[2011] 3 F.C.R. D-10
Criminal Justice
Judicial review of Minister of Justice’s decision denying application for review of criminal conviction of applicant under former Criminal Code, R.S.C., 1985, c. C-46, s. 690, now ss. 696.1 to 696.6—Applicant convicted of non-capital murder—Applicant claiming new alibi as well as fact applicant victim of miscarriage of justice due to criminal behaviour of investigating police officers—Minister finding little reliable information supporting thesis of alibi defence, no credible evidence supporting allegation of conduct of police officers—Whether Minister breaching duty to comply with applicable principles of fundamental justice under Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7 or duty of fairness—In this case, applicant not showing that applicant passing first step of s. 7 analysis because submissions regarding impact of decision on parole conditions vague—Not necessary to determine whether s. 7 applying since Minister not in breach of duty similar to that imposed by common law in this case—Obligation to conduct neutral, thorough investigation not meaning it must be perfect—Criminal Code, s. 696.4 confirming that Minister to take into account all matters latter considering relevant to application—Latitude given to Minister in this regard consistent with other provisions under ss. 696.1 et seq., especially when considering exercise of royal prerogative involved—That said, Court’s decision in this case not to be interpreted as acquiescence to limited interpretation of word “reliability” at s. 696.4(b)—Reliability broad concept, scope changing depending on context—Decision to be transparent, intelligible and justified—Courts to take into account certain principles when determining whether these purposes met, including extraneous material, adequacy of reasons—In this case, Minister’s decision meeting standards of reasonableness, duty of fairness—Application dismissed.
Bilodeau v. Canada (Justice) (T-417-10, 2011 FC 886, Gauthier J., judgment dated July 14, 2011, 62 pp.)