Digests

Parole

Judicial review of National Parole Board Appeal Division decision upholding National Parole Board (Board) decision revoking applicant’s day parole—Applicant, citizen of United Kingdom, to be deported upon being granted full parole—Board concluding inter alia that applicant’s release plan insufficient to manage risk—Use of “society” in Corrections and Conditional Release Act, S.C. 1992, c. 20 (CCRA), “Canadian society” in Immigration and Refugee Protection Act, S.C. 2001, c. 27, suggesting Parliament not limiting “society” as used in CCRA to “Canadian society”—Ignoring interests of foreign society in determining when to deport serious risk offender incompatible with nations’ interests in promoting harmonious relations—Consideration of international interests influencing Parliament in establishing eligibility for full parole as earliest point in time at which offender removed from Canada—Those international interests, considered together with Parliament refraining from qualifying “society” in CCRA, both providing jurisdiction for Board in considering whether foreign offender’s release plan sufficiently mitigating risk to foreign society—“Society” in CCRA including “any society”—Such interpretation consistent with Board obligation to consider all information relevant to case—Application dismissed.

Scott v. Canada (Attorney General) (T-929-09, 2010 FC 496, Crampton J., judgment dated May 5, 2010, 28 pp.)