Mr. Speaker, with regard to the April 7, 2021, decision of the former Minister of Justice ordering a new trial for Jacques Delisle, the details of all legal advice received by the former minister regarding the holding of a new trial, including the identity of the person who provided the advice, the mandate conferred by the minister and the evidence reviewed, is subject to solicitor-client privilege. However, we can advise that retired Ontario Court of Justice judge Paul Belanger provided legal advice in this matter as an outside special advisor, and the Criminal Conviction Review Group, the CCRG, provided its own legal advice to the minister as part of its briefing materials.
With respect to details of the 2017 Criminal Conviction Review Group’s report on former Justice Delisle’s case, including the evidence reviewed, conclusion, and recommendation made to the minister, the CCRG’s investigation report is, in all cases of post-conviction review where an investigation report is created, confidential and privileged. It is only ever shared with the applicant and the relevant prosecuting authority pursuant to an undertaking not to disclose further. In this case, however, the report was made public through the court process involving Mr. Delisle despite the aforementioned undertakings having been provided. As such, while privilege on the basis of sections 19 and 21 of the Access to Information Act would normally apply, a copy of the report has been made public and can be accessed through the registrar of the Quebec Superior Court.