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Judicial review dismissed. The Federal Court upheld a detention decision under the CCRA, found the referral timely, and held disclosure was procedurally fair.
The Federal Court allowed judicial review, quashed a corrections disciplinary conviction, ordered record corrections, lifted part of an interim preservation order, and awarded $100 costs.
The Federal Court dismissed Mr. Wilson’s judicial review challenge to a grievance remedy order about an escorted temporary absence request, finding remittal for reconsideration was reasonable.
The Federal Court dismissed Steve Hurdle’s judicial review as premature because he had not exhausted the offender complaints and grievance process.
Subsection 134.1(3) requires the Board to consider and determine the duration of long-term supervision conditions; a decision template’s standard clause is insufficient proof of such consideration on its own, but where the Board’s reasons, read as a whole, show it considered duration the decision is lawful; accordingly the appeals are dismissed.
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The Federal Court set aside a disciplinary conviction for failing to provide a urine sample, holding that the chairperson misapplied the burden of proof on lawful excuse.
The Court of Appeal extended time to appeal, allowed the appeal, and quashed a probation order after consecutive sentences were treated as one continuous sentence under s. 139(1).
The applicant failed to prove that the Parole Board had access to or relied upon information not shared with her or that procedural fairness or statutory disclosure obligations under ss.101 and 141 were breached; therefore her detention was not shown to be unlawful and the habeas corpus application is dismissed.
Source excerpt
The Court of Appeal for British Columbia extended time to appeal, granted leave, and quashed an illegal probation order attached to a sentence over two years.
The Federal Court dismissed judicial review of a prison disciplinary conviction, holding the chairperson need only decide guilt and not review the charge-laying decision.
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