Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice
P.C. 2002-1951 2002-11-21
Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 696.1(2)Footnote a and section 696.6Footnote a of the Criminal Code, hereby makes the annexed Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice.
Return to footnote aS.C. 2002, c. 13, s. 71
1. The following definitions apply in these Regulations.
“Code” means the Criminal Code. (Code)
“Minister” means the Minister of Justice. (ministre)
2. (1) For the purposes of subsection 696.1(2) of the Code, an application for ministerial review under Part XXI.1 of the Code shall be in the form set out in the schedule and contain the following information:
(a) with respect to the applicant,
(i) the applicant’s name, including any alias or former name,
(ii) the applicant’s address, date of birth and, if any, the number assigned to the applicant under the Royal Canadian Mounted Police Automated Fingerprint Identification System,
(iii) the name, address and telephone number of the person making the application on the applicant’s behalf, if any,
(iv) whether the alleged miscarriage of justice relates to a conviction on an offence punishable on summary conviction or on an indictable offence, or, in the case of a finding of dangerous offender or long-term offender under Part XXIV of the Code, particulars of the finding, and
(v) whether the applicant is in custody;
(b) with respect to any pre-trial hearings,
(i) the date of the preliminary inquiry, if any,
(ii) the court and its address, and
(iii) the number, type and date of any pre-trial motions, as well as the court decision on those motions;
(c) with respect to the trial,
(i) the date on which it started,
(ii) the court and its address, the plea entered at trial, the mode of trial and the date of the conviction and that of sentencing,
(iii) the names and addresses of all counsel involved in the trial, and
(iv) the number, type and date of any motions made, as well as the date of the court decision on those motions;
(d) particulars regarding any subsequent appeals to the court of appeal or the Supreme Court of Canada;
(e) the grounds for the application; and
(f) a description of the new matters of significance that support the application, if any.
(2) The application must be accompanied by the following documents:
(a) the applicant’s signed consent authorizing the Minister
(i) to have access to the applicant’s personal information that is required for reviewing the application, and
(ii) to disclose to any person or body the applicant’s personal information obtained in the course of reviewing the application in order for the Minister to obtain from that person or body any information that is required for reviewing the application;
(b) a true copy of the information or indictment;
(c) a true copy of the trial transcript, including any preliminary hearings;
(d) a true copy of all material filed by the defence counsel and Crown counsel in support of any pre-trial and trial motions;
(e) a true copy of all factums filed on appeal;
(f) a true copy of all court decisions; and
(g) any other document that the applicant considers necessary for the review of the application.
- SOR/2011-97, s. 1.
- Date modified: