ANNUAL REPORT 2009 MINISTER OF JUSTICE

Statistical Information

Reporting Period

The period covered by this annual report is from April 1, 2008, to March 31, 2009.

Application Requests

An application request is considered to have been made when a potential applicant or a person acting on his or her behalf inquires about submitting an application for ministerial review. The booklet Applying for a Conviction Review is sent to the person making the inquiry. This 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, 25 application requests were made to the Minister.

Applications Made to the Minister

Table 1 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 this 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 applicant’s responsibility 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 25 application requests made to the Minister during the reporting period, 17 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 relates to a provincial offence, involves a civil matter, or deals with the same subject matter as a previously denied application and does not raise any new matters of significance. Four applications were screened out during this reporting period.

TABLE 1: APPLICATIONS MADE TO THE MINISTER
FROM APRIL 1, 2008, TO MARCH 31, 2009

Applications completed	4
Applications partially completed	17
Applications screened out	4
TOTAL	25

Progress of Applications through the Conviction Review Process

Table 2 summarizes the work completed in the first three stages of the conviction review process. Six preliminary assessments were completed during the period covered by this report. No investigations were completed during the reporting period, and none were abandoned by applicants.

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

TABLE 2: PROGRESS OF APPLICATIONS THROUGH THE CONVICTION REVIEW PROCESS
FROM APRIL 1, 2008, TO MARCH 31, 2009

Preliminary assessments completed	6
Investigations completed	0
Applications abandoned	0
TOTAL	6

Preliminary Assessments

Tables 3 and 4 provide further information about the work completed at the preliminary assessment stage of the conviction review process. Table 3 summarizes the 19 applications that were at the preliminary assessment stage during the reporting period. There were three applications awaiting preliminary assessment, ten preliminary assessments were under way, and six were completed. No preliminary assessments were abandoned and none were in abeyance. An application is considered to be “under way” if it commenced during the reporting period, or if it commenced beforehand but continued during the reporting period.

Table 4 shows that none of the six applications where preliminary assessments were completed, proceeded to the investigation stage. In these 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.

TABLE 3: SUMMARY OF APPLICATIONS AT THE PRELIMINARY ASSESSMENT STAGE
FROM APRIL 1, 2008, TO MARCH 31, 2009

Applications awaiting preliminary assessment	3
Preliminary assessments completed	6
Preliminary assessments abandoned by the applicant	0
Preliminary assessments under way but not yet completed	10
Preliminary assessments in abeyance	0
TOTAL	19

TABLE 4: DISPOSITION OF APPLICATIONS FOLLOWING PRELIMINARY ASSESSMENT STAGE
FROM APRIL 1, 2008, TO MARCH 31, 2009

Applications that did not proceed to the investigation stage following a preliminary assessment	6
Applications that did proceed to the investigation stage following a preliminary assessment	0
TOTAL	6

Investigations

Table 5 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.

No investigations were completed during the reporting period; however, two had been carried over from the previous reporting period and are still under review.

TABLE 5: SUMMARY OF APPLICATIONS AT THE INVESTIGATION STAGE
FROM APRIL 1, 2008,TO MARCH 31, 2009

Investigations completed	0
Investigations under way but not yet completed	2
TOTAL	2

Decisions

Table 6 summarizes the decisions made by the Minister during the reporting period. The Minister made one decision during this period, granting one application by ordering a new trial.

TABLE 6: DECISIONS MADE BY THE MINISTER
FROM APRIL 1, 2008, TO MARCH 31, 2009

Applications dismissed	0
Applications granted	1
TOTAL	1

Applications Abandoned or Held in Abeyance

During the reporting period, no applications were abandoned at the preliminary assessment stage. No applications were abandoned at the decision stage. No applications were held in abeyance at the request of the applicants.

Status of Applications at the End of the Fiscal Year

Table 7 provides a snapshot of the status of all applications as of March 31, 2009.

Of the 25 new applications received, three are awaiting the commencement of preliminary assessment. No applications were being held in abeyance at the request of the applicant, and none are at the investigation stage.

Six applications from previous reporting periods were completed, ten were at the preliminary assessment stage, three are currently being investigated, and one has been decided by the Minister.

TABLE 7: SUMMARY OF THE STATUS OF ALL APPLICATIONS
AS OF MARCH 31, 2009

Completed and awaiting preliminary assessment	3
In abeyance at request of the applicant	0
At preliminary assessment stage	10
At investigation stage	3
Decided	1

Statistics: November 2002 – March 31, 2009

Since 2002, when reforms to the conviction review process took effect, the CCRG has considered 83 completed applications. As discussed earlier in this report, Ministers of Justice referred 12 of those (14 percent) to the courts, either for a new trial or to be heard as an appeal. The CCRG closed 61 files (73 percent) following a preliminary assessment because there was no basis for a full investigation. Ten applications (12 percent) were dismissed by the Minister following a full investigation.

Total decisions	83
Cases referred to court	12	(14%)
Files closed because no basis for investigation	61	(73 %)
Applications dismissed by Minister	10	(12%)

2003
Total decisions	17
Cases referred to court	1
Files closed because no basis for investigation	10
Applications dismissed by Minister	6

2004
Total decisions	14
Cases referred to court	2
Files closed because no basis for investigation	10
Applications dismissed by Minister	2

2005
Total decisions	16
Cases referred to court	4
Files closed because no basis for investigation	12
Applications dismissed by Minister	0

2006
Total decisions	5
Cases referred to court	1
Files closed because no basis for investigation	3
Applications dismissed by Minister	1

2007
Total decisions	19
Cases referred to court	2
Files closed because no basis for investigation	16
Applications dismissed by Minister	1

2008
Total decisions	9
Cases referred to court	1
Files closed because no basis for investigation	8

2009
Total decisions	3
Cases referred to court	1
Files closed because no basis for investigation	2

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