The Government is committed to a fair and impartial criminal justice system that protects communities and respects the needs of victims while guarding against potential miscarriages of justice.
The Honourable David Lametti, Minister of Justice and Attorney General of Canada, announced today that following an extensive review, he has referred the case of Mr. Wade Skiffington to the Court of Appeal for British Columbia for a new appeal pursuant to the conviction review provisions of the Criminal Code.
Before deciding to order a new trial or appeal, the Minister of Justice must be satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred. Determining whether a miscarriage of justice likely occurred involves a close examination of information initially submitted in support of the application, followed by an in-depth investigation. A key consideration is whether the application is supported by new matters of significance, usually new information that has surfaced since the trial and appeal.
The Minister's decision that there is a reasonable basis to conclude that a miscarriage of justice likely occurred is the result of the identification of new information that was not before the courts at the time of Mr. Skiffington's trial or appeal. It is not a decision about the guilt or innocence of the applicant, but rather a decision to return the matter to the courts where the relevant legal issues may be determined according to the law.
In 2001, Mr. Skiffington was found guilty of second-degree murder and sentenced to life imprisonment with no eligibility for parole for 13 years. His appeal to the Court of Appeal for British Columbia dismissed his appeal in 2004. In 2013, he sought and was denied leave to appeal to the Supreme Court of Canada. Having exhausted all rights of appeal, he submitted an application for criminal conviction review in 2017. In early 2019, after 17 years in custody, the B.C. Superior Court granted him bail pending completion of his conviction review.
