Decision

Whaling v. Canada (His Majesty the King), 2024 FC 712

Justice Pamel - 2024-05-09

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The Corrections and Conditional Release Act, SC 1992, c 20 [CCRA] was proclaimed in force in 1992, ushering in what was thought at the time to be a modern, comprehensive framework for corrections and conditional release of offenders. The CCRA completely replaced the old Penitentiary Act and Parole Act, and introduced the concept of Accelerated Parole Review [APR], a more streamlined process for parole review by the Parole Board as compared with regular parole review, for first-time offenders who qualified pursuant to the criteria set out in the CCRA. APR was automatic, meaning that there was no need for the offender to apply for it; conducted on paper, meaning that it took place without a hearing; and based upon less stringent criteria for granting parole (the “no reasonable grounds to believe” test), with no discretion on the part of the Parole Board to decide against releasing the offender. Initially, the APR regime was only available for those eligible for full parole [APR full parole]; however, in July 1997, amendments to the CCRA [1997 Amendments] expanded the regime to include those offenders who were eligible for day parole [APR day parole], with an earlier parole eligibility date?one sixth of the sentence or six months, whichever was longer.

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Canadian Intellectual Property