Hollwey v. Canada ( Chairman, National Parole Board )
T-2592-93
McKeown J.
6/5/94
4 pp.
Application for mandamus requiring National Parole Board to recalculate day parole eligibility date -- Whether Board should apply provisions of Parole Act to sentence imposed prior to coming into force of Corrections and Conditional Release Act, and apply provisions of new Act to second sentence imposed on applicant after new Act came into force -- S. 139(1) of new Act not transitional section such as s. 225; only governing situations where multiple sentences imposed after coming into force of new Act -- Although not necessary for these reasons, even if s. 139(1) applicable, stating term of imprisonment commencing "at the beginning of the first of those sentences to be served" -- Herein, sentence commenced at time when Parole Act in force, and accordingly Parole Act should govern, not new Act -- To simply add sentences up as suggested by respondent would lead to result where applicant's eligibility date would be postponed for full year as result of 60-day sentence; if Parliament intended such unfair result, would have specifically stated in new Act -- Application granted -- Parole Act, R.S.C., 1985, c. P-2 -- Corrections and Conditional Release Act, S.C. 1992, c. 20.