Beaulieu v. Ingstrup
T-1686-92
Noël J.
18/5/93
5 pp.
Application for judicial review from referral made by Commissioner of Correctional Service Canada to Chairman of National Parole Board and from decision by Board to keep applicant in custody and decision of Appeal Division of Board to uphold decision -- Prisoner entitled to be released on parole after serving two-thirds of sentence unless Correctional Service refers case to Board at latest six months before scheduled date of release and Board decides otherwise -- Applicant imprisoned for sexual assaults against young girls and denied parole on ground had not acknowledged guilt and was likely to commit further offences-Supreme Court of Canada found in Cunningham v. Canada, [1993] 2 S.C.R. 143 Parole Act, s. 21.3(3) infringed right to liberty guaranteed in s. 7 of Charter, but infringement not contrary to principles of fundamental justice under s. 7 -- Supreme Court's decision in Cunningham conclusive -- Board entitled to treat conclusions of report of March 28, 1991 as new information-Application dismissed -- Parole Act, R.S.C. (1985), c. P-2, s. 21.3(3) (as enacted by R.S.C., 1985 (2nd Supp.), c. 34, s. 5).