Timm v. Canada (Attorney General), 2015 FCA 199

Date: 20150916

Docket: A-343-14

Citation: 2015 FCA 199

Heard at Montréal, Quebec, on September 16, 2015.

Judgment delivered from the Bench at Montréal, Quebec, on September 16, 2015.

Date: 20150916

Docket: A-343-14

Citation: 2015 FCA 199

REASONS FOR JUDGMENT

(Delivered from the Bench at Montréal, Quebec, on September 16, 2015)

GAUTHIER J.A.

[1]               Richard Timm (the appellant) is appealing from a decision of Justice Luc Martineau of the Federal Court (2014 FC 587) dismissing his application for judicial review of a ministerial decision dated May 27, 2013.

[2]               In that decision, the Minister of Justice refused to conduct a new preliminary assessment of this [translation] “second” application for review of his criminal conviction (subsection 4(5) of the Regulations Respecting Applications for Ministerial Review – Miscarriages of Justice [the Regulations]).

[3]               The appellant has not persuaded us that the judge made any errors that would call for our intervention.

[4]               The only new fact or evidence presented in support of his second review application is the inexistence of a written incriminating statement that was allegedly not considered by the Minister in connection with the appellant’s first review application (Appeal Record, page 127, paragraph 6).

[5]               That statement was allegedly used to obtain a search warrant in 1993 and cannot be found. The information laid to obtain the search warrant states only that the appellant mentioned certain incriminating facts to two police officers during a meeting.

[6]               Accordingly, there is nothing that would allow us to conclude that the Minister based his decision on a written statement that does not exist. Moreover, the appellant has not established how all this constitutes significant information for the purposes of section 696.1 of the Criminal Code, (R.S.C., 1985, c. C-46), and the Regulations, that is, information that is relevant to the issue of his guilt and that could have affected the verdict (Tab 11 of the Book of Authorities).

[7]               In the circumstances, we are of the opinion that the Minister’s decision is reasonable.

[8]               The appeal will be dismissed.

“Johanne Gauthier”

Certified true translation

François Brunet, Revisor

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

(AppeAl FROM THE JUDGMENT AND REASONS OF THE HONOURABLE JUSTICE MArtineau OF the FEDERAL COURT DATED JUNE 20, 2014, DISMISSING THE APPLICATION FOR JUDICIAL REVIEW WITH COSTS IN DOCKET NO. T‑1063‑13.)

APPEARANCES:

SOLICITORS OF RECORD: