Minister of Justice orders new trial in Quebec case following conviction review

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Minister of Justice orders new trial in Quebec case following conviction review

Canada NewsWire

OTTAWA, ON, July 17, 2026

OTTAWA, ON, July 17, 2026 /CNW/ -- 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 Sean Fraser, Minister of Justice and Attorney General of Canada, has ordered a new trial following a criminal conviction review in the case of Daniel Jolivet under the conviction review provisions of the Criminal Code. The decision to order a new trial 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 new relevant legal issues may be determined according to the law. 

After an in-depth review, the Minister found reasonable grounds to conclude that a miscarriage of justice likely occurred in Mr. Jolivet's 1994 conviction. This is the result of the identification of new information that was not before the courts at the time of Mr. Jolivet's trial or appeal. The order returns the case to the courts for the new information to be considered.

Following the preliminary assessment conducted by the Criminal Conviction Review Group, retired Justice Robert M. Mainville was assigned to complete the review of the application submitted by Mr. Jolivet.

Quote

"As Minister of Justice, I have the authority under the Criminal Code to order a new trial or appeal when new evidence shows a miscarriage of justice likely occurred. My decision does not decide guilt or innocence, as that will rest with the courts. Our responsibility is to make sure Canadians can trust their justice system, and that means, in rare cases, returning cases to the courts for new information to be considered."

The Honourable Sean Fraser, P.C., K.C.
Minister of Justice and Attorney General of Canada and Minister responsible for the Atlantic Canada Opportunities Agency

Quick Facts

  • Conviction reviews are conducted under section 696.1 of the Criminal Code, which allows the Minister of Justice to order a new trial or appeal once rights of appeal have been exhausted.
  • 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. This determination involves a close examination of any information 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, such as new information that has surfaced since the trial and appeal.
  • The Department of Justice Canada's Criminal Conviction Review Group conducts an investigation on behalf of the Minister of Justice. Based on the results of this investigation, the Minister may then order a new trial or appeal if satisfied that a miscarriage of justice likely occurred.
  • The Minister can, on a case-by-case basis, retain an agent from outside the Department of Justice Canada to conduct the review of an application.
  • Additional information about the role of the Minister of Justice in the current criminal conviction review process in Canada can be found at the following link: Criminal Conviction Review Process.
  • Under the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law), the current ministerial review process is set to be replaced with a new, independent commission that is intended to be easier, faster, and more supportive of individuals who have been potentially wrongfully convicted, and to recognize the distinct challenges of marginalized communities, with particular attention to Indigenous and Black communities.
  • The Government of Canada continues to work diligently towards the establishment of the Miscarriage of Justice Review Commission.

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SOURCE Department of Justice Canada