PAROLE |
Unrau v. Canada (Attorney General)
T-872-99
MacKay J.
8/9/00
7 pp.
Application for judicial review of National Parole Board Appeal Division decision dismissing applicant's appeal from Board decision denying request for day parole--Applicant seeking to have both decisions set aside--Proceedings for judicial review concern single decision--Here, Appeal Division decision properly before Court--Review of its decision, if redressable error found, can lead to appropriate relief by or through direction to Appeal Division--Application dismissed--Applicant alleging Appeal Division used wrong test for parole eligibility under Act, s. 102(a), or misapplied right test--No evidence Board only considered whether risk, not whether risk, if found, undue--Board's finding in this regard confirmed by Appeal Division--Question of mixed fact and law squarely within expertise of Board first, and of Appeal Division as question of law where raised on appeal, as herein--Appeal Division's finding Board's finding reasonable itself reasonable decision, and indeed correct--Appeal Division did not err in concluding evidence to support Board's conclusions--Appeal Division also correctly found hearing before Board fair--Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 102.