-year period covered by this report. All six applications for ministerial review considered by the Minister were dismissed.

Applications Abandoned or Held in Abeyance

During the reporting period, one application was abandoned at the preliminary assessment stage. Six applications were held in abeyance at the request of
the applicant.

Status of Active Applications at the End of the Fiscal Year

Table 9 provides a snapshot of the status of all "active applications" as of March 31, 2003. An application is considered to be "active" if it is completed and awaiting preliminary assessment or is at any of the four stages of the conviction review process.

Of the 44 active applications as of March 31, 2003, 19 (43%) were completed and awaiting preliminary assessment, ten (23%) were at the preliminary assessment stage, seven (16%) were at the investigation stage, five (11%) were at the investigation report stage, and three (7%) were at the decision stage.

Judicial Review

There were no applications for judicial review of decisions made by the CCRG or the Minister.

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