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.
The Honourable Arif Virani, Minister of Justice and Attorney General of Canada, announced today that, following an extensive review, he has ordered a new trial for Mr. Robert Mailman and Mr. Walter Gillespie under the conviction review provisions of the Criminal Code.
The Minister of Justice determined that there is a reasonable basis to conclude that a miscarriage of justice likely occurred. This determination is a result of the identification of new and significant information that was not submitted to the courts at the time of Mr. Mailman and Mr. Gillespie's trials or appeals, calling into question the overall fairness of the process. The Minister's decision to order a new trial is not a decision about the guilt or innocence of the applicants. It is a decision to return the matter to the courts where the relevant legal issues may be determined according to the law.
In 1984, Mr. Mailman and Mr. Gillespie were found guilty of second-degree murder and were sentenced to life imprisonment with no eligibility for parole for 18 years. Their appeals to the Court of Appeal for New Brunswick were dismissed on February 10, 1988. In 1994, Mr. Gillespie sought and was denied leave to appeal to the Supreme Court of Canada. Both are on parole and out of custody. They submitted their application for criminal conviction review in December 2019.
