PAROLE |
Dupuis v. Canada (Attorney General)
T-1184-01
2002 FCT 508, Beaudry J.
3/5/02
14 pp.
Application for judicial review of National Parole Board Appeal Division decision affirming National Parole Board (NPB) decision ordering continued detention of applicant and ordering applicant not be released from imprisonment before expiration of sentence--Applicant serving penitentiary sentence of 11.5 years for attempted murder, breaking and entering, assault, possession of weapon sexual assault--On February 12, 2001, NPB ordered applicant be detained until expiration of sentence on ground satisfied applicant likely, if released, to commit offence causing death of or serious harm to another person before expiration of sentence according to law--Moreover, NPB found no supervision programs available suited to needs of applicant and offering adequate protection to public from risk applicant presented--Appeal Division did not make patently unreasonable decision based on erroneous finding of fact by affirming finding by NPB that there were no supervision programs that would adequately protect public from risk offender might otherwise present if released until expiration of his sentence according to law--NPB may take into consideration or not, depending on appropriateness and relevance, availability of supervision programs that would offer adequate protection to public--It examined three aspects of applicant's appeal: reasonableness of decision, assessment of risk, and duty to act fairly-- Appeal Division did not err by affirming NPB decision that there were no supervision programs available taking into consideration all relevant information provided by Correctional Service of Canada and applicant--Application dismissed.