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Trial judgment in a family law dispute addressing guardianship, relocation to Halifax, child support, spousal support, and divorce after a long incarceration history.
The Court upheld the chambers judge's discretion to decline habeas corpus relief because the Federal Courts Act confers exclusive original jurisdiction on the Federal Court to review decisions of federal bodies like the National Parole Board and because a comprehensive statutory review scheme exists under the CCRA; accordingly the provincial superior court properly dismissed the application.
Source excerpt
Judicial review of a National Parole Board appeal decision was dismissed. The Court found disclosure was adequate, the Board’s findings were reasonable, and no bias was shown.
Court of Appeal reduced a life sentence for armed robbery to 20 years, increased the concurrent sexual assault sentence to 14 years, and ordered half the robbery sentence served before full parole.
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