How听It Works
The Criminal Code of Canada provides a mechanism which allows individuals who believe they were wrongfully convicted to apply for review by the听听(the 鈥淐ommission鈥�). Upon reviewing an application, the听Comission听does not decide whether an individual is guilty or not. Rather, they determine whether a miscarriage of justice may have occurred. If such is the case, the matter will be referred back to the courts if the Commission considers that it is in the interests of justice to do so.
What is a New Matter of Significance?
A new matter听of significance听is a matter听not considered by the courts or previously considered by the Commission in an application in relation to the same finding or verdict, requires investigation, and does not raise only a question of law. For example, information confirming/establishing an alibi, another person鈥檚 confession to the crime, relevant scientific/forensic evidence, information contradicting testimony given at trial, proof of evidence not having been disclosed, etc.
Who Can Apply?
This process is available to individuals who have been found guilty of a crime or whose guilty plea has been accepted, who have been found to be a dangerous offender or long-term offender,听or听who have been the subject of a verdict of not criminally responsible on account of mental disorder.
Typically, a 696 application can only be submitted when all other forms of appeal have been exhausted. However, the Commission may consider the reasons why the finding or verdict was not appealed to the court of appeal or the Supreme Court of Canada when assessing听this criterion.听
Relevant Criminal Code Provisions
You may refer to听听for more information.听