Dr. Markesteyn

The applicant, who pled guilty to manslaughter in 1986, sought a post-conviction disclosure order from the Crown in aid of an application for a Ministerial Review under s. 696.1 of the Criminal Code, claiming he had falsely confessed and was wrongfully convicted.

The Superior Court of Justice dismissed the application for a disclosure order as premature (because the applicant had not exhausted his appeals) and moot (because the Crown had already disclosed all available documents).

However, the court granted declaratory relief, holding that the superior court has jurisdiction under s. 24(1) of the Charter to make post-conviction disclosure orders in aid of a Ministerial Review, and that convicted persons do not need the Crown's consent to communicate with public officials regarding their convictions.

The appellant was convicted of first-degree murder after the deceased was found in a submerged vehicle.

At trial, the Crown relied on unchallenged toxicology evidence suggesting the deceased died within 15 to 20 minutes of his last drink, supporting the theory of a planned murder.

On appeal, the appellant sought to introduce fresh toxicology evidence, conceded as correct by the Crown, showing the trial expert's time estimate was scientifically unsound.

The Court of Appeal applied the Palmer test and admitted the fresh evidence, finding it could reasonably be expected to have affected the jury's verdict.

The appeal was allowed, the conviction quashed, and a new trial ordered.