INTRODUCTION AND BRIEF DESCRIPTION
This section outlines factors the Minister of Justice must consider when deciding on an application for an extraordinary remedy in relation to a conviction or finding under Part XXIV.
SECTION WORDING
696.4 In making a decision under subsection 696.3(3), the Minister of Justice shall take into account all matters that the Minister considers relevant, including (a) whether the application is supported by new matters of significance that were not considered by the courts or previously considered by the Minister in an application in relation to the same conviction or finding under Part XXIV; (b) the relevance and reliability of information that is presented in connection with the application; and (c) the fact that an application under this Part is not intended to serve as a further appeal and any remedy available on such an application is an extraordinary remedy.
EXPLANATION
Section 696.4 of the Criminal Code of Canada outlines the guidelines for the Minister of Justice when considering a section 696.3 application. This section deals with the extraordinary remedy of allowing an individual to appeal a convicted verdict or finding under Part XXIV of the Criminal Code. The Minister of Justice must take into account all relevant matters, including any new information presented that was not previously considered by the courts or the Minister in a previous application, as well as the relevance and reliability of such information. However, it is important to note that this application is not intended to serve as a further appeal, and any remedy available on such an application is an exceptional measure. The purpose of this section is to ensure that the Minister of Justice makes informed decisions and considers all relevant factors before granting an appeal. Ultimately, this section aims to promote fairness and the proper administration of justice by ensuring that all relevant information is considered before allowing an extraordinary appeal.
COMMENTARY
Section 696.4 of the Canadian Criminal Code outlines the factors that the Minister of Justice must consider when making a decision regarding an application made under subsection 696.3(3). This section is important because it highlights the criteria that must be met for an individual to be granted an extraordinary remedy such as a review of their conviction or finding. The first factor that the Minister of Justice must consider is whether the application is supported by new matters of significance that were not previously considered by the courts or the Minister. This indicates that the Minister must ensure that the application is not a repeat of previous applications and that it brings forward new evidence or information that was not available at the time of the previous applications. This prevents individuals from using the application process as a means of appealing their case multiple times. The second factor that the Minister must consider is the relevance and reliability of the information presented in connection with the application. This requires the applicant to present accurate and reliable information that is directly related to the case in question. This ensures that the application is based on sound evidence and not on hearsay or circumstantial information. The third factor that the Minister must consider is the fact that the application is an extraordinary remedy and not intended to serve as a further appeal. This reinforces the importance of ensuring that the application is not repetitive and that it only addresses issues that were not previously considered. It also acknowledges that the application process is not a substitute for the appeals process and should not be used as such. Overall, section 696.4 of the Criminal Code of Canada provides a clear framework for the Minister of Justice when considering applications for review of conviction or finding. It ensures that the process is fair and only allows for extraordinary remedies when new and significant evidence comes to light. This protects the integrity of the judicial system and ensures that individuals are not unfairly granted further appeals that are not warranted.
STRATEGY
Section 696.4 of the Criminal Code of Canada provides guidelines for making a decision when applying for a Ministerial Review under Part XXIV of the Code. The Minister of Justice has to take into account various factors before accepting or rejecting an application for review. Therefore, it is important to consider strategic tactics when dealing with this section to maximize the chances of a successful outcome. One important strategic consideration is to ensure that the application is backed by new and significant evidence that has not been previously considered. The Minister has the power to take into account any matter that they consider relevant, so the applicant must provide compelling evidence that they were unable to produce or obtain during the trial or appeal process. This strategy can be employed by conducting a thorough investigation into the matter and gathering concrete evidence to support the allegations made. The reliability and relevance of the information provided in connection with the application are also crucial factors to ensure that the Minister takes the claims seriously. Therefore, it is crucial to have all facts and evidence well organized and presented professionally. This can be achieved by hiring an experienced lawyer who can argue persuasively and present the evidence in a compelling manner. It is also important to note that Ministerial Review is an extraordinary remedy and not a further appeal, so the applicant should present their application accordingly. A successful strategy to adopt would be to demonstrate clear grounds for the Minister to consider, rather than merely questioning the decision of the court. Applicants should also be aware that the Minister may not consider every application, so it is wise to submit an application only after careful review of all available avenues of appeal. Overall, the strategic consideration when dealing with Section 696.4 of the Criminal Code of Canada involves presenting a strong, new and significant evidence-based application that follows the guidelines provided by the Code. Presenting a clear and concise application organized in a professional manner is critical to maximize the chances of success. By doing so, the applicant can make a compelling case to the Minister, who will take into account all relevant matters, including the reliability and relevance of any information presented in connection with the application.