OTTAWA,
ON, April 29, 2024 /CNW/ - 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.
The Honourable Arif Virani, Minister of Justice and Attorney General of Canada, announced today that, following an
extensive review, he has ordered a new trial in the Claude Paquin case under the conviction review
provisions of the Criminal Code.
The Minister of Justice has
determined that there are reasonable grounds to conclude that a
miscarriage of justice likely occurred. This determination is a
result of the identification of new and significant information
that was not submitted to the courts at the time of Mr. Paquin's
trial or appeal, calling into question the overall fairness of the
process. The Minister's decision to order a new trial is not a
decision about the guilt or innocence of Mr. Paquin. It is a
decision to return the matter to the courts where the relevant
legal issues may be determined according to the law.
In 1983, Mr. Paquin was convicted of two counts of first-degree
murder. He was sentenced to life in prison, with no possibility of
parole for 25 years. On December 4,
1987, the Court of Appeal of Quebec dismissed his appeal. On October 27, 1988, the Supreme Court of
Canada dismissed his application
for leave to appeal. In November
1999, he was granted a reduction in the number of years of
imprisonment without eligibility for parole. He is now on full
parole. He submitted his application for criminal conviction review
in January 2020.
Quote
"A fair justice system must be compassionate and balance the
needs of victims while guarding against potential miscarriages of
justice. All people living in Canada should have confidence that the justice
system is there to protect them and that it can be trusted.
Following a thorough review of Mr. Paquin's case, I have determined
that there are reasonable grounds to conclude that a miscarriage of
justice likely occurred and that a new trial is needed."
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 to 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 consideration in
committee was completed on February 7,
2024. The Bill is now at the report stage in the House of
Commons.
Associated Links
- Department of Justice:
Criminal Conviction Review
- Regulations Respecting Applications for Ministerial Review —
Miscarriages of Justice
Stay connected
- Follow the Department of Justice
Canada on X (Twitter), Facebook, YouTube and LinkedIn.
- Follow the Minister on X (Twitter): @MinJusticeEn.
- Subscribe to receive our news releases and more via RSS feeds.
For more information or to subscribe, visit
http://justice.gc.ca/eng/news-nouv/rss.html
SOURCE Department of Justice
Canada