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Canada Case Law

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Criminal law 2025 BCSC 129

R. v. Mariani

The court held that the 2011 faint hope amendments, when combined with s. 745(a), violated s. 12 of the Charter, but dismissed the other Charter challenges.

  • Section 12 cruel and unusual punishment
  • Section 7 life/liberty/security
  • Mandatory minimum sentences
  • Faint hope clause (s.745.6)
  • Parole ineligibility
  • Judicial screening and procedural regime
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Criminal law 2015 FC 702

Prevost v. Canada (Attorney General)

Judicial review of a parole refusal was dismissed. The Court found the Appeal Division’s decision reasonable and held that procedural fairness had been respected.

  • Parole decision
  • Judicial review
  • Procedural fairness
  • Reasonableness standard
  • Risk assessment
  • Judicial-review
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Criminal law 2003 FCT 261

De Luca v. Canada (Attorney General)

The Federal Court held that Michel De Luca could not be excluded from accelerated parole review without a conviction for a criminal organization offence.

  • Accelerated parole review
  • Criminal organization offence
  • Statutory interpretation
  • Mandamus
  • Eligibility for parole
  • Presumption of innocence
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.