Canada Judgment

Supreme Court of Canada

Martin v. Beaudry

On this page

Professional case brief

Research organized from the available case record

Source document

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 Danais

Paul‑André Beaudry

Respondent Counsel: Jennifer E. Briscoe; Richard Stark

The 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 Stark

The Deputy Commissioner of the Correctional Service of Canada

Mis En Cause Counsel: Jennifer E. Briscoe; Richard Stark

03

Procedural history

  1. 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

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

  1. 01

    Common law / Habeas corpus jurisprudence

    Habeas corpus is the common‑law remedy to test the lawfulness of detention.

  2. 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.

Source document

Supreme Court of Canada

Judgment· 24 April 1996

[1996] 1 SCR 898

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.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

No structured authorities are available for this judgment.

Refer to the full judgment and official source for citations that have not yet been extracted.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.