Diamond v. Canada ( Parole Board )
T-82-95
Tremblay-Lamer J.
6/7/95
5 pp.
Application for judicial review of National Parole Board, Appeal Division decision Board not erring in preventing psychiatrist from giving viva voce evidence on behalf of applicant at hearing-Board declining applicant's request psychiatrist be permitted to make oral submission at hearing on policy ground; psychiatrist granted observer status-Board concluding applicant likely to commit offence causing death or serious harm to another person and extending detainment past statutory release date-Appeal decision affirming Board's decision-Applicant submitting request denied without considering merits, thus Board fettering discretion by blindly following policy-Corrections and Conditional Release Act, s. 151(2)(a) allowing for establishment of procedures to be followed at detention hearing; procedures essential to ensure prisoners know in advance how hearing conducted-Reliance on Rex v. Port of London Authority. Ex parte Kynoch, Limited, [1919] 1 K.B. 176 (C.A.) holding tribunal may intimate to applicant adverse decision according to policy in absence of exceptional circumstances-Policy in question entirely procedural in nature: Court more willing to interfere with tribunal's blind adherence to substantive policy, procedural policies carry less risk of judicial interference-Board not fettering discretion by refusing to hear oral evidence-Psychiatrist present at hearing and applicant could have relayed any submissions to Board-MacInnis' v. Canada (Attorney General), [1995] 2 F.C. 215 (T.D.) decision holding refusal to hear psychiatric evidence constituting natural justice breach distinguished on ground MacInnis sentence indeterminate while applicant serving finite sentence-No denial of natural justice-Application dismissed-Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 151(2)(a).