White v. Canada
T-1152-97
Richard J.
25/6/98
16 pp.
Motion for summary judgment to dismiss plaintiff's claim for damages for "illegal detention" on basis no genuine issue for trial-Plaintiff claiming National Parole Board violated his Charter rights by imposing conditions on his statutory release, which resulted in his being detained from May 17, 1996 to January 22, 1997-Board failed to comply with recently amended Corrections and Conditional Release Act (CCRA), s. 141(1) requiring information relied upon by Board for additional conditions of release be disclosed to offender-New guidelines and policies had not yet filtered down to front lines-Motion allowed-General principles applicable to summary judgments summarized in Granville Shipping Co. v. Pegasus Lines Ltd., [1996] 2 F.C. 853 (T.D.)-Crown's liability purely statutory: Crown Liability and Proceedings Act-Onus on plaintiff to establish servant of Crown negligent and can be held responsible for damages-Claim clearly directed at actions of Board-CCRA, s. 154 giving immunity to Board members against any criminal or civil proceedings for anything done in good faith in exercise of functions as members of Board-On facts of case, members of Board acted within scope of jurisdiction and in good faith-CCRA, s. 154 applies and protecting members of Board from liability-Even assuming members of Board servants of Crown, as no cause of action against servants of Crown by operation of CLPA, no viable action against Crown-Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 141(1), 154-Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50 (as am. by S.C. 1990, c. 8, s. 21).