Sentences with phrase «of early parole»

Applying the Abolition of Early Parole Act (No Pressing / Substantial Reason Re: Retrospectivity)

Keywords: Charter; Sections 1, 11 (i); Meaning of «Punishment»; Abolition of Early Parole Act; Retrospective Application; Pressing and Substantial Objective

The Supreme Court ruled against part of Canada's anti-prostitution laws in the Bedford ruling at the close of 2013, and held that a section of the Abolition of Early Parole Act was unconstitutional.

Today, in the case of Canada (Attorney General) v. Whaling, 2014 SCC 20, the Supreme Court of Canada pushed back against one small element of the government's «tough on crime» agenda, namely, the retroactive abolition of early parole for offenders already serving their sentences.

The respondents characterized retrospective application of the Abolition of Early Parole Act as «punishment».

Quoting Whaling, the Ontario Court of Appeal found that the retroactive application of the Abolition of Early Parole Act conflicted with both Section 11 (h) and (i) of the Charter.

All except Ms. Craddock committed their offences before the Abolition of Early Parole Act came into effect and were sentenced afterwards.

Offenders who were convicted and sentenced after the enactment of the Abolition of Early Parole Act are entitled to the previous «accelerated parole review» regime.

Extended incarceration is an «objectively ascertainable effect» of changes to the parole system under the Abolition of Early Parole Act — crucially, the British Columbia Court of Appeal found that the change occurred between the time of the offences and the time of sentencing.

Significantly, Whaling was a Section 11 (h) case in which the Supreme Court of Canada was asked to consider whether automatically lengthening the incarceration period under Section 10 (1) of the Abolition of Early Parole Act constituted additional punishment.

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.»

There is a bill currently making its way through Parliament to address these types of issues entitled Bill C - 56 An Act to amend the Corrections and Conditional Release Act and the Abolition of Early Parole Act.

Not exact matches

Because there's no federal parole, Tyler must get the president of the United States himself to sign off on his early release through a process known as commutation.

They have been discussing the case of 62 - year - old Alice Marie Johnson, who has been serving a life sentence without parole for her role facilitating communications for a cocaine ring in the early 1990s.

A three - member panel of the State Parole Board has turned down a disgraced former city detective's bid for early release.

Rockland County District Attorney Thomas Zugibe said he plans to fight the early parole of Clark — who helped plan the heist, participated in the robbery and «reached for her weapon when cornered by police after trying to escape.»

The governor of New York earlier this week instructed his state's corrections agency to restrict sex offenders on parole from using Pokémon Go.

«Today, Governor Cuomo signed an Executive Order setting up a procedure that should result in many tens of thousands of New Yorkers who are on parole having their voting rights restored: one of Let NY Vote's top 3 priorities, along with Early Voting (EV) and Automatic Voter Registration (AVR).

Today's statistics show a fall of nearly half in the number of prisoners in England and Wales granted parole - of the 901 who applied only 106 were released early.

Sweeney's attack took place just weeks after coming out of his parole period for an earlier child sex offence.

In a landmark study performed by the National Academy of Sciences, parole board judges were most likely to give a favorable ruling early in the morning.

So when a policewoman (Sidne Anderson) shows up and asks him to come down to the station and reveals that his parent's killer is getting out of prison early on parole, his recluse desperation clicks with us as fresh - born necessity clicks on for him.

A year earlier, he had been so certain of his religious conversion that when he went before the Illinois parole board, he let his inner peace sell itself.

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.

However, in R. v. Summers 2014 SCC 26 (April 11, 2014), the Court corrected such untruthful use of «untruth» in legislation by approving the use of such enhanced credit because of lost opportunity for early release and parole due to time spent in PSC not being taken into account.

When Parliament killed early parole provisions in 2011 and applied the abolishment retrospectively, it violated the rights of those who were sentenced before the repeal took effect, the Supreme Court of Canada has found.

The appellants sought early release and had been denied an oral hearing by the Parole Board under the operation of the statutory regime (detailed in paras 3 - 17).

Mack, 38, was sentenced to life in prison with no chance of parole for 25 years on Feb. 22, 2008, after a jury earlier found him guilty of first - degree murder for the 2002 slaying of fellow DJ Robert Levoir, 25.

The narrow issue before the Supreme Court was the meaning of the term «circumstances» and whether the lost opportunity for early release and parole in pre-sentence detention can be such a circumstance, capable of justifying enhanced credit at a rate of 1.5:1

The study found that prisoners who appeared early in the morning were granted parole around 70 per cent of the time, while those who appeared in the afternoon were granted parole less than 10 per cent of the time.