OTTAWA, ON, April 29, 2024 /CNW/ - A fair and impartial criminal justice system is one that protects communities and respects the needs of victims while guarding against potential miscarriages of justice.

The Honourable Arif Virani, Minister of Justice and Attorney General of Canada, announced today that, following an extensive review, he has ordered a new trial in the Claude Paquin case under the conviction review provisions of the Criminal Code.

The Minister of Justice has determined that there are reasonable grounds to conclude that a miscarriage of justice likely occurred. This determination is a result of the identification of new and significant information that was not submitted to the courts at the time of Mr. Paquin's trial or appeal, calling into question the overall fairness of the process. The Minister's decision to order a new trial is not a decision about the guilt or innocence of Mr. Paquin. It is a decision to return the matter to the courts where the relevant legal issues may be determined according to the law.

In 1983, Mr. Paquin was convicted of two counts of first-degree murder. He was sentenced to life in prison, with no possibility of parole for 25 years. On December 4, 1987, the Court of Appeal of Quebec dismissed his appeal. On October 27, 1988, the Supreme Court of Canada dismissed his application for leave to appeal. In November 1999, he was granted a reduction in the number of years of imprisonment without eligibility for parole. He is now on full parole. He submitted his application for criminal conviction review in January 2020.

"A fair justice system must be compassionate and balance the needs of victims while guarding against potential miscarriages of justice. All people living in Canada should have confidence that the justice system is there to protect them and that it can be trusted. Following a thorough review of Mr. Paquin's case, I have determined that there are reasonable grounds to conclude that a miscarriage of justice likely occurred and that a new trial is needed."

The Honourable Arif Virani, P.C., M.P.
Minister of Justice and Attorney General of Canada

• Before deciding to order a new trial or appeal, the Minister of Justice must be satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred. This determination 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, such as new information that has surfaced since the trial and appeal.
• Section 696.1 of the Criminal Code provides that a person who has been convicted of an offence and who has exhausted all rights of appeal may apply to the Minister of Justice for a review of their conviction.
• The Criminal Conviction Review Group of the Department of Justice conducts an investigation on behalf of the Minister of Justice. The Minister can order a new trial or appeal if satisfied that a miscarriage of justice likely occurred.
• Additional information about the role of the Minister of Justice in the current criminal conviction review process in Canada can be found at the following link: Criminal Conviction Review Process.
• On February 16, 2023, the Minister of Justice and Attorney General of Canada introduced Bill C-40 (Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)) to amend to the Criminal Code to establish an independent commission to review, investigate, and decide which criminal cases should be returned to the justice system due to a potential miscarriage of justice. The Bill passed second reading in the House of Commons on June 21, 2023, and consideration in committee was completed on February 7, 2024. The Bill is now at the report stage in the House of Commons.

• Department of Justice: Criminal Conviction Review
• Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice

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SOURCE Department of Justice Canada

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