Applications for Ministerial Review – Miscarriages of Justice

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4. Statistical Information

Reporting Period

The period covered by this annual report is from April 1, 2011, to March 31, 2012.

Inquiries

This category includes people who contact the CCRG for general information about the conviction review process or to request a copy of the booklet Applying for a Conviction Review or other information.

During the reporting period, the CCRG received 20 such inquiries.

Applications Made to the Minister

Table 1 indicates the number of applications that the Minister actually received during this reporting period. An application is considered to be “completed” when a person has submitted the forms, information and supporting documents required by the regulations. The Minister received 16 applications during this reporting period.

An application is considered to be “partially completed” where a person has submitted some but not all of the forms, information and supporting documents required by the regulations. For example, a person may have submitted the required application form but not the supporting documents required.

Although it is the applicant’s responsibility to provide the required documentation, CCRG staff frequently assists applicants. It is not unusual for an application to remain in the “partially completed” category for a time while the applicant gathers and submits the necessary documents and information.

Of the 16 applications made to the Minister during the reporting period, one fell into the “partially completed” category.

An application is “screened out” if the person is not eligible to make an application for ministerial review. This category covers a variety of circumstances – for example, if it relates to a provincial offence, involves a civil matter, or deals with the same subject matter as a previously denied application and does not raise any new matters of significance. Four applications were screened out during this reporting period.

TABLE 1: APPLICATIONS MADE TO THE MINISTER
FROM APRIL 1, 2011, TO MARCH 31, 2012

Applications completed	11
Applications partially completed	1
Applications screened out	4
TOTAL	16

Progress of Applications through the Conviction Review Process

Table 2 summarizes the work completed in the first three stages of the conviction review process. Eleven preliminary assessments were completed during the period covered by this report. One investigation was completed during the reporting period, and none were abandoned by applicants.

The time required to conduct a preliminary assessment typically ranges from a few weeks to several months. An investigation usually takes a number of months to complete, although the time required varies with the complexity of the case.

TABLE 2: PROGRESS OF APPLICATIONS THROUGH THE CONVICTION REVIEW PROCESS
FROM APRIL 1, 2011, TO MARCH 31, 2012

Preliminary assessments completed	11
Investigations completed	1
Applications abandoned	0
TOTAL	12

Preliminary Assessments

Tables 3 and 4 provide further information about the work done at the preliminary assessment stage of the conviction review process. Table 3 summarizes the 17 applications that were at the preliminary assessment stage during the reporting period. There were two applications awaiting preliminary assessment, four preliminary assessments were under way, and eleven were completed. No preliminary assessments were abandoned. A preliminary assessment is considered to be “under way” if it commenced during the reporting period, or if it commenced beforehand but continued during the reporting period.

Table 4 shows that one of the eleven applications where preliminary assessments were completed proceeded to the investigation stage. In the other ten cases, the new matters submitted by the applicant were not sufficient to suggest that there might be a reasonable basis to conclude that a miscarriage of justice likely occurred.

TABLE 3: SUMMARY OF APPLICATIONS AT THE PRELIMINARY ASSESSMENT STAGE
FROM APRIL 1, 2011, TO MARCH 31, 2012

Applications awaiting preliminary assessment	2
Preliminary assessments completed	11
Preliminary assessments abandoned by the applicant	0
Preliminary assessments under way but not yet completed	4
TOTAL	17

TABLE 4: DISPOSITION OF APPLICATIONS FOLLOWING PRELIMINARY ASSESSMENT STAGE
FROM APRIL 1, 2011, TO MARCH 31, 2012

Applications that did not proceed to the investigation stage following a preliminary assessment	10
Applications that proceeded to the investigation stage following a preliminary assessment	1
TOTAL	11

Investigations

Table 5 summarizes the work done on applications at the investigation stage during the reporting period. An investigation is considered to be “complete” when an investigation report is forwarded to the Minister for review and decision.

One investigation was completed during the reporting period. One investigation that had been carried over from the previous reporting period is still under review.

TABLE 5: SUMMARY OF APPLICATIONS AT THE INVESTIGATION STAGE
FROM APRIL 1, 2011,TO MARCH 31, 2012

Investigations completed	1
Investigations under way but not yet completed	1
TOTAL	2

Decisions

Table 6 summarizes the decisions made by the Minister during the reporting period. The Minister made one decision during this period, to dismiss an application.

TABLE 6: DECISIONS MADE BY THE MINISTER
FROM APRIL 1, 2011, TO MARCH 31, 2012

Applications dismissed	1
Applications granted	0
TOTAL	1

Applications Abandoned or Held in Abeyance

During the reporting period, no applications were abandoned at the preliminary assessment stage or at the decision stage. No applications were held in abeyance at the request of the applicants and none were held in abeyance by the CCRG pending a review by provincial authorities.

5. Contacting the Criminal Conviction Review Group

Applicants and interested parties are encouraged to communicate with the CCRG in writing. Initial contact may also be made by e-mail.

Mail

Minister of Justice
Criminal Conviction Review Group
284 Wellington Street
Ottawa, Ontario
K1A 0H8

E-mail

Initial inquiries: ccrg-grcc@justice.gc.ca

Telephone

Information for contact by telephone will be provided following the initial contact by mail or e-mail.

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