Digests

Bonamy v. Canada (Attorney General)

T-35-00

2001 FCT 798, Dawson J.

16/7/01

10 pp.

Application for judicial review as to whether Minister of Justice may delegate to lawyers within Criminal Conviction Review Group of Department of Justice (CCRG) authority to determine whether application for mercy under Criminal Code, s. 690 merits consideration by Minister--Applicant convicted in 1996 of theft of money exceeding $5,000, sentenced to term of imprisonment of 7.5 years--Application to Minister under s. 690 for new trial denied as applicant did not meet criteria allowing favourable exercise of ministerial discretion--Whether negative December 3, 1999 decision should be set aside on ground Minister failed to have any involvement in review of applicant's application--Practice at Department of Justice for assessing s. 690 applications involving four-step review process comprised of: initial assessment, investigation, preparation of investigation brief, decision by Minister--Answer to applicant's submissions found in nature of royal prerogative of mercy, proceedings under Criminal Code, s. 690--As long as requirements of Charter met, proceedings under s. 690 not subject of legal rights--Minister required by Charter to act in manner consistent with right of person not to be deprived of liberty except in accordance with principles of fundamental justice--Procedure created by s. 690 not inconsistent with, in violation of, applicant's rights as guaranteed under Charter--Procedure with attendant rights to review, to re-apply meeting requirements of fairness, in accord with principles of fundamental justice--Application dismissed--It may be that after an initial assessment conducted extraordinary, unique nature of Minister's power under s. 690 such that it cannot be delegated--Criminal Code, R.S.C., 1985, c. C-46, s. 690--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44].