Roxborough v. Canada ( National Parole Board )
T-2242-93
Teitelbaum J.
20/5/94
15 pp.
Application for certiorari quashing National Parole Board's decision revoking applicant's parole and mandamus requiring Board to conduct post-suspension hearing -- Application based on grounds Board exceeded jurisdiction in conducting impugned hearing pursuant to provisions of Conditional Release Act and not Parole Act; Board failed to hold hearing in timely fashion, thereby breaching duty to act fairly and Charter, s. 7; Board failed duty to act fairly and breached Charter, s. 7 in taking into consideration material not presented at hearing and for which no opportunity given to applicant at hearing to respond -- Applicant, inmate at institution, released on day parole on condition not to drink alcohol -- Applicant did not respect condition and parole was revoked -- Law existing at time post-suspension hearing took place which must be applied -- No retroactivity to be found in Conditional Release Act as relating to facts herein -- Board did not apply wrong statute when it considered applicant's case under Conditional Release Act -- Applicant's burden to establish deprivation of liberty and that it was contrary to fundamental interests of justice -- No evidence delay to transfer applicant attributable to any specific action or inaction by Board -- Fundamental justice requiring procedural fairness commensurate with interest affected -- While judicialized process not obligatory, fairness requiring parolee be given outline of allegations being considered by Board and right for inmate to know case against him and be given right to respond -- Applicant aware of information before Board; based on evidence, information provided to applicant did not so lack sufficient detail that could not defend himself -- Board did not fail in duty to act fairly and did not breach Charter, s. 7 -- Application denied -- Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 135 -- 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.