The applicant, an Aboriginal offender who discovered his identity late in life, sought judicial review of a Parole Board decision upholding the revocation of his statutory release.
By the time of the hearing, the applicant had been subject to several subsequent Parole Board decisions, and the parties agreed the application was moot.
The Federal Court declined to exercise its discretion to hear the moot case, finding that the live controversy had disappeared, an adversarial context based on a concrete factual record no longer existed, and proceeding would depart from the court's traditional role by acting like a reference.