It's up to N.S. to call inquiry in Assoun case, says justice minister

The federal justice minister says it's up to Nova Scotia to call a public inquiry into the wrongful conviction of a man who spent nearly 17 years in prison for the murder of his girlfriend.

David Lametti was in Halifax on Friday and spoke with reporters about the case of Glen Assoun. 

"All of the necessary powers to have a public inquiry exist at the provincial level and in my view that's where it ought to be had," Lametti said.

"We will cooperate as the federal government in any inquiry that the province decides to have."

Brenda Way was murdered in 1995. Two years later, Assoun was convicted of killing her and his appeal was subsequently rejected by the province's highest court. It was then that the federal justice department became involved.

The department's Criminal Conviction Review Group spent nearly four years investigating the case. In February of this year, citing a potential miscarriage, Lametti ordered a new trial. The Nova Scotia Public Prosecution Service opted not to pursue a second trial and the charges were dropped.

"I have done my role as federal minister of justice in reviewing the documentary case and the case for wrongful conviction," Lametti said Friday.

"And I played that role expeditiously and I sent the file back to the Nova Scotia court."

Following his exoneration, Assoun and his lawyers called for a public inquiry and compensation.

Lametti wouldn't comment on the issue of compensation because of the possibility his words could be used in future litigation.

While he described the Assoun case as a miscarriage, Lametti said it also proves the system works.

"The fact that we moved to correct mistakes when they happen I think is indicia of a system in which people are conscious of their responsibilities and roles and empathetic towards people who are actors within that criminal justice system," he said.

"So I have full confidence in the system and I think Canadians should as well."

Nova Scotia Justice Minister Mark Furey said earlier this week that he needs to be briefed on the Assoun file before he commetns on what should happen next.

Furey avoided even looking at the file for months because he faced a potential conflict of interest. 

He was a senior RCMP officer in Nova Scotia before being elected as a Liberal MLA and appointed justice minister.

One of the main problems with the Assoun case that was uncovered by federal investigators was the destruction of RCMP files that showed other potential suspects in the killing of Way.

Nova Scotia's conflict of interest commissioner cleared Furey of any conflict in a decision released earlier this week.