OTTAWA, ON, Feb. 26, 2025 /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.
Following an extensive review, the Honourable Arif Virani, Minister of Justice and Attorney General of Canada, announced today that he has ordered a new trial for Mr. Roy Allan Sobotiak under the conviction review provisions of the Criminal Code.
The Minister of Justice has determined that there are reasonable grounds to conclude that a miscarriage of justice likely occurred. This is the result of the identification of new information that was not before the courts at the time of Mr. Sobotiak's trial or appeal. The Minister's 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.
In 1991, Mr. Sobotiak was convicted of the second-degree murder of Susan Kaminsky, who disappeared in 1987. He was sentenced to life imprisonment with no eligibility for parole for sixteen and a half years. On May 31, 1994, the Alberta Court of Appeal dismissed Mr. Sobotiak's appeal against his conviction. His application for leave to appeal to the Supreme Court of Canada was dismissed in 2004. In February 2021, Mr. Sobotiak applied to the Minister of Justice for a review of his conviction pursuant to s. 696.1 of the Criminal Code.
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"An unbiased justice system must account for the needs of victims while safeguarding against potential miscarriages of justice. All people in Canada should have confidence that the criminal conviction process is equitable, and conducted at the highest standard. Following a complete review of Mr. Sobotiak's case, I have determined that there are reasonable grounds to conclude that a miscarriage of justice likely occurred, and that a new trial should be ordered."
The Honourable Arif Virani, P.C., M.P.
Minister of Justice and Attorney General of Canada
Quick Facts
- 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 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, such as new information that has surfaced since the trial and appeal.
- Section 696.1 of the Criminal Code provides that a person who has been convicted of an offence and who has exhausted all rights of appeal may apply to the Minister of Justice for a review of their conviction.
- The Criminal Conviction Review Group of the Department of Justice Canada conducts an investigation on behalf of the Minister of Justice. The Minister can order a new trial or appeal if satisfied that a miscarriage of justice likely occurred.
- 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.
- On February 16, 2023, the Minister of Justice and Attorney General of Canada introduced Bill C-40 (Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)) to amend to the Criminal Code to establish an independent commission to review, investigate, and decide which criminal cases should be returned to the justice system due to a potential miscarriage of justice. The Bill received Royal Assent on December 17, 2024.
Associated Links
- Department of Justice: Criminal Conviction Review
- Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice
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SOURCE Department of Justice Canada
For more information, media may contact: Anna Lisa Lowenstein, Director, Parliamentary Affairs, Office of the Minister of Justice and Attorney General of Canada, 343-575-8501, [email protected]; Media Relations, Department of Justice Canada, 613-957-4207, [email protected]
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