ANNUAL REPORT 2010 MINISTER OF JUSTICE

4. Statistical Information

Reporting Period

The period covered by this annual report is from April 1, 2009, to March 31, 2010.

Inquiries

This year, the report includes a new category: inquiries. This new category includes people who contact the CCRG for general information about the conviction review process or other information but do not formally request the booklet Application for a Conviction Review.

During the reporting period, the CCRG received 11 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 seven completed 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 assist 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 22 applications made to the Minister during the reporting period, six fall 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. Nine applications were screened out during this reporting period.

TABLE 1: APPLICATIONS MADE TO THE MINISTER FROM APRIL 1, 2009, TO MARCH 31, 2010
Applications completed 7
Applications partially completed 6
Applications screened out 9
TOTAL 22

Progress of Applications through the Conviction Review Process

Table 2 summarizes the work completed in the first three stages of the conviction review process. Ten preliminary assessments were completed during the period covered by this report. No investigations were 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, 2009, TO MARCH 31, 2010
Preliminary assessments completed 10
Investigations completed 0
Applications abandoned 0
TOTAL 10

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 22 applications that were at the preliminary assessment stage during the reporting period. There were nine applications awaiting preliminary assessment, three preliminary assessments were under way, and ten were completed. No preliminary assessments were abandoned. An application 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 two of the ten applications where preliminary assessments were completed proceeded to the investigation stage. In the other eight 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, 2009, TO MARCH 31, 2010
Applications awaiting preliminary assessment 9
Preliminary assessments completed 10
Preliminary assessments abandoned by the applicant 0
Preliminary assessments under way but not yet completed 3
TOTAL 22

TABLE 4: DISPOSITION OF APPLICATIONS FOLLOWING PRELIMINARY ASSESSMENT STAGE FROM APRIL 1, 2009, TO MARCH 31, 2010
Applications that did not proceed to the investigation stage following a preliminary assessment 8
Applications that proceeded to the investigation stage following a preliminary assessment 2
TOTAL 10

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.

No investigations were completed during the reporting period. Two investigations that had been carried over from the previous reporting period are still under review.

TABLE 5: SUMMARY OF APPLICATIONS AT THE INVESTIGATION STAGE FROM APRIL 1, 2009, TO MARCH 31, 2010
Investigations completed 0
Investigations under way but not yet completed 2
TOTAL 2

Decisions

Table 6 summarizes the decisions made by the Minister during the reporting period. The Minister made two decisions during this period, granting one application by referring the case to the court of appeal and dismissing the other.

TABLE 6: DECISIONS MADE BY THE MINISTER FROM APRIL 1, 2009, TO MARCH 31, 2010
Applications dismissed 1
Applications granted 1
TOTAL 2

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, but one was held in abeyance by the CCRG pending a review by provincial authorities.

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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