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- Parties: The appellant was Marc Gravel. The respondent was the Procureur général du Canada.
- Subject Matter: The Parole Board of Canada’s Appeal Division upheld the Parole Board’s decision to extend for a six-month period the special condition of release imposed on the appellant in June 2022 after the cancellation of the suspension of his full parole. That condition required the appellant to remain in a designated residential facility for a three-month period. A judicial review application challenged this decision. The motions judge struck out the application on the grounds that it had become academic. On appeal, the appellant argued that the correctional authorities’ decision to extend the release condition, which was recorded in his prison record, would continue to impact the decisions to which he might be subject in the future.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The appeal court found no error in the motions judge’s decision. The appeal court refused the appellant’s invitation – based on the ongoing nature of the relationship between prison authorities and prisoners serving a life sentence – to exercise its discretion to examine the merits of a theoretical question.
- Date: The hearing was set on Sept. 26, 2024. The court released its decision on Sept. 26, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: The appeal court awarded no costs as none were claimed.
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Appellant
Respondent
Court
Federal Court of AppealCase Number
A-256-23Practice Area
Criminal lawAmount
Not specified/UnspecifiedWinner
RespondentTrial Start Date
29 September 2023