section 696.1(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows individuals convicted of a crime to request a ministerial review if they believe there has been a miscarriage of justice, after all their rights of judicial review or appeal have been exhausted.

SECTION WORDING

696.1(1) An application for ministerial review on the grounds of miscarriage of justice may be made to the Minister of Justice by or on behalf of a person who has been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament or has been found to be a dangerous offender or a long-term offender under Part XXIV and whose rights of judicial review or appeal with respect to the conviction or finding have been exhausted.

EXPLANATION

Section 696.1(1) of the Criminal Code of Canada allows for an application for ministerial review in cases where a miscarriage of justice is alleged by a person who has been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament, or has been found to be a dangerous offender or a long-term offender under Part XXIV. This provision is intended to provide a mechanism for individuals who have exhausted their rights of judicial review or appeal, but who still believe that a miscarriage of justice has occurred, to seek a review of their case by the Minister of Justice. This provision is significant because it recognizes that the criminal justice system is not infallible, and that errors and miscarriages of justice can occur. By providing a means for individuals to seek a review of their case, even after all other legal options have been exhausted, the Criminal Code of Canada provides an important safeguard against wrongful convictions or sentences. It is important to note that a successful application for ministerial review requires a showing of a miscarriage of justice, which can be a high legal threshold to meet. However, the provision reflects the Canadian legal system's commitment to protecting individual rights and ensuring the fair and just administration of criminal justice.

COMMENTARY

Section 696.1(1) of the Criminal Code of Canada grants an opportunity for individuals who have been convicted of crimes to appeal to the Minister of Justice for a review of their case on the grounds of a miscarriage of justice. This process functions as a last resort for individuals whose rights of judicial review or appeal have been exhausted. This section of the Criminal Code of Canada provides a sense of hope and justice for individuals who may have been unfairly convicted. It allows for the legal system to recognize the possibility of errors in judgment, biased judgements, or other oversights that may have contributed to an individual's conviction. The provision comes as a relief to individuals who otherwise may have no other mechanisms or resources available to them to address issues surrounding the validity of their conviction. The Minister of Justice has the power to order a new trial, direct that an appeal be heard, or make recommendations to the Governor General for clemency. However, the provision requires that the claimant have exhausted all legal avenues of appeal before applying for a ministerial review. This can be a difficult task especially for individuals who may have limited resources or understanding of legal procedures. Consequently, many individuals who may have been wrongfully convicted may not have access to this last resort option. Furthermore, this section also highlights the importance of addressing systemic issues within the justice system to minimize the risk of wrongful convictions. The provision comes as only a reactive measure, and there needs to be proactive measures to ensure that convictions are fair and just. In conclusion, Section 696.1(1) of the Criminal Code of Canada is a significant provision that grants an opportunity for individuals to appeal their convictions when all legal avenues of appeal have been exhausted. It functions as a last resort option for individuals who have been wrongfully convicted and provides a sense of justice and hope within the legal system. Nevertheless, there is a need for further action addressing systemic issues in the justice system to minimize the risk of wrongful convictions.

STRATEGY

Section 696.1(1) of the Criminal Code of Canada has been a crucial tool for those who have been wrongly convicted and those who have exhausted their rights of appeal or judicial review. It provides a lifeline for individuals who have faced procedural irregularities, new evidence, or legal errors during the trial or appellate process leading to their conviction. However, making an application for ministerial review on the grounds of a miscarriage of justice requires a strategic approach to increase the chances of success. One of the primary strategic considerations when dealing with this section of the Criminal Code of Canada is to satisfy the threshold for an application. As per the section, the applicant must demonstrate that a miscarriage of justice has occurred. This means that the conviction or finding must have been unsound and unreliable based on a new piece of evidence, a significant legal error, or a breach of the Charter of Rights and Freedoms. Therefore, the applicant must gather and present compelling evidence to support their claim of a miscarriage of justice and demonstrate that the miscarriage affected the fairness of the trial or appeal process. Another critical strategy is to understand the limits of the Minister of Justice's powers in reviewing a conviction or finding. The Minister of Justice does not have the power to overturn a verdict or affect the sentence. Instead, they can refer the matter to the court of appeal or order a new trial. Therefore, the applicant must consider the potential outcomes of their application and decide what they hope to achieve. For instance, if the applicant seeks to have their conviction overturned, they may consider appealing to the court of appeal instead of applying under section 696.1(1). Moreover, the applicant must consider the timing of their application and the availability of resources. The Minister of Justice receives numerous applications each year, and they have the discretion to prioritize cases based on their significance and urgency. Therefore, the applicant must ensure they submit their application on time and with all required documents. Additionally, they must have the resources to pursue the application, including legal representation, evidence gathering, and court appearances, if necessary. In conclusion, making an application for ministerial review under section 696.1(1) of the Criminal Code of Canada requires a strategic approach. The applicant must satisfy the threshold for the application, understand the limits of the Minister of Justice's powers, consider the potential outcomes, timing, and available resources. By employing these strategies, the applicant can increase their chances of success in having their application granted.