Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-09-15 and last amended on 2014-07-11. Previous Versions

Appeals by Attorney General of Canada

Marginal note:Right of Attorney General of Canada to appeal

 The Attorney General of Canada has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province has under this Part.

  • R.S., c. C-34, s. 624.

PART XXI.1APPLICATIONS FOR MINISTERIAL REVIEW — MISCARRIAGES OF JUSTICE

Marginal note:Application
  •  (1) An application for ministerial review on the grounds of miscarriage of justice may be made to the Minister of Justice by or on behalf of a person who has been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament or has been found to be a dangerous offender or a long-term offender under Part XXIV and whose rights of judicial review or appeal with respect to the conviction or finding have been exhausted.

  • Marginal note:Form of application

    (2) The application must be in the form, contain the information and be accompanied by any documents prescribed by the regulations.

  • 2002, c. 13, s. 71.
Marginal note:Review of applications
  •  (1) On receipt of an application under this Part, the Minister of Justice shall review it in accordance with the regulations.

  • Marginal note:Powers of investigation

    (2) For the purpose of any investigation in relation to an application under this Part, the Minister of Justice has and may exercise the powers of a commissioner under Part I of the Inquiries Act and the powers that may be conferred on a commissioner under section 11 of that Act.

  • Marginal note:Delegation

    (3) Despite subsection 11(3) of the Inquiries Act, the Minister of Justice may delegate in writing to any member in good standing of the bar of a province, retired judge or any other individual who, in the opinion of the Minister, has similar background or experience the powers of the Minister to take evidence, issue subpoenas, enforce the attendance of witnesses, compel them to give evidence and otherwise conduct an investigation under subsection (2).

  • 2002, c. 13, s. 71.

Definition of “court of appeal”

  •  (1) In this section, “the court of appeal” means the court of appeal, as defined by the definition “court of appeal” in section 2, for the province in which the person to whom an application under this Part relates was tried.

  • Marginal note:Power to refer

    (2) The Minister of Justice may, at any time, refer to the court of appeal, for its opinion, any question in relation to an application under this Part on which the Minister desires the assistance of that court, and the court shall furnish its opinion accordingly.

  • Marginal note:Powers of Minister of Justice

    (3) On an application under this Part, the Minister of Justice may

    • (a) if the Minister is satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred,

      • (i) direct, by order in writing, a new trial before any court that the Minister thinks proper or, in the case of a person found to be a dangerous offender or a long-term offender under Part XXIV, a new hearing under that Part, or

      • (ii) refer the matter at any time to the court of appeal for hearing and determination by that court as if it were an appeal by the convicted person or the person found to be a dangerous offender or a long-term offender under Part XXIV, as the case may be; or

    • (b) dismiss the application.

  • Marginal note:No appeal

    (4) A decision of the Minister of Justice made under subsection (3) is final and is not subject to appeal.

  • 2002, c. 13, s. 71.