(Ottawa) The federal Minister of Justice has ordered the Quebec Court of Appeal to review the conviction of a man convicted of sexual assault more than two decades ago.
Justice Minister Arif Virani said in a statement that there is “a reasonable basis to conclude that a miscarriage of justice likely occurred,” based on new information not available during the trial or the call from Quebecers.
The man is only identified by the initials M. R., since the case concerned an alleged sexual assault on a minor in his care.
Minister Virani says that after a thorough review, he sent the matter back to the Quebec Court of Appeal to hear a new appeal in accordance with the conviction review provisions of the Criminal Code.
In February 2002, Mr. R. was convicted by the Quebec Provincial Court of sexually assaulting a minor between 1998 and 2000 and was sentenced to two years less a day.
The Quebec Court of Appeal rejected Mr. R.’s appeal on 1er September 2004 and, in April 2005, the Supreme Court of Canada refused him leave to appeal.
A request for review of the criminal conviction was filed in 2017.
The minister says the new information calls into question the fairness of the legal process, but stresses that ordering a new appeal does not constitute a decision on the guilt or innocence of the accused.