PAROLE |
Ouellet v. Canada (Attorney General)
T-1476-01
2001 FCT 1410, Blanchard J.
19/12/01
9 pp.
Application for judicial review of decision by Appeal Division of National Parole Board upholding decision by Board denying plaintiff day parole and full parole pursuant to Corrections and Conditional Release Act, s. 126--Application dismissed--Issues: whether Board could conclude there were reasonable grounds to believe plaintiff would commit offence involving violence despite fact offences of which convicted not in Schedule I of Act; whether Board entitled to conclude on facts in record reasonable grounds to believe if released plaintiff would commit offence involving violence-- Applicable standard of review in case at bar that of patently unreasonable decision--Board indicated in its opinion driving automobile while intoxicated violent crime, since likely to injure or kill innocent victims--Fact plaintiff serving sentence for offence not mentioned in Schedule I not meaning Board could not conclude there were reasonable grounds to believe he would commit offence in Schedule I--Although offences committed by plaintiff not mentioned in Schedule I, not unreasonable for Board to conclude, based on factors to which it referred in its decision, reasonable grounds to believe plaintiff likely to commit Schedule I offence before expiry of sentence--Analysis by Board and assessment of facts in case at bar completely consistent with function conferred on it by Act and falling within its jurisdiction and reason for existing--Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 126 (as am. by S.C. 1995, c. 42, s. 40), Schedule I.