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The Federal Court dismissed this judicial review as moot after the applicant was later granted day parole again, finding no live controversy and no reason to hear it anyway.
The court struck a habeas corpus application challenging a parole revocation, finding the CCRA appeal and Federal Court review process was adequate and the petition abusive.
The appeal is dismissed: the Federal Court did not err in finding the withheld corrections and parole records contained personal information protected by the Access to Information Act and Privacy Act; the Parole Board is not an adjudicative tribunal engaging the open court principle for wholesale file disclosure; the institutions reasonably applied s.8(2)(m)(i) balancing and refused disclosure as privacy outweighed the public interest; no s.2(b) Charter breach was established.
Source excerpt
The Federal Court dismissed a judicial review of a parole denial, finding the Board’s risk assessment reasonable and no procedural unfairness or Charter breach.
Application for judicial interim release in extradition proceedings adjourned generally until after the Parole Board hears the applicant’s parole application.
Judicial review of Parole Board scheduling dismissed; the Court found no section 7 breach and held the 90-day decision process was reasonable.
The British Columbia Court of Appeal upheld a delayed parole eligibility order, holding that pre-sentence custody credit is applied when fixing sentence, not when assessing s. 743.6(1).
The Federal Court dismissed a judicial review of Parole Board conditions for a long-term offender, upholding a psychiatric treatment condition and finding no procedural fairness breach.
Judicial review of a Parole Board day-parole refusal dismissed. The Court held the decision was reasonable, procedurally fair, and did not breach Charter rights.
The Federal Court held that APR was a one-time process spent after denial of APR day parole, so later full parole reviews followed the regular parole criteria.
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