Martin v. Beaudry
- Citation
- [1996] 1 SCR 898
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of Canada
- Decision
- 24 April 1996
- Posture
- Prerogative Writs Habeas Corpus / On Appeal to the Supreme Court of Canada From the Quebec Court of Appeal
- Language
- English
More details
- Court
- Supreme Court of Canada
- Decision
- 24 April 1996
- Posture
- Prerogative Writs Habeas Corpus / On Appeal to the Supreme Court of Canada From the Quebec Court of Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court concluded that the detention following parole revocation was lawful within the applicable parole/statutory framework and that the applications for writs of habeas corpus were properly dismissed; the appeals were therefore dismissed.
Court disposition
Appeals dismissed
Orders
- Appeals dismissed without costs.
- Judgment accordingly.
02
Material facts
Parties
Gérard Martin
Appellant Counsel: Renée Millette; Jean‑Sébastien Clément; Hélène DanaisPaul‑André Beaudry
Respondent Counsel: Jennifer E. Briscoe; Richard StarkThe Attorney General of Canada
Mis En Cause Counsel: The Attorney General of Canada, Montréal.The National Parole Board
Mis En Cause Counsel: Jennifer E. Briscoe; Richard StarkThe Deputy Commissioner of the Correctional Service of Canada
Mis En Cause Counsel: Jennifer E. Briscoe; Richard Stark03
Procedural history
Posture
Prerogative Writs Habeas Corpus / On Appeal to the Supreme Court of Canada From the Quebec Court of Appeal
04
Questions and positions
Legal issues
- 01
Whether habeas corpus was the appropriate remedy to challenge detention following parole revocation
- 02
Whether the detention after parole revocation was lawful under the applicable statutory/parole regime
- 03
Whether the lower courts properly dismissed the applications for writs of habeas corpus
Party arguments
- Applicant
- The appellant argued that his detention following revocation of parole was unlawful and sought release by way of writ of habeas corpus.
- Respondent
- The respondent and mis en cause argued that detention following parole revocation was lawful under the statutory parole scheme and that the applications for habeas corpus were properly dismissed; they resisted immediate release.
05
Court’s reasoning
Legal principles
- 01
Common law / Habeas corpus jurisprudence
Habeas corpus is the common‑law remedy to test the lawfulness of detention.
- 02
Parole statutes / Corrections law
Detention resulting from parole revocation is governed by the statutory parole regime and must be assessed in light of that scheme.
06
Ratio, limits and disposition
Ratio decidendi
The Court concluded that the detention following parole revocation was lawful within the applicable parole/statutory framework and that the applications for writs of habeas corpus were properly dismissed; the appeals were therefore dismissed.
Court disposition
Appeals dismissed
- Appeals dismissed without costs.
- Judgment accordingly.
Source and reliance status
Supreme Court of Canada · 24 April 1996
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Canada
Judgment· 24 April 1996
Martin v. Beaudry Collection Supreme Court Judgments Date 1996-04-24 Report [1996] 1 SCR 898 Case number 24844, 24847 Judges Lamer, Antonio; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Iacobucci, Frank On appeal from Quebec Subjects Prerogative writs Notes SCC Case Information: 24847, 24844 Decision Content Martin v. Beaudry, [1996] 1 S.C.R. 898 Gérard Martin Appellant v. Paul‑André Beaudry Respondent and The Attorney General of Canada Mis en cause and The National Parole Board Mis en cause and between Gérard Martin Appellant v. Paul‑André Beaudry Respondent and The National Parole Board and the Deputy Commissioner of the Correctional Service of Canada Mis en cause and The Attorney General of Canada Mis en cause Indexed as: Martin v. Beaudry File Nos.: 24847, 24844. 1996: April 24. Present: Lamer C.J. and L'Heureux‑Dubé, Sopinka, Gonthier and Iacobucci JJ. on appeal from the court of appeal for quebec Prerogative writs ‑‑ Habeas corpus ‑‑ Parole revoked -- Detention ‑‑ Application for writ of habeas corpus dismissed. APPEALS from judgments of the Quebec Court of Appeal, [1995] Q.J. No. 330 (Q.L.) and [1995] Q.J. No. 329 (Q.L.), affirming judgments of the Superior Court, which had dismissed the appellant's applications for a writ of habeas corpus. Appeals dismissed. Renée Millette, Jean‑Sébastien Clément and Hélène Danais, for the appellant. Jennifer E.
Briscoe and Richard Stark, for the respondent and the mis en cause. English version of the judgment of the Court delivered orally by 1 Lamer C.J. ‑‑ For the reasons given by Madam Justice Barrette‑Joncas, as well as those of Mr. Justice Boilard, the two appeals are dismissed without costs. Judgment accordingly. Solicitor for the appellant: Renée Millette, Montréal. Solicitor for the respondent and the mis en cause: The Attorney General of Canada, Montréal.
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