Crook v. Canada ( National Parole Board )
T-750-94
MacKay J.
6/10/95
7 pp.
Judicial review of National Parole Board's denial of two escorted temporary absences (ETA's)-Applicant inmate at Collins Bay Institution-Not eligible for parole until 2003-According to Criminal Code, s. 747 applicant may not be granted escorted temporary absence until three years before eligible for full parole, other than for medical reasons, except with Board's approval-Board approving one ETA in February 1993 to meet with part-time studies advisor at Queen's University-In May applied for two further ETAs for educational and consultation purposes-Board concluding proposed ETAs set pattern which cumulatively constituted program not contemplated by legislation or Board policy so far in advance of eligibility for day parole or full parole-Application dismissed -Board's decision not determination proposed ETAs not consistent with correctional treatment plan for applicant, which Board policies require for authorizing temporary absence because by earlier decision Board accepted ETA for similar purposes consistent with applicant's correctional treatment plan, and no expression to contrary included in decision-Board adopting policies relating to escorted, unescorted temporary absences-Gradual evolution from limited day parole to full parole, all concentrated in three years prior to eligibility for full parole implicit in policy in relation to parole-Not expressly spelled out with regard to Board's role in approval of ETAs under s. 747-Board not precluded in absence of criteria in s. 747 from considering, applying general policies in assessing applicant for ETA submitted for approval under Code-Board vested with exclusive jurisdiction and absolute discretion under s. 107 in relation to parole and unescorted temporary absences and by reason of Code, s. 747 in relation to ETAs requiring its approval under that section-Unless Board's exercise of discretion clearly unreasonable, Court's intervention unwarranted-Board's determination made in light of general policy, practices, not unreasonable-Criminal Code, R.S.C., 1985, c. C-46, s. 747 (as am. by S.C. 1992, c. 20, ss. 204, 228)-Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 17, 100, 101, 151.