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Revocation of Parole

35. (1) Where a provincial parole board decides to revoke the parole of an inmate who is in custody, it shall, within 15 days after the parole is revoked, inform the inmate, in writing, of the reasons for its decision. [SOR/91-563]
(2) Where a provincial parole board decides not to recredit, pursuant to subsection 25(3) of the Act, the whole of the remission lost as a result of the revocation of an inmate's parole, and the inmate is in custody, that provincial board shall, within 15 days after the decision, inform the inmate, in writing, of the reasons therefore. [SOR/91-563]
(3) Where a provincial parole board makes a decision referred to in subsection (1) or (2) and the inmate is not in custody, it shall, within fifteen days after the recommitment of the inmate to custody, inform the inmate, in writing, of the reasons for its decision. [SOR/86-817] [SOR/86-817; SOR/91-563]
Judicial Consideration -
See also cases under s7 of the Charter, s16 of the Parole Act and Regulation 20 supra.
Re Lowe - (1983), 9 WCB 349 (BCSC)
	- The British Columbia Parole Board revoked the parole of the applicant after a hearing where the petitioner was not permitted to be present throughout the hearing when her liberty was being considered. This was held to be tantamount of a refusal to be heard and was not in accordance with the principles of fundamental justice and therefore in violation of s7 of the Charter. The revocation was quashed and habeas corpus issued. The court followed the decision of the Ontario High Court in R v Cadeddu (1983), 4 CCC (3d) 112 and R v Nunery (1983),4 CCC (3d) 97, which pertained to Parole Board hearings in Ontario. See annotations under s16 of the Parole Act, supra.
R v Smith - (1988) 68 CR (3d) 92 (Ont HC)
	- At a parole suspension hearing before the Ontario Provincial Parole Board, the applicant requested an adjournment to consult counsel and to arrange for representation before the Board. This request was denied and the applicant's parole revocation confirmed, the applicant sought habeas corpus with certiorari in aid to quash the decision and secure his release.
	At the hearing before the court, it was not contested that there ought to have been an adjournment at the parole hearing and that the applicant ought to have been afforded access to counsel. The respondent had already offered the applicant a hearing with counsel before a reconstituted Board but the applicant had declined to accept that offer. At issue was the appropriate remedy to be awarded by the court
	The court found that there is no right to counsel in such circumstances before the Parole Board at common law, relying upon Howarth v National Parole Board [1976] SCR 453, 3 NR 391 (SCC) and Fraser v Mudge [1975] 3 All ER 78 (CA).
	However, the court found that s7 of the Charter provides the rights in such circumstances such as a right to an in-person hearing (Re Cadeddu and The Queen (1982) 4 CCC (3d) 97 (Ont HC)); to minimum notice of the allegations against the inmate (Re Latham and Solicitor-General of Canada (1984) 12 CCC (3d) 9 (FCTD)); and most importantly, the right to counsel at hearings involving parole revocation (Kennedy v National Parole Service [sic], unreported, August 12, 1985, FCTD, at p12; and Re Latham, supra, at p20).
	It was held that the Ontario Provincial Parole Board had violated the applicant's s7 Charter rights and committed an important procedural error. However, the court declined to set the applicant at liberty holding that a determination of the merits of the parole revocation should properly take place before the Parole Board. Notwithstanding prevailing legal authority that the warrant of suspension is spent upon the further decision of the Board to revoke and notwithstanding that this court's decision to quash the revocation would therefore normally result in the applicant being put at liberty, nevertheless, the court, using s24 of the Charter ordered that the applicant remain in custody pending a re-hearing to be held expeditiously before a different panel of the Board.
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