Canada Case Law

Canada (Attorney General) v. Lalonde

Court

Court of Appeal for Ontario

For purposes of s.11(i) a crime is committed when the actus reus and mens rea coexist; conspiracy is committed when the agreement with intent is formed; on the Crown facts Lalonde committed the conspiracies before March 28, 2011 and therefore was entitled to accelerated parole; a concurrent sentence for an offence committed after the repeal cannot divest that constitutional entitlement.

Source excerpt

• S.11(i) charter
• Retrospective legislation
• Continuing offence
• Conspiracy
• Accelerated parole
• Abolition of early parole act

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Liang v. Canada (Attorney General)

Court

Supreme Court of British Columbia

The court held that applying the Abolition of Early Parole Act to offenders sentenced after it came into force, but for pre-enactment offences, violated s. 11(i) of the Charter.

• Charter s.11(i) retrospective punishment
• Parole eligibility
• Abolition of early parole act
• Accelerated parole review
• Section 1 justification
• Charter-s11i

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Liang v. Canada (Attorney General)

Court

Supreme Court of British Columbia

The court adjourned constitutional petitions challenging the AEPA, but only briefly, to allow more hearing time and a sworn affidavit. It declined to wait for Whaling.

• Abolition of early parole act
• Accelerated parole review (apr)
• Retroactivity of penal legislation
• Charter s.7
• Charter s.11(i)
• Adjournment pending appellate decision

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Whaling v. Canada (Attorney General)

Court

Supreme Court of British Columbia

The court held that the AEPA’s retrospective abolition of accelerated parole review added punishment to already imposed sentences and violated s. 11(h) of the Charter.

• Section 11(h) charter
• Parole eligibility
• Retrospective legislation
• Section 1 charter justification
• Abolition of early parole act
• Transitional provision

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