The applicant filed a constitutional challenge to s. 163(3) of the Correctional and Conditional Release Regulations, arguing it permitted the Parole Board of Canada to indefinitely defer post-suspension hearings for provincial inmates awaiting federal transfer.
After the application was filed, the Board held the applicant's hearing, rendering the application moot.
The court exercised its discretion to hear the moot application, finding an ongoing adversarial context, strong grounds, special circumstances transcending the applicant's interest due to the COVID-19 pandemic's impact on transfers, and a need to conserve judicial resources by resolving a recurring issue evasive of review.
