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Normand v. Canada ( Parole Board )

T-1080-96

Noël J.

6/12/96

13 pp.

Application for certiorari against National Parole Board and Attorney General to quash Appeal Division decision confirming decision of Board not to grant applicant parole under procedure referred to as "accelerated parole review"-Board criticized applicant's ties with Hell's Angels and concluded that, if released, would commit offence involving violence-Appeal Division concluded that Board had observed principles of natural justice and that Board decision reasonable-Application dismissed-Board did not err by considering charges for which applicant had been discharged because under s. 125(3), Board may have regard to all relevant information including information that tends to disclose potential for violent behaviour-Board entitled to use all information available to it relating to behaviour and actions of criminal biker groups, including its own expertise in that respect-Based on evidence, Board entitled to conclude applicant had not demonstrated had made definitive break with members of these groups-Wrong to contend Board placed insurmountable burden on applicant because will still be able to demonstrate, by his behaviour, if such is the case, that he has in fact cut ties with criminal biker groups if decides to do so-Board correct to conclude, having regard to evidence, there were reasonable grounds to believe that, if released, he might commit offence involving violence before expiration of his sentence according to law-Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 125(3).

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