OTTAWA, June 1, 2012 — The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, today announced he has referred the case of Yves Plamondon to the Quebec Court of Appeal, under the conviction review provisions of the Criminal Code, for its opinion on several evidentiary issues.
"I am asking the Quebec Court of Appeal to examine certain legal issues that were discovered during the review of his application and to provide its opinion on them," said the Minister.
Mr. Plamondon was convicted of three counts of first-degree murder of three men in Québec. On March 27, 1991, his appeal to the Quebec Court of Appeal was rejected and on September 12, 1991, his leave to appeal to the Supreme Court of Canada was denied.
Mr. Plamondon's counsel subsequently filed an application to the Minister of Justice for a review of the murder convictions pursuant to sections 696.1-696.6 of the Criminal Code.
When reviewing applications from those who allege that a miscarriage of justice has occurred, the Minister has the legal authority, at any time prior to his decision, to seek the assistance of the Court of Appeal by requesting the Court's opinion on any legal issue. The Minister is requesting that assistance in this case.
The Minister decided to refer the matter to the Quebec Court of Appeal for its opinion after reviewing the Investigation Report and the advice of the agent who conducted the review on behalf of the Minister; the submissions of Mr. Plamondon's counsel and of the Minister of Justice of Quebec; and the recommendations of Mr. Bernard Grenier, the Minister's Special Advisor on Wrongful Convictions.
When rendering a decision on an application for ministerial review, the Minister does not make a finding of guilt or innocence. Only the Court can decide the issue of an applicant's guilt or innocence.
Further information about applications for ministerial review and the conviction review process is available at the CCRG website.
-30-
For more information:
Julie Di Mambro
Press Secretary
Office of the Minister of Justice
613-992-4621
Media Relations
Department of Justice
613-957-4207
