For the first time in Canada, the Minister of Justice and Attorney General of Canada has ordered a new appeal following a post-mortem conviction review in the case of Russell Woodhouse. After an in-depth review, the Minister found reasonable grounds to conclude that a miscarriage of justice likely occurred in Mr. Woodhouse’s 1974 conviction. The order returns the case to the courts for the new information to be considered.

“As Minister of Justice, I have the authority under the Criminal Code to order a new appeal when new evidence shows a miscarriage of justice likely occurred. This is the first time that authority has been used in Canada in a post-mortem case. My decision does not decide guilt or innocence, as that will rest with the courts, but it ensures new information can be considered and that Mr. Woodhouse’s family has another chance to appeal his conviction. Our responsibility is to make sure Canadians can trust their justice system, and that means, in rare cases, taking action to right historic wrongs.”

— The Honourable Sean Fraser, P.C., K.C.
Minister of Justice and Attorney General of Canada and Minister responsible for the Atlantic Canada Opportunities Agency

• This is the first time in Canada that a post-mortem conviction review remedy has been granted under the Criminal Code.

• Conviction reviews are conducted under section 696.1 of the Criminal Code, which allows the Minister of Justice to order a new trial or appeal once rights of appeal have been exhausted. Until the Commission is operational, the Minister of Justice continues to exercise this responsibility under section 696.1.

• 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.

• The Department of Justice Canada’s Criminal Conviction Review Group 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.

• The Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) received Royal Assent on December 17, 2024. Under the Act, the current ministerial review process will be replaced with a new, independent commission that will be easier, faster, more fair, and more supportive of potentially wrongfully convicted people, communities, and victims of crime. Winnipeg will be the location for the Commission’s headquarters.

Associated links

• Department of Justice: Criminal Conviction Review
• Regulations Respecting Applications for Ministerial Review – Miscarriages of Justice
• Government of Canada moves closer to establishing the Miscarriage of Justice Review Commission

For more information, media may contact:

Lola Dandybaeva
Manager of Media Relations
Office of the Minister of Justice and Attorney General of Canada and Minister responsible for the Atlantic Canada Opportunities Agency
343-549-0347
lola.dandybaeva@justice.gc.ca

Media Relations
Department of Justice Canada
613-957-4207
media@justice.gc.ca

Stay Connected

• Follow the Department of Justice Canada on X (Twitter), Facebook, YouTube and LinkedIn.
• Follow the Minister on X (Twitter): @MinJusticeEn.
• Subscribe to receive our news releases and more via RSS feeds. For more information or to subscribe, visit https://www.justice.gc.ca/eng/news-nouv/rss.html.