The applicant sought habeas corpus with certiorari in aid, arguing that the transitional provisions of the Abolition of Early Parole Act violated Charter rights by depriving him of accelerated parole review.
The applicant had committed the offence before the repeal of the accelerated parole regime but was sentenced after the repeal came into force.
The court considered whether the repeal constituted a change in punishment contrary to s. 11(i) of the Charter and whether the applicant had a settled expectation of liberty based on the earlier regime.
The court held that an offender’s expectation of liberty crystallizes at sentencing, not at the time of the offence.
Because the applicant was sentenced after the repeal of accelerated parole review, the prospective application of the repeal did not constitute punishment or violate the Charter.
