Budreo v. Canada ( National Parole Board )
T-99-93
McKeown J.
9/7/93
16 pp.
Applications to quash (1) Commissioner of Corrections' decision to refer applicant's case to National Parole Board for interim detention hearing; (2) Board's decision reasonable ground to conduct interim detention hearing and that sufficient evidence to justify second detention hearing; (3) Board's decision to revoke applicant's release on mandatory supervision -- Applicant serving six-year sentence for sexual molestation of minors -- At detention hearing Board ordering release on mandatory supervision -- Finding possibility of death or serious harm, but legislation demanding significant degree of probability -- Publicity surrounding pending release generating new information suggesting risk factors changed so that reasonable grounds to believe applicant likely to commit offence causing death or serious harm -- Case referred to Chairperson of Board for detention review -- Board ordering applicant be detained for detention review -- At detention review Board considering evidence of former victim as to psychological damage caused by experience, letter from doctor indicating applicant harbouring intense anger toward society which could be reinforced by public notoriety and affect change in pattern of his crime, medication prescribed to applicant having potential to stimulate sexual drive -- Board ordering continued detention -- Applications dismissed -- Although Board erred in demanding more than balance of probabilities when first ordered release, no error in jurisdiction in deciding to detain applicant until full detention hearing held -- Under Act, Commissioner having jurisdiction to make more than one referral to Board -- Board also empowered to reconsider and change earlier decision -- Jurisdiction not limited by s. 107 -- On judicial review application, Court lacking authority to "second guess" Board with respect to finding of facts, unless patently unreasonable -- Court unable to conclude Commissioner made unreasonable finding of fact when relied upon doctor's letter as basis for deciding new information which raised likelihood of applicant committing offence causing serious harm -- Also not patently unreasonable to consider information relating to effect of prescription medication administered prior to release -- Evidence suggesting subsequent to initial hearing change in applicant's psychiatric condition indicating possibility would reoffend and cause serious harm to another -- Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 129, 131, 132 -- Federal Court Rules, C.R.C., c. 663, R. 1620 (as enacted by SOR/92-43, s. 19).