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A-16-81
Jack Dalton Meldrum (Appellant) (Applicant)
v.
National Parole Board (Respondent)
Court of Appeal, Pratte and Heald JJ. and Ver- chere D.J.—Calgary, May 25, 1981.
Judicial review — Practice — Motion to quash s. 28 application brought against the decision of the National Parole Board to revoke the applicant's parole — Whether or not Board's decision is an administrative decision which is not required by law to be made on a judicial or quasi-judicial basis — Motion granted — Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28 — Parole Act, R.S.C. 1970, c. P-2, s. 11 as amended by Criminal Law Amendment Act, 1977, S.C. 1976-77, c. 53, s. 26 — Parole Regulations, C.R.C. 1978, Vol. XIII, c. 1249, s. 20(2).
Howarth v. National Parole Board [1976] 1 S.C.R. 453, followed.
MOTION. COUNSEL:
A. Park for appellant (applicant).
B. Saunders for respondent.
SOLICITORS:
Barron, McBain, Calgary, 'for appellant (applicant).
Deputy Attorney General of Canada for respondent.
The following are the reasons for judgment of the Court delivered orally in English by
PRATTE J.: This is a motion to quash a section 28 application brought against the decision of the National Parole Board to revoke the parole of the applicant, Jack Dalton Meldrum.
The motion is made on the ground that the decision of the National Parole Board revoking the parole of the applicant is not a decision which is reviewable under section 28 of the Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, since it is an
administrative decision which is not required by law to be made on a judicial or quasi-judicial basis. In support of the motion, reference was made to the decision of the Supreme Court of Canada in Howarth v. National Parole Board [1976] 1 S.C.R. 453.
Counsel for the applicant conceded that his application would have to be quashed if the law had remained unchanged since the Howarth case. He argued, however, that the amendment of sec tion 11 of the Parole Act, R.S.C. 1970, c. P-2, by section 26 of the Criminal Law Amendment Act, 1977, S.C. 1976-77, c. 53, and the new Regulation 20(2) [Parole Regulations, C.R.C. 1978, Vol. XIII, c. 1249] that was adopted pursuant to that amendment had changed the nature of the decision of the Board into a quasi-judicial decision.
We are all of opinion that this argument must be rejected. In our view, the mere fact that, under the new Regulation 20(2), an inmate is now en titled to request and be given a hearing when his case is referred to the Board pursuant to subsec tion 16(3) of the Act does not warrant the conclu sion that the decision of the Board to revoke a parole is now required by law to be made on a judicial or quasi-judicial basis.
The motion will therefore be granted and the section 28 application will be quashed.
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