PAROLE |
Trudeau v. Canada (Attorney General)
T-678-01
2002 FCT 441, Nadon J.
18/4/02
16 pp.
Application for judicial review of National Parole Board Appeal Division's decision upholding Board's November 2, 2000 decision revoking plaintiff's full parole and granting day parole--Plaintiff argued Appeal Division erred when it decided Board not functus officio when it varied, on same day, first decision orally on November 2, 2000--Under Corrections and Conditional Release Act, s. 119.1, plaintiff eligible for day parole after serving one-sixth of term of imprisonment--Board granted plaintiff day parole--Plaintiff unlawfully at large for a little over seven years--Under Act, s. 128(1), offender not presumed to have served sentence when unlawfully at large--Board could either revoke plaintiff's parole, terminate it or cancel suspension of his parole--In Appeal Division's opinion,Board made no error in assessing risk presented by plaintiff--It concluded Board not functus officio when it varied first decision rendered orally on November 2, 2000--Board not functus officio when it varied initial decision, since no doubt there was error in expressing obvious intention--Appeal Division made no error in confirming Board's decision reasonable--This conclusion, that risk to society acceptable provided plaintiff remain in halfway house, reasonable--Application dismissed-- Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 119.1 (as enacted by S.C. 1997, c. 17, s. 21), 128.