Parole

PAROLE

27. Repealed.

Legislative History - Section 25 was repealed by SC 1986 c43 s23, effective July 26, 1986. The section formerly read as follows:

"25. Where,
	(a) under the Parole Act, authority is granted to an inmate to be at large during his term of imprisonment, or
	(b) a person who is at large by reason of statutory or earned remission is subject to mandatory supervision under the Parole Act,
his term of imprisonment, for all purposes of that Act, includes any period of statutory remission and any period of earned remission standing to his credit when he is released."

*Judicial Consideration* -

Re Morin - [1969] 2 CCC 171 (Sask CA)
	- This section specifically defines "terms of imprisonment" for all purposes of the Parole Act, 1958, c38, to include any period of statutory and earned remission standing to the inmate's credit when released on parole. Consequently the words "term of imprisonment" in s16(1) of the Parole Act have this same meaning and upon revocation the prisoner will lose this remission and have to re-serve it.

Marcotte v Deputy Attorney-General of Canada - [1976] 1 SCR 108, 51 DLR (3d) 259, 19 CCC (2d) 257, 23 NR 613
	- While this section defines "term of imprisonment" in the Parole Act as including statutory remission, this does not mean that upon revocation of parole and recommitment pursuant to s16(1) of the Parole Act -"to serve the portion of his original term of imprisonment that remained unexpired at the time parole was granted" -that this statutory remission is forfeited. This section does to apply to s16(1) of the Parole Act, but is confined to the purposes of the parole legislation while the parolee is at large. The legislative history supports the conclusion that Parliament did not intend any forfeiture of remission by this section. In any event, any ambiguity in the construction or application of a statute affecting the liberty of a subject should be applied in such a manner as to favour the person against whom it is sought to be enforced.

Ex parte Quocksister - (1975), 27 CCC (2d) 74 (BCCA)
	- This section determines the term of imprisonment" for purposes of the Parole Act only. It does not affect the term of imprisonment for the purposes of s22(1) of the Penitentiary Act.
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