Supreme Court of Canada
R. v. Moore, 1983 CanLII 145 (SCC), [1983] 1 SCR 658
Her Majesty The Queen Appellant;
and
Marlene Moore Respondent.
and
Donald Oag Appellant;
and
Her Majesty The Queen, the National Parole Board and Robert Benner, the warden of the Edmonton Institution Respondents.
1983: May 17.
Present: Laskin C.J. and Ritchie, Dickson, Beetz, Estey, Mclntyre, Chouinard, Lamer and Wilson JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO AND FROM THE COURT OF APPEAL FOR ALBERTA
Criminal law—Imprisonment—Parole—Mandatory supervision—Gating of inmate upon release on mandatory supervision—Whether gating is legal—Parole Act, R.S.C. 1970, c. P-2 as amended, ss. 15, 16—Penitentiary Act, R.S.C. 1970, c. P-6 as amended, ss. 24, 25.
Truscott v. Director of Mountain Institution (1983), 1983 269 (BC CA), 4 C.C.C. (3d) 199, 147 D.L.R. (3d) 741, 33 C.R. (3d) 121, applied.
APPEAL from a judgment of the Ontario Court of Appeal (1983), 1983 1677 (ON CA), 41 O.R. (2d) 271, 4 C.C.C. (3d) 206, 33 C.R. (3d) 99, dismissing an appeal from a judgment of Eberle J. granting respondent Moore’s application for habeas corpus. Appeal dismissed.
APPEAL from a judgment of the Alberta Court of Appeal, 1983 ABCA 95, [1983] 4 W.W.R. 124, 25 Alta. L.R. (2d) 182, 33 C.R. (3d) 111, setting aside a judgment of the Court of Queen’s Bench, 1982 1260 (AB KB), [1983] 3 W.W.R. 130, 24 Alta. L.R. (2d) 274, granting appellant Oag’s application for habeas corpus. Appeal allowed.
[Page 659]
Counsel
I.G. Whitehall, Q.C., for the appellant Her Majesty The Queen.
David P. Cole and Allan S. Manson, for the respondent Moore.
Peter J. Royal, for the appellant Oag.
I.G. Whitehall, Q.C, and Graham Garton, for the respondents.
Judgment
The judgment of the Court was delivered orally by
THE CHIEF JUSTICE—We are all of the opinion that the Crown’s appeal against Marlene Moore fails and that the appeal of Oag must be allowed. It is our view that the judgment of Dubin J.A. in the Ontario Court of Appeal in the Moore case as extended by Seaton J.A. in the Truscott case, dated March 25, 1983, deals properly with the relevant sections of the Parole Act, R.S.C. 1970, c. P-2, and of the Penitentiary Act, R.S.C. 1970, c. P-6. It follows that Marlene Moore’s release stands, that the judgment of the Alberta Court of Appeal in respect of Oag must be set aside and that Oag is entitled to his immediate release.
Judgment accordingly.
Solicitor for the appellant Her Majesty The Queen: R. Tassé, Ottawa.
Solicitor for the respondent Moore: David P. Cole, Toronto.
Solicitors for the appellant Oag: Freeland, Royal & McCrum, Edmonton.
Solicitor for the respondents: R. Tassé, Ottawa.