The respondent's statutory release was revoked by the National Parole Board based partly on evidence gathered during a search that may have violated his Charter rights.
The respondent argued the Board should have excluded the evidence under s. 24(2) of the Charter.
The Supreme Court of Canada held that the National Parole Board is not a 'court of competent jurisdiction' under s. 24 of the Charter because it lacks jurisdiction over the remedy of excluding evidence.
The Board's structure, function, and statutory mandate require it to consider all relevant information to assess the risk to society, though it remains bound by a duty of fairness to ensure information is reliable.
