The Attorney General failed to establish that ``... retrospective application of the Abolition of Early Parole Act serves a pressing and substantial government objective, is rationally connected to that objective, minimally impairs the Charter right, and that its salutary benefits outweigh its detrimental effects.» (supremeadvocacy.ca)
In 2011, the Abolition of Early Parole Act came into effect, which applied to prisoners already serving sentences, including Whaling. (canadianlawyermag.com)
When he was sentenced, accelerated parole provisions of the Corrections and Conditional Release Act allowed for early parole after serving one - sixth of the sentence. (canadianlawyermag.com)