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The Federal Court certified a class proceeding over Charter damages claims arising from the Abolition of Early Parole Act, and rejected the defendant’s added preliminary question.
Federal Court certified a proposed class action over AEPA-related Charter damages claims and rejected the Crown’s proposed extra dispositive common question.
The court dismissed a petition challenging CSC’s refusal to refer an inmate for accelerated parole, holding the provincial superior court lacked jurisdiction.
The AEPA's retrospective abolition of the accelerated parole review regime increased objectively ascertainable incarceration risk between commission and sentencing and therefore varied punishment within the meaning of s.11(i); the government failed the s.1 minimal impairment test, so the infringement is not justified.
Source excerpt
The abolition of APR by the AEPA, as applied to an offender sentenced after the AEPA for offences committed before it, appreciably increased the period of incarceration the offender could reasonably expect under the prior regime and therefore constituted a variation in punishment within s.11(i) of the Charter; accordingly the appellant was entitled to the APR regime that existed at the time of his offence.
Source excerpt
The abolition of APR by the AEPA as applied to offenders who committed offences before but were convicted and sentenced after the AEPA resulted in an appreciable increase in the punishment they would face compared to the regime in place at the time of their offences, thereby violating s.11(i) of the Charter; that infringement is not justified under s.1, and affected appellants are entitled to the APR regime that previously applied.
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