Ye v. Canada (Attorney General)

Ye v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2018-09-10 Neutral citation 2018 FCA 162 File numbers A-275-17 Decision Content Date: 20180910 Docket: A-275-17 Citation: 2018 FCA 162 CORAM: NADON J.A. STRATAS J.A. BOIVIN J.A. BETWEEN: YONG LONG YE Appellant and ATTORNEY GENERAL OF CANADA Respondent Heard at Vancouver, British Columbia, on September 10, 2018. Judgment delivered from the Bench at Vancouver, British Columbia, on September 10, 2018. REASONS FOR JUDGMENT OF THE COURT BY: STRATAS J.A. Date: 20180910 Docket: A-275-17 Citation: 2018 FCA 162 CORAM: NADON J.A. STRATAS J.A. BOIVIN J.A. BETWEEN: YONG LONG YE Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on September 10, 2018). STRATAS J.A. [1] The appellant appeals from the decision dated July 7, 2017 of the Federal Court (per LeBlanc J.): 2017 FC 660. [2] The parties agree that the Federal Court properly chose the standard of review of reasonableness. Thus, the only issue before us is whether the Federal Court properly found that the decision under review, that of the Appeal Division of the Parole Board of Canada on May 3, 2016, was reasonable: Agraira v. Canada (Public Safety and Emergency Preparedness), 2013 SCC 36, [2013] 2 S.C.R. 559. [3] Despite the able submissions of Mr. Conroy, we are all of the view that the Appeal Division reached a reasonable decision concerning the interpretation of the provisions of the Corrections and Conditional Release Act, S.C. 1992, c. 20, concerning the Accelerated Parole scheme and how they apply to the appellant. In so doing, we are persuaded by paragraphs 51-91 of the respondent’s memorandum. Further, notwithstanding the standard of review, we consider the Federal Court’s interpretation of the relevant provisions and its supporting analysis to be correct. [4] Therefore, we will dismiss the appeal. In light of the fact that Mr. Conroy has undertaken this appeal on a pro bono basis, in these circumstances we will make no order as to costs. "David Stratas" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-275-17 APPEAL FROM A JUDGMENT OF THE HONOURABLE MR. JUSTICE LE BLANC DATED JULY 7, 2017, DOCKET NO. T-1456-16 STYLE OF CAUSE: YONG LONG YE v. ATTORNEY GENERAL OF CANADA PLACE OF HEARING: VANCOUVER, BRITISH COLUMBIA DATE OF HEARING: September 10, 2018 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. STRATAS J.A. BOIVIN J.A. DELIVERED FROM THE BENCH BY: STRATAS J.A. APPEARANCES: John W. Conroy, Q.C. For The Appellant Mark E.W. East For The Respondent SOLICITORS OF RECORD: Conroy & Company Abbotsford, British Columbia For The Appellant Nathalie G. Drouin Deputy Attorney General of Canada For The Respondent