Mr. Speaker, the Ontario court of appeal in the Bavinski decision stated that there must be a new trial when the key crown witness recants or, in other words, gives false evidence. In a similar case, the Hache case, the Nova Scotia court of appeal came to the same decision. In both Bavinski and Hache new trials were ordered.
Patrick Kelly has been in prison for 16 years based on the testimony of a witness who now says that her evidence was untrue. Why will the Minister of Justice not use her power to order a new trial for Mr. Kelly, or at the very least refer his case to the Supreme Court of Canada?