Zarzour v. Canada
T-1368-97
Denault J.
28/5/99
18 pp.
Action for damages-Question whether fact inmate's ex-wife contacted National Parole Board and represented herself as victim, and was so regarded by Board, infringed inmate's rights and could be basis for action under Charter, s. 24-Inmate serving life imprisonment term since 1977-Ex-wife France Bélanger sent two letters to National Parole Board asking specific condition exhusband not communicate directly or indirectly be imposed on him and describing herself as victim-In first letter to Board she sought to prevent plaintiff contacting her and obtaining review of suspended custody and visiting rights in respect of son Alexandre-Nothing in evidence to show France Bélanger met definition of victim contained in Corrections and Conditional Release Act, namely person to whom harm done or who suffered physical or emotional damage as result of commission of offence-By treating plaintiff's ex-wife as victim, sending her information to which not entitled and giving her copies of decisions concerning plaintiff contrary to clear provisions of Corrections and Conditional Release Act, defendant's officials infringed plaintiff's right to liberty of person, protection against unusual treatment and equal protection and equal benefit of law without discrimination-Plaintiff presented no evidence of loss of salary-Entitled to damages of $10,000 and exemplary damages of $5,000-Action allowed in part-Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 2-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 24.