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.
Today, the Honourable Arif Virani, Minister of Justice and Attorney General of Canada, announced that he has referred the case of Mr. Timothy Rees to the Court of Appeal for Ontario for a new appeal pursuant to the conviction review provisions of the Criminal Code.
Following an extensive review, former Minister of Justice and Attorney General of Canada, David Lametti, determined that there is a reasonable basis to conclude that a miscarriage of justice likely occurred. Minister Virani has reviewed the file and is supportive of this decision. This determination is a result of the identification of new information that was not before the courts at the time of Mr. Rees's trial or appeal. A Minister's decision to order a new appeal is not a decision about the guilt or innocence of the applicant. It is a decision to return the matter to the courts where the relevant legal issues may be determined according to the law.
In 1990, Mr. Rees was found guilty of second-degree murder and was sentenced to life imprisonment with no eligibility for parole for 15 years. His appeal to the Court of Appeal for Ontario was dismissed on June 16, 1994. In 1995, he sought and was denied leave to appeal to the Supreme Court of Canada. In 2009, after 19 years in custody, he was released on day parole and is currently out of custody on full parole. He submitted an application for criminal conviction review in 2018.
