Minister of Justice orders new appeal in a Manitoba case following conviction review for Robert Sanderson

OTTAWA, ON, Feb. 13, 2023 /CNW/ - 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. Robert Sanderson to the Manitoba Court of Appeal for a new appeal from conviction 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 available to the courts at the time of Mr. Sanderson'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. When a matter is returned for a new appeal, an applicant's conviction is maintained and they bear the burden of establishing that errors requiring intervention may have occurred.  

In 1997, Mr. Sanderson was found guilty of three counts of first-degree murder and received the mandatory sentence of life imprisonment with no parole eligibility for 25 years. The Manitoba Court of Appeal dismissed his appeal in March 1999 and he was denied leave to appeal to the Supreme Court of Canada later that year. In 2017, Mr. Sanderson submitted an application for ministerial review. In 2018, he sought and was denied bail pending completion of the ministerial review but was released on full parole shortly afterwards.

Quotes

"The Government of Canada is committed to ensure a reliable and impartial justice system that respects the needs of victims while protecting against potential miscarriages of justice. After a thorough review of Mr. Sanderson's case, I am satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred and that a new appeal from conviction is warranted."

The Honourable David Lametti, P.C., K.C., M.P.
Minister of Justice and Attorney General of Canada

Quick Facts

• 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 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.

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