A federal inmate applied for habeas corpus with certiorari in aid, alleging that the abolition of accelerated parole review under the Abolition of Early Parole Act violated rights under ss. 7, 10, 11(i), and 24(1) of the Charter.
The applicant argued that his eligibility for accelerated parole review should be determined by the date of the offence rather than the sentencing date.
The court declined to review decisions of the Correctional Service of Canada and the Parole Board, holding that a comprehensive statutory review mechanism already existed.
It further found that the repeal of accelerated parole review did not violate the applicant’s Charter rights because parole eligibility does not constitute punishment and the applicant had no constitutionally protected expectation of liberty based on the repealed regime.
The application for habeas corpus and related relief was dismissed.
