1. Introduction

Since 1892, the Minister of Justice has had the power, in one form or another, to review a criminal conviction under federal law to determine whether there may have been a miscarriage of justice. The current regime is set out in sections 696.1 to 696.6 of the Criminal Code. The conviction review process begins when a person submits an “application for ministerial review (miscarriages of justice)”, also known as a conviction review application.

The Minister must take into account all relevant matters in assessing an application, including whether the application is supported by “new matters of significance” – usually important new information or evidence that was not previously considered by the courts. If the Minister is satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred, the Minister may grant the convicted person a remedy and return the case to the courts – either referring the case to a court of appeal to be heard as a new appeal or directing that a new trial be held. The Minister may also, at any time, refer a question to the court of appeal in the appropriate province.

The Minister’s decision that there is a reasonable basis to conclude that a miscarriage of justice likely occurred in a case does not amount to a declaration that the convicted person is innocent. Rather, such a decision leads to a case being returned to the judicial system, where the relevant legal issues may be determined by the courts according to the law.

Under section 696.5 of the Criminal Code, the Minister of Justice is required to submit an annual report to Parliament regarding applications for ministerial review (miscarriages of justice) within six months of the end of the fiscal year. This is the 23rd annual report, and it covers the period from April 1, 2024 to March 31, 2025. Under the Regulations Respecting Applications for Ministerial Review – Miscarriages of Justice (the Regulations), the report must address the following matters: