BACK PREVIOUS SECTION NEXT SECTION BACK PREVIOUS SECTION NEXT SECTION | 11.1 (1) Subject to subsection (2), sections 5 and 9 do not apply to an inmate | ||
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(a)
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who is terminally ill; | |
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(b)
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whose physical or mental health is likely to suffer serious damage if the inmate continues to be held in confinement; | |
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(c)
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for whom the penalty constitutes an excessive hardship that was not reasonably foreseeable at the time the inmate was sentenced; | |
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(d)
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who has completed a program recommended by the sentencing court or who has satisfied specific objectives of the sentence expressly stated by the sentencing court; or [SOR/91-563] | |
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(e)
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who is the subject of a deportation order under the Immigration Act, an order to be surrendered under the Extradition Act or an order for return under the Fugitive Offenders Act, where the order requires that the inmate be detained until deported, surrendered or returned, as the case may be. [SOR/91-563] | |
| (2) Subsection (1) does not apply to | ||
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(a)
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an inmate serving a sentence of life imprisonment as a minimum punishment; | |
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(b)
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an inmate in respect of whom a sentence of death has been commuted to life imprisonment; and | |
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(c)
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an inmate who has been sentenced to detention in a penitentiary for an indeterminate period. | |
| Judicial Consideration - | ||
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Schertow v National Parole Board - Unreported, May 18, 1984 No.T-655-84 (FCTD)
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| - By consent an Order in the nature of certiorari was granted quashing a decision of the National Parole Board denying an applicant parole for the purpose of deportation and an Order of mandamus was issued to the Board to conduct a new hearing at which all members in the number of five voting on the decision to grant or deny such parole would be present in person. It was held that the procedure followed by the Board in voting on the decision when all members who voted were not present at the hearing was procedurally unfair because the deciding Board members did not see the applicant nor hear his submissions in person before rendering their decision and that this procedure was in violation of s7 of the Charter. | ||
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