Mackie v. Canada ( Attorney General )
T-2192-97
Campbell J.
25/11/98
7 pp.
Applicant, scheduled for release on parole on July 18, 1997, but National Parole Board ordered he not be released before November 2000, expiry date of sentence now serving-Application for judicial review attacking Board's Appeal Division decision confirming Board's decision on basis Board relied upon prejudicial undisclosed evidence in reaching decision-Board's decision based on finding pursuant to Corrections and Conditional Release Act reasonable grounds to believe offender likely to commit violent crime before expiration of offender's sentence according to law-Issue whether Appeal Division committed reviewable error in not finding Board made error respecting disclosure of evidence pursuant to Act, s. 141(1)-Policy of Correctional Service and Board with respect to Act, s. 141(1) that information provided by police on parole matter not be provided to inmate concerned, but that summary be provided instead-In present case, policy only reason prompting summary to be given-No suggestion in record that exceptions in Act, s. 141(4) (allowing withholding of evidence on grounds of public interest or jeopardy to persons, institutional security, or lawful investigation) ever relied upon-Application allowed-Breach of s. 141(1) constituting failure to observe codified principle of fundamental justice, and by s. 147(1)(a) specifically within appeal jurisdiction and obligation of Appeal Division to properly evaluate-Two omissions in criminal profile report, or summary, of quality which, if unprovided on disclosure, constitute failure to observe statutory requirement of fundamental justice-Failure of Appeal Division to find that this non-disclosure constitutes breach of s. 141(1) reviewable error in law-Applicant entitled to new hearing on merits before different decision makers-Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 141(1), (4), 147(1)(a).