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Case information

Consult our database for details on a Supreme Court of Canada case.


42004

D.V. v. Minister of Justice

(Federal) (Civil) (By Leave)

(Publication ban in case) (Sealing order) (Certain information not available to the public)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2026-06-08 Close file on Leave
2026-06-04 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2026-06-04 Judgment on leave sent to the parties
2026-06-04 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion to appoint counsel is dismissed. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-319-20, 2022 FCA 181, dated October 26, 2022, is dismissed without costs.
Dismissed, without costs
2026-06-04 Decision on the motion to appoint counsel, See decision on application, CJ Row Ob
Dismissed
2026-06-04 Decision on motion to extend time to file and /or serve the leave application, See decision on application
Granted
2026-05-04 All materials on application for leave submitted to the Judges, for consideration by the Court
2026-05-04 Submission of motion to appoint counsel, CJ Row Ob
2026-05-04 Submission of motion to extend time to file and/ or serve the leave application, CJ Row Ob
2025-11-07 Certificate (on limitations to public access), (Letter Form), Public access information form D.V.
2025-11-04 Applicant's reply to respondent's argument, (Book Form), PUB-BAN
Missing:
-23B (rec'd 2025-11-07), Completed on: 2025-11-07, (Printed version filed on 2025-11-04)
D.V.
2025-10-27 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-11-07) Minister of Justice
2025-10-27 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-11-05) Minister of Justice
2025-10-27 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-11-05, (Printed version filed on 2025-11-05) Minister of Justice
2025-10-07 Certificate (on limitations to public access), 23B D.V.
2025-10-07 Certificate (on limitations to public access), 23A D.V.
2025-10-07 Certificate (on limitations to public access), Public access to information form D.V.
2025-09-26 Correspondence received from, Relating to motion to appoint counsel D.V.
2025-09-26 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, PUB-BAN, SEALED, RESTRICTED
File opened
2025-09-12 Motion to appoint counsel, (Book Form), PUB-BAN, SEALED, RESTRICTED
Missing:
-Letter from a lawyer who is willing to represent you, Completed on: 2025-10-06
D.V.
2025-09-12 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), PUB-BAN, SEALED, RESTRICTED

, Completed on: 2025-09-26
D.V.
2025-09-12 Application for leave to appeal, (Book Form), PUB-BAN, SEALED, RESTRICTED
Missing:
-Proof of service (Affidavit) (rec'd 2025-10-08)
-TC and CA Orders (rec'd 2025-10-08)
-Public access to information form OR 23A and B (rec'd 2025-10-08), Completed on: 2025-10-08
D.V.

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
D.V. Applicant Active

v.

Main parties - Respondents
Name Role Status
Minister of Justice Respondent Active

Counsel

Party: D.V.

This party is not represented by counsel.

Party: Minister of Justice

Counsel
Name
James Stuckey
Contact information
Department of Justice Canada
National Litigation Sector, Ontario Regional Office
120 Adelaide St. West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (416) 579-2063
Email: james.stuckey@justice.gc.ca
Agent
Name
Zoe Oxaal
Contact information
Deputy Attorney General of Canada
Department of Justice Canada, Civil Litigation Sector
50 O’Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (343) 574-6955
FAX: (613) 954-1920
Email: SCCAgentCorrespondentCSC@justice.gc.ca

Summary

Keywords

Administrative law – Standard of review – Judicial review – Whether the standard of review applicable to decisions on conviction review applications is reasonableness – Whether the non-disclosure of forensic evidence violated D.V.’s fundamental constitutional rights – Whether the approach taken by the Federal Court to judicially review a conviction review decision is in line with the meaning and intent of the provisions – Whether a violation of fundamental rights to due process is a blatant continued prejudice to the applicant under the Regulations Respecting Applications for Ministerial Review, SOR/2002-416 – Whether it is the appropriate remedy in the present case to send the matter back for reconsideration by the Minister.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

(PUBLICATION BAN IN CASE) (SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)

In 2003, the Ontario Court of Justice convicted D.V., a young offender, of sexual assault. The Court of Appeal for Ontario dismissed D.V.’s appeal. In 2007, this Court dismissed his application for leave to appeal. In 2009, D.V. applied for a Ministerial review of his conviction under s. 696.1 of the Criminal Code, alleging a miscarriage of justice. The Minister dismissed the application. In 2018, D.V. again applied for Ministerial review. The Minister conducted a preliminary screening for potential merit and dismissed the application, finding that there was no reasonable basis to conclude that a miscarriage of justice likely occurred. D.V. brought an application for judicial review.

The Federal Court granted the application for judicial review and ordered a reconsideration of the Minister’s decision. The Federal Court of Appeal allowed the appeal, set aside the Federal Court’s decision, and restored the Minister’s decision. The court found that the Federal Court failed to conduct a reasonableness review and instead improperly substituted its own view of the matter for that of the Minister. The court conducted a reasonableness review anew and found that the Minister’s decision was reasonable.

Lower court rulings

March 12, 2020
Federal Court

T-1420-19, 2020 FC 1118

Application for judicial review granted, decision set aside and matter referred back for reconsideration


October 26, 2022
Federal Court of Appeal

2022 FCA 181

Appeal allowed, Federal Court’s judgment set aside and application for judicial review dismissed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2026-06-09