Applications for Ministerial Review -
Miscarriages of Justice: Annual Report 2007

Statistical Information

Section 696.5 of the Criminal Code requires 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 that have been abandoned or that are incomplete, the number 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.

Reporting Period

The reporting period covered by this annual report is the one-year period between April 1, 2006, and March 31, 2007.

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 their behalf inquires about submitting an application for ministerial review. The booklet Applying for a Conviction Review is sent to the person making the 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.

During the period covered by this report, 18 application requests were made to the Minister.

Table 1: Application Requests Made to the Minister

During the Period April 1, 2006, to March 31, 2007
Total	18

Applications Made to the Minister

Table 2 indicates 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 four completed applications during the reporting period.

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 required. Although it is the responsibility of the applicant to provide the required documentation, CCRG staff frequently assist applicants. 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 18 application requests made to the Minister during the reporting period, 14 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, 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. No applications were screened out during the reporting period.

Table 2: Applications Made to the Minister

From April 1, 2006, to March 31, 2007
Applications completed	4
Applications partially completed	14
Applications screened out	0
Total	18

Progress of Applications Through the Conviction Review Process

Table 3 summarizes the work completed at the first three stages of the conviction review process. Eight preliminary assessments were completed during the period covered by this report. Three investigations 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, although the time required varies with the complexity of the case.

Table 3: Progress of Applications Through the Conviction Review Process

From April 1, 2006, to March 31, 2007
Preliminary assessments completed	8
Investigations completed	3
Total	11

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 during the reporting period. Thirty-one applications were at the preliminary assessment stage. Five applications were awaiting preliminary assessment, 18 preliminary assessments were under way, and eight preliminary assessments were completed. The number of applications awaiting preliminary assessment is down dramatically from more than 70 cases in November 2002. A preliminary assessment is considered to be “under way” if it commenced during the reporting period, or if it commenced prior to the reporting period but continued during the reporting period.

Table 5 shows that of the eight applications where preliminary assessments were completed, none proceeded to the investigation stage. In such cases, the new matters raised by the applicant were not such that there might be a reasonable basis to conclude that a miscarriage of justice likely occurred. There were no applications that proceeded to the investigation stage.

Table 4: Summary of Applications at the Preliminary Assessment Stage

From April 1, 2006, to March 31, 2007
Applications awaiting preliminary assessment	5
Preliminary assessments completed	8
Preliminary assessments still under way	18
Total	31

Table 5: Disposition of Applications Following Preliminary Assessment Stage

For the Period April 1, 2006, to March 31, 2007
Applications that did not proceed to the investigation stage following a preliminary assessment	8
Applications that did proceed to the investigation stage following a preliminary assessment	0
Total	8

Investigations

Table 6 summarizes the work done on applications at the investigation stage during the reporting period. An investigation is considered to be “complete” when an investigation report is completed and forwarded to the Minister for review and decision.

Three investigations were completed during the reporting period and seven investigations were under way.

Table 6: Summary of Applications at the Investigation Stage

For the Period April 1, 2006, to March 31, 2007
Investigations completed	3
Investigations under way but not yet completed	7
Total	10

Decisions

Table 7 summarizes the decisions made by the Minister during the reporting period. The Minister made two decisions during the one-year period. One application was granted and referred to the Court of Appeal, and one application was dismissed. As of March 31, 2007, two applications were under consideration by the Minister and awaiting a decision.

Table 7: Decisions Made by the Minister

From April 1, 2006, to March 31, 2007
Applications dismissed	1
Applications allowed	1
Total	2

Applications Abandoned or Held in Abeyance

During the reporting period, no applications were abandoned at the preliminary assessment stage. Four applications were held in abeyance (ie. temporarily suspended) at the request of the applicant.

Status of Applications at the End of the Fiscal Year

Table 8 provides a snapshot of the status of all applications as of March 31, 2007.

Of the 38 applications, five were complete and awaiting preliminary assessment, four were being held in abeyance at the request of the applicant, 18 were at the preliminary assessment stage, seven were at the investigation stage, two were awaiting a decision by the Minister and two had been decided on by the Minister.

Table 8: Summary of the Status of All Applications

As of March 31, 2007
Completed and awaiting preliminary assessment	5
In abeyance at request of the applicant	4
At preliminary assessment stage	18
At investigation stage	7
Awaiting Ministerial Decision	2
Decided	2
Total No. of Applications	38

Judicial Review

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

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