Berenstein v. Canada ( National Parole Board )
T-532-96
Rouleau J.
4/4/96
7 pp.
Application for mandamus against National Parole Board to force it to hold hearing-Applicant sentenced to six years in detention on February 17, 1995-Crimes in question committed in 1991-Applicant's detention beginning February 17, 1995-Applicant submitting entitled to hearing for day parole after serving one sixth of sentence, period provided for in Parole Act when offence committed in 1991-Corrections and Conditional Release Act setting period of ineligibility at one third less six months not coming into force until November 1992-Submitting Charter, s. 11(i), applicable, as providing any person charged with offence has right, if punishment for offence varied between time of commission and time of sentencing, to benefit of lesser punishment-Application for mandamus dismissed-Corrections and Conditional Release Act applicable only once sentence imposed and inmate to begin serving it-It governs how sentences imposed by courts of criminal, penal jurisdiction carried out, thus does not impose "punishment" within meaning of s. 11(i)-Parole Act, R.S.C., 1985, c. P2-Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 119(1)(c), 120-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.