What is the Minister’s task? In our view, in order to make a decision that passes muster under reasonableness review, the Minister must examine the trial judge’s reasons, all of the evidence (both helpful and unhelpful to the applicant), any admissible fresh evidence, and any other new evidence, advice and insights obtained by using the department’s resources and the Minister’s investigatory powers under section 696.2 of the Criminal Code. Then, following the recipe and standards set out in section 696.3 and 696.4 and the relevant Regulations and acting in a procedurally fair manner, the Minister must reach conclusions that are acceptable and defensible on the facts and the law. In doing all this, the Minister must single-mindedly focus on the administration of justice as a true minister of justice, putting aside any pre-conceived views or partisanship: Boucher v. The Queen, 1954 CanLII 3 (SCC), [1955] S.C.R. 16, 110 C.C.C. 263.
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