PAROLE |
Léonard v. Canada (Attorney General)
T-204-02
2003 FCT 747, Lemieux J.
13/6/03
21 pp.
Judicial review of Appeal Division of National Parole Board (NPB) decision denying applicant both full parole and day parole--Applicant argued that prior to review of case by NPB, entitled to disclosure of full text of wiretap transcript of his telephone conversations with relations or friends recorded between July 18 and August 6, 2001, and not simply summary of conversations--Applicant alleged to have brought in three ounces of hashish upon return from unescorted temporary absence--According to statement concerning procedural guarantees, four reports not disclosed to applicant, on grounds set out in Corrections and Conditional Release Act, s. 141(4) Applicant argued entitled to full transcript and not simply summary of wiretap transcript of his telephone conversations --Parole Board acts in neither judicial nor quasi-judicial manner and several elements of hearing distinguish Board proceedings from those which take place before traditional court--Plain meaning of word "or" in Act, s. 141(1) introducing notion of alternative, choice and discretion-- Nothing in overall context or in requirement of harmonization that would limit scope of discretion to provide summary to sole situation in which NPB faced with situation contemplated by s. 141(4)--Parliament intended to provide NPB with option in appropriate circumstances of providing summary of relevant information to be used in hearing not only by inmate but by Board members for decision-making purposes--S. 141(1) not imposing any obligation on NPB to justify its choice between producing documents containing information or summary of those documents--However, summary produced must be complete and must contain all of information that will be used as backdrop for Board during hearing, failing which resulting decision could be overturned --Question whether breach of procedural fairness because full text of wiretap of applicant's telephone conversations not shared with him prior to hearing--No breach of procedural fairness in applicant's hearing with NPB as result of fact that full transcript not given to him before hearing--Applicant had fair hearing before NPB--Application dismissed-- Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 141.