PAROLE |
Cooper v. Canada (Attorney General)
A-748-01
2002 FCA 374, Linden J.A.
1/10/02
5 pp.
Issue whether extension of ineligibility period for parole pursuant to Corrections and Conditional Release Act, s. 120.2(2) violating Charter, s. 7--Trial Judge holding section not applicable and provision not overbroad or ambiguous; (2002), 215 F.T.R. 8 (F.C.T.D.)--Appellant serving life sentence without eligibility for parole for ten years-- Subsequent convictions, for unrelated crimes; sentences for two three-year terms to be served concurrently--Corrections officials adding one year ineligibility for each of two additional offences--Trial Judge allowing judicial review application in part, treating sentences for two offences as one and reducing added ineligibility period from two years to one year--No denial of fundamental justice as Parliament considered appropriate consequences for multiple offences-- Extension of ineligibility period appropriate and fair--No procedural errors--Provision not ambiguous or overbroad-- Unnecessary to decide whether liberty interest infringed-- Appeal dismissed--Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 120.2(2)--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7.