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Minister of Justice orders new trial in British Columbia case following conviction review

The Government is committed to a fair and impartial criminal justice system that protects communities and respects the needs of victims while guarding against potential miscarriages of justice.

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PHOTO: Justice Minister David Lametti has ordered a new trial for a man who was convicted of murder in 1995 after finding a likely miscarriage of justice. (Adrian Wyld/Canadian Press)

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OTTAWA, ON,Β March 29, 2022Β /CNW/ – The Government is committed to a fair and impartial criminal justice system that protects communities and respects the needs of victims while guarding against potential miscarriages of justice.

TheΒ HonourableΒ DavidΒ Lametti, Minister ofΒ JusticeΒ and Attorney General ofΒ Canada, announced today that following an extensive review, he has ordered a new trial for Mr. GeraldΒ KlassenΒ under the conviction review provisions of the Criminal Code.

Before deciding to order a new trial or appeal, the Minister ofΒ JusticeΒ must be satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred. Determining whether a miscarriage of justice likely occurred involves a close examination of information initially submitted in support of the application, followed by an in-depth investigation. A key consideration is whether the application is supported by new matters of significance, usually new information that has surfaced since the trial and appeal.

The Minister’s decision that there is a reasonable basis to conclude that a miscarriage of justice likely occurred is the result of the identification of new information that was not before the courts at the time of Mr.Β Klassen’sΒ trial or appeal. It is not a decision about the guilt or innocence of the applicant, but rather a decision to return the matter to the courts where the relevant legal issues may be determined according to the law.

In 1995, Mr.Β KlassenΒ was found guilty of first-degree murder and sentenced to life imprisonment. In 1997, theΒ British ColumbiaΒ Court of Appeal dismissed his appeal and the Supreme Court ofΒ CanadaΒ declined to hear his case. He served nearly 26 years in prison before being released on bail pending ministerial review inΒ December 2020.

Mr.Β Klassen’sΒ matter has been remitted to the Supreme Court of British ColumbiaΒ for a new trial.

Quotes

We recognize the importance of Canadians having confidence in their justice system, one that is impartial and respects the needs of victims while protecting against potential miscarriages of justice. After a thorough review of Mr. Klassen’s case, I am satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred and that a new trial should be ordered.

The Honourable David Lametti, P.C., Q.C., M.P.
Minister ofΒ JusticeΒ and Attorney General ofΒ Canada

Quick Facts
  • Section 696.1 of theΒ Criminal CodeΒ provides that a person who has been convicted of an offence and who has exhausted all rights of appeal may apply to the Minister ofΒ JusticeΒ for a review of their conviction.
  • The Criminal Conviction Review Group of the Department of Justice conducts an investigation on behalf of the Minister ofΒ Justice. The Minister can order a new trial or appeal if satisfied that a miscarriage of justice likely occurred.
  • InΒ November 2021, the Honourable Harry LaForme, former justice of theΒ OntarioΒ Court of Appeal, and the Honourable Juanita Westmoreland-TraorΓ©, former judge of the Court ofΒ Quebec, submitted their report on the creation of an independent commission to consider wrongful conviction applications.
  • Additional information about the role of the Minister ofΒ JusticeΒ in the current criminal conviction review process inΒ CanadaΒ can be found at the following link:Β Criminal Conviction Review Process.
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SOURCE Department ofΒ Justice Canada

For further information: Chantalle Aubertin, Press Secretary, Office of the Minister of Justice, 613-992-6568; Media Relations, Department of Justice Canada, 613-957-4207,Β media@justice.gc.ca

The Department of Justice works to ensure that Canada’s justice system is as fair, accessible and efficient as possible. The Department helps the federal government to develop policy and to draft and reform laws as needed. At the same time, it acts as the government’s legal adviser, providing legal counsel and support, and representing the Government of Canada in court.

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