Giroux v. Canada ( National Parole Board )
T-458-94
McGillis J.
24/11/94
10 pp.
Application for judicial review of National Parole Board (Board) decision ordering applicant's detention in custody until expiration of sentence on grounds of likelihood to re-offend pursuant to Act, s. 129(3)(a) -- Board terminating applicant's day parole as suspect in investigation with respect to other sexual assaults -- Certain sensitive issue reports and letter from police withheld from applicant at request of police -- Psychiatric assessment made without personal interview with applicant due to applicant's refusal to participate -- Applicant refusing to participate in detention review hearing following Board's rejection of applicant's objections at outset of hearing -- Disclosure of psychiatric assessment on day of hearing respecting "as soon as practicable" statutory disclosure requirement as assessment prepared on "extremely urgent basis" and results immediately forwarded to applicant upon receipt -- Assessment but one factor considered by Board and Board's decision justified even in absence of assessment -- Failure to disclose police letter of no consequence as applicant informed of essence of allegations within prescribed notice period and not suffering any prejudice by reason of non-disclosure -- Act requiring Board to maintain record of proceedings only where review conducted by way of hearing -- Applicant's refusal to attend hearing enabling Board to determine case by review of file as opposed to by holding hearing thus excluding proceeding from record requirement -- Failure to provide transcript of hearing of no consequence -- Alternatively, record requirement not imposing on Board obligation to produce verbatim recording of proceedings and Board's detailed reasons for decision addressing both objections raised and final ruling satisfying statutory requirement-Rejection of appellant's Charter, s. 11(d) challenge Board's consideration of alleged criminal offence charges infringing applicant's right to be presumed innocent -- Charter, s. 11 procedural safeguard affording protection in context of prosecution of public offences involving punitive sanctions and not applicable to administrative proceedings before Board -- Existence of criminal charges for alleged sexual offenses committed by applicant highly relevant factor requiring Board's consideration -- Charter, s. 11 protection limited to prosecution of these outstanding criminal charges and not extending to consideration of charges by Board-Application dismissed -- Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 129(3)(a) -- Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 11.