Fehr v. Canada ( National Parole Board )
T-149-94
McKeown J.
10/4/95
17 pp.
Judicial review of National Parole Board (the Board) decisions revoking applicant's day parole and subsequently denying her application for either day or full parole -- Applicant inmate serving life sentence for second-degree murder -- While on full parole applicant convicted of impaired driving causing death and leaving scene of accident -- Applicant subsequently granted day parole conditional on refraining from consuming alcohol -- Applicant breaching condition on two occasions and refusing request to provide urinalysis -- Board revoking day parole -- Appeal Division affirming Board decision -- One year later, Board refusing applicant's request for reinstatement of parole -- Board's discretion with respect to parole administrative decision subject to duty of fairness -- Applicant arguing Board ignored opinion of parole supervisors and counsellors at Elizabeth Fry Society that parole should not be revoked -- Although Board considering positive recommendations Board, as specialized tribunal, may choose to deny or revoke parole despite favourable reports by correctional services officers -- Fact no action taken pursuant to first breach of parole condition not meaning no action can be taken on second breach where latter less serious -- No reasonable and probable grounds required before applicant obliged to submit to urinalysis request; legislation simply requiring offender be told basis for demand and consequences of non-compliance -- Fact warning no further breach of alcohol condition would be tolerated not received by applicant before second incident not determinative of matter and not constituting reviewable error -- Applicant contending Board succumbing to political pressure by presence at hearing of president of victims' rights organization -- Fact president meeting with Board executives, none of whom sitting on hearing, to discuss matters of policy not raising reasonable apprehension of bias as meeting in keeping with Board's role as policy-oriented body--Presence of president at hearing not raising reasonable apprehension of bias -- Board to be presumed impartial in absence of contrary evidence -- Board not exercising discretion in patently unreasonable manner; Court deferring to Board's expertise--Applicant not meeting onus of establishing Board failing to comply with requirement to act fairly -- Board's decision not infringing Charter, ss. 7 and 9 right to liberty and freedom from unlawful imprisonment -- While existence of appeal remedy not automatically precluding certiorari, applicant should have pursued statutory appeal, where legislation providing adequate alternative remedy to certiorari prior to seeking judicial review -- Applicant not precluded from raising Charter arguments before administrative body although no deference awarded such decisions -- Judicial review not foreclosed should Appeal Board refuse to hear Charter arguments--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], ss. 7, 9.