Justice Minister Arif Virani has announced a review of the Timothy Rees murder conviction, citing potential miscarriage of justice. In a press release on August 9, the Department of Justice revealed that the case of Timothy Rees has been referred to the Ontario Court of Appeal for a renewed appeal. This step is being taken under the provisions of the Criminal Code’s conviction review process. The decision follows an extensive review conducted by former Minister of Justice and Attorney General of Canada, David Lametti, who determined that there is a reasonable basis to believe a miscarriage of justice likely occurred. Minister Virani has reviewed the case and supports this conclusion.
Timothy Rees was convicted of second-degree murder in 1990 and received a life sentence without parole eligibility for 15 years. After his application to the Court of Appeal for Ontario was dismissed in 1994, he filed an appeal to the Supreme Court of Canada the following year, which was also denied. However, in 2009, after serving 19 years in custody, Rees was granted day parole, followed by full parole. His request for a review of his conviction was submitted in 2018.
The decision to initiate a review was based on new information that was not presented during Rees’s trial or appeal. Innocence Canada, a non-profit organization involved in the case, highlighted significant evidence that emerged after the trial, including a previously undisclosed tape-recorded statement from the landlord, who had given an incriminating statement to the police shortly after the murder. The defense was unaware of this statement. According to Innocence Canada, the landlord falsely testified that he had no relationship with the victim and had not been in her bedroom on the night of the crime.
Justice Minister Arif Virani emphasized the importance of maintaining public trust in the justice system. He acknowledged the need for a fair and compassionate system that protects individuals while addressing potential miscarriages of justice. In this case, a review of Timothy Rees’s conviction is deemed necessary based on the reasonable suspicion that a miscarriage of justice may have occurred.
James Lockyer, a lawyer for Innocence Canada and counsel for Rees, expressed his optimism about this development, asserting that it is a significant step in establishing Rees’s innocence. Lockyer emphasized that his client has consistently maintained his innocence and that his parole officer believed in his wrongful conviction.
The initiation of this review process allows for the possibility of a new trial or appeal if the Minister is convinced that there is a reasonable basis to believe that a miscarriage of justice occurred. One of the key considerations is whether the application is supported by new and significant information that has emerged since the original trial and appeal.
In conclusion, the Ministry of Justice has taken a crucial step towards addressing a potential miscarriage of justice in the case of Timothy Rees. The review process initiated by Justice Minister Arif Virani will provide an opportunity to reexamine the evidence and determine whether a new appeal or trial is warranted. The case has garnered attention due to new information that was not presented during the original proceedings. As the review progresses, the justice system aims to uphold its commitment to fairness, compassion, and the pursuit of truth.
