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Mr. Kurgan's appeal from the Federal Court's judgment, which dismissed his application for judicial review of two Parole Board decisions regarding the release of Philip James Baker from prison, has been dismissed. The Federal Court found that Mr. Kurgan did not have standing to bring the application for judicial review as he failed to demonstrate direct affectedness by the Parole Board's amended decisions. The court determined that any harm caused by Mr. Baker's activities after his release was too remote to affect the determination of direct affectedness. Mr. Kurgan raised a new issue in the appeal, claiming to be a victim under the Canadian Victims Bill of Rights, but the court ruled that this argument could not be raised since it was not included in the original application for judicial review. The court also dismissed the Attorney General's request for costs.
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Appellant
Respondent
Court
Federal Court of AppealCase Number
A-306-21Practice Area
Criminal lawAmount
Not specified/UnspecifiedWinner
Trial Start Date