| 16. (1) Except as provided in subsection 14.1(1) and subject to subsection (2), the Board shall conduct a day parole review or a temporary absence review in respect of an inmate on application made by or on behalf of the inmate. [SOR/91-563] | ||
| (2) The Board is not required to conduct more than one day parole review or temporary absence review every six months in respect to an inmate, except where an inmate makes an application to be granted a temporary absence for medical purposes. [SOR/86-915; SOR/91-563] | ||
| Judicial Consideration - | ||
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See Ford v National Parole Board - [1977] 1 FC 359,73 DLR (3d) 630 (FDTD)
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| - Under ss8 and 9 of the Parole Act. Although that case dealt with the provisions contained in the previous regulations, the same principles would apply to these regulations namely that, the prisoner has a "right" to a review and decision on the question of his parole at the time specified in the regulations. This right to a review and decision is distinct from the decision to grant a parole which is an administrative act relating to a privilege. Further, any amendment to the regulations changing the times required for the reviews affects substantive right and is not merely procedural and consequently, any such amendments will not operate retroactively unless it is expressly so provided. Consequently, the prisoner's rights in this regard will be determined by the provision in the regulations at the date of his committal or recommittal and not by subsequent amendments. | ||