The respondent, declared a criminal sexual psychopath in 1953, served almost 37 years in prison under an indeterminate sentence.
Despite numerous psychiatric recommendations for his supervised release and the unavailability of necessary treatment, the National Parole Board repeatedly denied him parole based on minor infractions.
The Supreme Court of Canada held that while the dangerous offender provisions are constitutional, the Parole Board erred in applying the statutory criteria for release.
The inordinate length of the respondent's incarceration had become grossly disproportionate to his circumstances, violating his right against cruel and unusual punishment under section 12 of the Charter.
The appeal was dismissed, confirming his release.
