Summary

Keywords

Courts - Appeal, Criminal law, Administrative law, Judicial review.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Courts – Appeals – Habeas corpus jurisdiction – Criminal law – Administrative law – Judicial review – Interrelationship between the habeas corpus remedy and the statutory parole scheme – Whether the provincial superior court erred in failing to exercise its jurisdiction to hear the application for a writ of habeas corpus – Whether the Corrections and Conditional Release Act, S.C. 1992, c. 20 (“CCRA”) constitutes a complete, comprehensive and expert procedure for review of an administrative decision – Whether the courts misapplied May v. Ferndale, [2005] 3 S.C.R. 809 and R. v. Miller, [1985] 2 S.C.R. 613 – Whether the lower court decisions did not take into account that judicial review is limited to the record which was before the federal decision maker and is not the determination, by trial de novo, of questions not adequately canvassed in evidence before the initial decision maker.

The applicant unsuccessfully applied to the National Parole Board (the “Board”) for day parole. He appealed the decision of the Day Parole Panel to the Appeal Division of the Board under the statutory appeal provisions of the CCRA. The appeal was dismissed. He then filed an internal complaint under the Correctional Services Canada Complaints and Grievance Process and brought an application for a writ of habeas corpus with certiorari in aid. He argued, inter alia, that the Board had erred in failing to consider recommendations in a Psychological/Psychiatric Assessment Report received after the completion of his Community Assessment Report. He also argued that the Board erred in considering his alleged involvement in the institutional drug trade, which he had denied.

The Supreme Court of Nova Scotia declined to exercise its habeas corpus jurisdiction and dismissed the applicant’s application. The Court of Appeal of Nova Scotia dismissed his appeal.