PAROLE |
Tessier v. Canada (Attorney General)
T-1672-02
2004 FC 775, Campbell J.
3/6/04
15 pp.
National Parole Board denying applicant opportunity to make argument he was entitled to "accelerated parole" under provisions of Corrections and Conditional Release Act, Corrections and Conditional Release Regulations--Applicant challenging decision, also arguing provisions referred to worked to offend his rights under Charter, s. 7--Board correct in refusing to hear argument and, while applicant's s. 7 rights engaged at that time, they were not breached--Applicant sentenced to 3 years, 10 months imprisonment for conspiracy to commit robbery--Applicant's complaint exclusion provisions in Act, s. 125, when read with s. 126(2), unfair in creating more stringent standard for parole for him--As result, amending provision invalid as offending applicant's right under Charter, s. 7--Act, s. 125 applying to persons sentenced --Therefore, if s. 125 survives Charter challenge, argument fails--Here, as in Cunningham v. Canada, [1993] 2 S.C.R. 143, balance to be considered between interest of person claiming liberty limited, protection of public--Prior to December 2001 amendments, applicant qualified for accelerated parole consideration--However, by amendments to Act, as placed in category of persons, who, apparently in Parliament's opinion, danger to public, applicant excluded from accelerated parole consideration, thereby, benefit of less stringent test for parole--As found in Cunningham, change directly related to public interest in protecting society from persons who may commit serious harm--Statutory change complained of not violating principles of fundamental justice --Balance tips in favour of society's interest--Charter challenge dismissed--Applicant sentenced on Sch. 1 offence, therefore could not take benefits of accelerated parole provided in ss. 125, 126--In addition, process in Regulations, s. 159 not applying--Application dismissed--Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 125 (as am. by S.C. 1995, c. 42, s. 39; 1997, c. 17, s. 24; 1998, c. 35, s. 116; 1999, c. 5, s. 50; 2001, c. 41, s. 90), 126 (as am. by S.C. 1995, c. 42, s. 40)--Corrections and Conditional Release Regulations, SOR/92-620, s. 159--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. 7.