Minister of Justice orders new trial in New Brunswick case following conviction review
News release
December 22, 2023 – Ottawa, Ontario – Department of Justice Canada
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 for Mr. Robert Mailman and Mr. Walter Gillespie under the conviction review provisions of the Criminal Code.
The Minister of Justice determined that there is a reasonable basis 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. Mailman and Mr. Gillespie’s trials or appeals, 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 the applicants. It is a decision to return the matter to the courts where the relevant legal issues may be determined according to the law.
In 1984, Mr. Mailman and Mr. Gillespie were found guilty of second-degree murder and were sentenced to life imprisonment with no eligibility for parole for 18 years. Their appeals to the Court of Appeal for New Brunswick were dismissed on February 10, 1988. In 1994, Mr. Gillespie sought and was denied leave to appeal to the Supreme Court of Canada. Both are on parole and out of custody. They submitted their application for criminal conviction review in December 2019.
Quotes
“All people living in Canada must have confidence that the justice system is there to protect them and that it can be trusted. A fair justice system must also be compassionate and balance the needs of victims while guarding against potential miscarriages of justice, which is why we have a process in place to review such cases. After a thorough review of Mr. Mailman and Mr. Gillespie’s case, I have determined that there are reasonable grounds to conclude that a miscarriage of justice likely occurred and have ordered a new trial.”
The Honourable Arif Virani, P.C., M.P.
Minister of Justice and Attorney General of Canada
Quick facts
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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.
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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.
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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.
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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.
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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 was referred to committee.
Associated links
Contacts
For more information, media may contact:
Chantalle Aubertin
Press Secretary
Office of the Minister of Justice and Attorney General of Canada
613-992-6568
Chantalle.Aubertin@justice.gc.ca
Media Relations
Department of Justice Canada
613-957-4207
media@justice.gc.ca
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