Sager v. Canada
T-1239-97
Dubé J.
12/12/97
11 pp.
Motion for summary judgment dismissing plaintiff's action as no genuine issue for trial under R. 432.3-Plaintiff seeking damages for illegal detention for period from May 30 to November 17, 1996 on basis National Parole Board acted without jurisdiction in revoking plaintiff's statutory relief-On March 18, 1996, plaintiff released from Millhaven Assessment Unit under Corrections and Conditional release Act, s. 127-Board revoking statutory release directly on June 17, 1996 under Act, s. 135(7)-Board retaining jurisdiction even where Correctional Service of Canada failed to submit post suspension report within 30 days, Board failed to grant plaintiff post suspension hearing-Within life of sentence Board retains jurisdiction to revoke offender's statutory release-If plaintiff felt Board acted without jurisdiction, proper recourse for him to appeal under Act, s. 147(1)(e)-Even beyond statutory 30 day limit, application could have been made to Court for extension of time-No action against Queen unless member of Board would have acted in bad faith in exercise of functions-No genuine issue for trial-Motion allowed-Federal Court Rules, C.R.C., c. 663, R. 432.3 (as enacted by SOR/94-41, s. 5)-Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 127, 135, 147.