Paris v. Canada ( Attorney General )
T-75-98
Nadon J.
6/11/98
18 pp.
Applicant currently detained at St-Vincent-de-Paul, Quebec institution, disputing sentence calculation by Correctional Service of Canada determining end date of sentence May 6, 2004, and statutory release date July 19, 2001-On January 9, 1975, applicant given two concurrent three-year sentences on each count-According to Correctional Service, three years imposed on applicant on January 9, 1975, to be served consecutively to sentence applicant already serving-Whether, for purposes of applicant's sentence calculation, three years to be added to sentence already imposed on applicant-Case law, including Kula v. Picard, [1983] 1 F.C. 95 (T.D.), unanimously holding sentence imposed on inmate for crime committed while on parole to be served consecutively to previous sentence-In case at bar, applicant given two concurrent three-year sentences on each count-Since Joncas J. did not mention sentence to be served consecutively to previous sentence, in view of Criminal Code, s. 649(1), sentence to commence running when imposed unless "a relevant enactment otherwise provides"-Parole Act, s. 21(1) relevant enactment, otherwise provides-Section mandatory-Correctional Service did not err in so calculating end date of applicant's sentence-Correctional Service informing applicant in 1993 of error in 1985 sentence calculation-Applicant arguing error, corrected eight years later, caused applicant to live in expectation of being released about five years sooner-Error made in 1985 could in no way have created or vested substantive rights in applicant, and, as result, 1993 calculation must prevail-Application dismissed-Criminal Code, R.S.C. 1970, c. C-34, s. 649(1)-Parole Act, R.S.C. 1970, c. P-2, s. 21.