Schemmann v. Canada ( Deputy Commissioner of Correctional Service )
T-1693-94
Reed J.
19/5/95
5 pp.
Applicant seeking declaration Act, Schedule I not applying to his conviction in spite of Deputy Commissioner of Correctional Services decision to contrary -- Applicant alleging legislation applied to him not in force on date of commission of offence and thus infringing Charter rights -- Applicant indicted for incest-Deputy Commissioner's decision not discretionary: Act, s. 125(1) providing accelerated parole reviews not available in case of convictions for offences listed in Schedule I -- Modifications to Act resulting in Schedule I operating: (1) to prevent automatic release of inmate upon serving two-thirds of sentence; and (2) to identify offences for which accelerated parole not available-Charter, s. 11 not applicable as modifications not imposing higher sentence on applicant than existed at time of commission of offence-Charter, s. 15 not applicable as no analogous grounds raised by reference to which s. 15 could operate -- Violence not required factor for offence to be listed in Schedule I and thus argument incest consensual between two consenting adults not relevant to legislative provision -- Application dismissed-Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 125(1), Schedule I -- 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. 11, 15.