PAROLE |
Fournier v. Canada (Attorney General)
T-1846-03
2004 FC 1124, Harrington J.
12/8/04
15 pp.
Judicial review of decision of Appeal Division of National Parole Board (NPB) dismissing appeal and upholding decision of first instance, explaining decision consistent with Corrections and Conditional Release Act--Applicant serving life sentence for non-capital murder since 1969--Whether NPB, Appeal Division erred in law by not analysing correctly risk applicant represented at time of application for conditional release--Whether NPB rendered decision that amounts to cruel, unusual punishment within meaning of Canadian Charter of Rights and Freedoms, s. 12--Criterion of reasonableness of decision applies to decisions of Appeal Division, Board--Whether Appeal Division's decision reasonable--Standard of reasonableness simpliciter applying herein--Court's intervention not warranted since reasons advanced by Board, upheld by Appeal Division can withstand more extend examination--Board, Appeal Division had to weigh number of factors in order to reach reasonable decision --In this case two main considerations at stake: protection of society and search for least restrictive determination consistent with first consideration--According to case management team's report (2003), and most recent psychological assessment (2001), applicant presented only low risk of recidivism--Applicant citing in submissions Steele v. Mountain Institution, [1990] 2 S.C.R. 1385--In that case, Supreme Court indicating indeterminate sentence per se not contrary to Charter--Applicant here sentenced to life for murder committed in 1969--Whether denial of parole can be justified in light of evidence, circumstances--Necessary to apply carefully criteria set out in Act, only guarantees of possible release in indeterminate sentence case--Act, s. 101 provides, on one hand, protection of society paramount consideration, on other hand, parole boards make least restrictive determination consistent with protection of society --Appears that Board took these criteria into account--Board thought applicant still needed minimum security supervision, relied on evidence in record in so deciding--Application dismissed--Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 101--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. 12.