Langard v. Canada ( National Parole Board )
T-1809-93
Simpson J.
21/9/93
9 pp.
Application for judicial review of National Parole Board's amended determination of day parole eligibility -- Applicant first sentenced to seven-year term on June 6, 1990 -- Sentence beginning to run December 20, 1991 -- On December 10, 1992 sentenced for further offences to two concurrent terms of three years -- Combined sentence of 10 years -- When first sentence imposed, Parole Act providing for day parole after serving one-sixth of sentence, in force -- When second sentence imposed, Corrections and Conditional Release Act (CCRA) providing for day parole when one-third of sentence less six months served, in force -- Board setting eligibility date by applying CCRA to entire 10-year sentence -- CCRA, s. 225 providing s. 119 (eligibility for day parole) not applying to sentence imposed before commencement day, but provisions of former Act apply -- S. 139 providing where person sentenced to term of imprisonment that has not expired, sentenced to additional term of imprisonment, person deemed to have been sentenced to one term of imprisonment commencing at beginning of first of those sentences -- Board submitting CCRA, s. 225 only applies where only sentence for which calculations required imposed under Parole Act regime -- Once sentence imposed under CCRA, eligibility determined under CCRA in respect of entire 10-year sentence -- Applicant submitting because both sentences deemed to be one, day parole eligibility determined by applying Parole Act formula to entire 10-year sentence -- Application allowed -- Both interpretations wrong -- CCRA, s. 225(1) substantive provision[cad 211]Parliament clearly intending CCRA not have retroactive effect and sentences imposed under Parole Act regime would for purposes of day parole calculations be treated according to Parole Act formula -- S. 225(1) applying to sentences imposed before November 1, 1992, whether or not additional sentences imposed on offender under CCRA -- Sentences imposed under Parole Act not brought under CCRA formula for calculation of day parole -- Applicant's reading of s. 139 unreasonable as unduly expanding operation of transitional provision by extending it to sentences imposed under CCRA -- Sentence or sentences imposed under Parole Act have eligibility dates calculated using Parole Act formula, and eligibility dates for sentences imposed under CCRA calculated using its formula -- In transitional period, double calculations required in cases of this kind to give effect to s. 225(1) -- Applicant eligible for day parole July 25, 1993 -- Parole Act, R.S.C., 1985, c. P-2 -- Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 119, 139, 225(1).