Budreo v. Canada ( National Parole Board )
A-490-93
Mahoney J.A.
8/12/93
3 pp.
Appeal from trial judgment dismissing applications for judicial review of (1) Commissioner of Corrections' decision to refer applicant's case to National Parole Board for interim detention hearing; (2) Board's decision reasonable grounds to conduct that hearing and new evidence justifying second detention hearing to review earlier decision to grant applicant release under mandatory supervision; (3) Board's decision to revoke release order -- Public protest against decision not to interfere with applicant's statutory release under mandatory supervision leading to conclusion proposed release could not be effected without serious risk of danger to applicant, public -- Corrections and Conditional Release Act, s. 141 requiring Board to provide in writing information to be considered -- Memoranda before Board not disclosed in writing to applicant either before or during hearing -- Appeal allowed -- No error by Trial Judge in refusing remedy as to first and second decisions -- Trial Judge inferring from transcript information contained in memoranda verbally communicated immediately before hearing -- Insufficient compliance with Act -- Information must be provided in writing -- Memoranda updates of expert opinions of which applicant previously informed -- Given nature of decision herein, such updates relevant independent of original opinion -- Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 141 -- Federal Court Act, R.S.C., 1985, c. F-7, s. 52(b)(i).