Minister of Justice refers case to the Court of Appeal for Ontario for a new appeal following conviction review

From: Department of Justice Canada

News release

August 9, 2023 – Ottawa, Ontario – Department of Justice Canada

A fair and impartial criminal justice system is one that protects communities and respects the needs of victims while guarding against potential miscarriages of justice.

Today, the Honourable Arif Virani, Minister of Justice and Attorney General of Canada, announced that he has referred the case of Mr. Timothy Rees to the Court of Appeal for Ontario for a new appeal pursuant to the conviction review provisions of the Criminal Code.

Following an extensive review, former Minister of Justice and Attorney General of Canada, David Lametti, determined that there is a reasonable basis to conclude that a miscarriage of justice likely occurred. Minister Virani has reviewed the file and is supportive of this decision. This determination is a result of the identification of new information that was not before the courts at the time of Mr. Rees’s trial or appeal. A Minister’s decision to order a new appeal is not a decision about the guilt or innocence of the applicant. It is a decision to return the matter to the courts where the relevant legal issues may be determined according to the law.

In 1990, Mr. Rees was found guilty of second-degree murder and was sentenced to life imprisonment with no eligibility for parole for 15 years. His appeal to the Court of Appeal for Ontario was dismissed on June 16, 1994. In 1995, he sought and was denied leave to appeal to the Supreme Court of Canada. In 2009, after 19 years in custody, he was released on day parole and is currently out of custody on full parole. He submitted an application for criminal conviction review in 2018. 

Quotes

“All people in Canada must have confidence that the justice system is there to protect them and that it can be trusted. A fair justice system must also be compassionate and balance the needs of victims while guarding against potential miscarriages of justice, which is why we have a process in place to review such cases. This case is particularly tragic in that it involves the death of a child. However, after a review of Mr. Rees’s case, there is a reasonable basis to conclude that a miscarriage of justice likely occurred and that a new appeal from conviction is warranted.”

The Honourable Arif Virani, P.C., M.P.
Minister of Justice and Attorney General of Canada

Quick facts

  • Before deciding to order a new trial or appeal, the Minister of Justice must be satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred. This determination involves a close examination of information initially submitted in support of the application, followed by an in-depth investigation. A key consideration is whether the application is supported by new matters of significance, such as new information that has surfaced since the trial and appeal.

  • Section 696.1 of the Criminal Code provides that a person who has been convicted of an offence and who has exhausted all rights of appeal may apply to the Minister of Justice for a review of their conviction.

  • The Criminal Conviction Review Group of the Department of Justice conducts an investigation on behalf of the Minister of Justice. The Minister can order a new trial or appeal if satisfied that a miscarriage of justice likely occurred.

  • Additional information about the role of the Minister of Justice in the current criminal conviction review process in Canada can be found at the following link: Criminal Conviction Review Process.

  • On February 16, 2023, the Minister of Justice and Attorney General of Canada introduced Bill C-40 (Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law)) to amend the Criminal Code to establish an independent commission to review, investigate, and decide which criminal cases should be returned to the justice system due to a potential miscarriage of justice. The Bill passed second reading in the House of Commons on June 21, 2023, and was referred to committee.

Associated links

Contacts

For more information, media may contact:

Chantalle Aubertin
Press Secretary
Office of the Minister of Justice and Attorney General of Canada
613-992-6568
Chantalle.Aubertin@justice.gc.ca

Media Relations
Department of Justice Canada
613-957-4207
media@justice.gc.ca

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