Digests

Parole

Judicial review of National Parole Board Appeal Division’s decision upholding decision of National Parole Board revoking day parole of applicant—Applicant serving two consecutive life sentences, released on day parole—Warrant of apprehension, suspension executed after reports of applicant threatening community correctional centre staff—Board not requesting applicant’s casework record from Correctional Service Canada (CSC), therefore not considering it when deciding to revoke applicant’s day parole—Appeal division concluding Board having sufficient available relevant information about applicant’s behaviour in community to assess risk of reoffending—Whether Board’s failure to obtain, consider applicant’s casework record contravening Corrections and Conditional Release Act, S.C. 1992, c. 20 (CCRA), s. 101(b), Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7, general duty of fairness owed to applicant by Board—Applicant submitting CCRA, s. 101(b), Charter, s. 7, Board’s general duty of fairness each imposing obligation on Board to actively obtain casework record—Words “all available information that is relevant to a case”, “information and assessments provided by correction authorities” not contemplating Board having open-ended duty to actively seek potentially relevant information from CSC—Rather, insofar as CSC concerned, those words simply requiring Board take into consideration all information relevant to case received from CSC—Application dismissed.

Miller v. Canada (Attorney General) (T-964-09, 2010 FC 317, Crampton J., judgment dated March 18, 2010, 27 pp.)