Definition of court of appeal
696.3 (1) In this section, the court of appeal means the court of appeal, as defined by the definition court of appeal in section 2, for the province in which the person to whom an application under this Part relates was tried.
Power to refer
(2) The Minister of Justice may, at any time, refer to the court of appeal, for its opinion, any question in relation to an application under this Part on which the Minister desires the assistance of that court, and the court shall furnish its opinion accordingly.
Powers of Minister of Justice
(3) On an application under this Part, the Minister of Justice may
(a) if the Minister is satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred,
(i) direct, by order in writing, a new trial before any court that the Minister thinks proper or, in the case of a person found to be a dangerous offender or a long-term offender under Part XXIV, a new hearing under that Part, or
(ii) refer the matter at any time to the court of appeal for hearing and determination by that court as if it were an appeal by the convicted person or the person found to be a dangerous offender or a long-term offender under Part XXIV, as the case may be; or
(b) dismiss the application.
No appeal
(4) A decision of the Minister of Justice made under subsection (3) is final and is not subject to appeal.
Annotations
- Part XXI.1