Armaly v. Correctional Service of Canada et al., 2001 ABCA 280

• Judge: Fraser, C.J.A., O'Leary and Wittmann, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: Thursday October 11, 2001
• Citations: 2001 ABCA 280;(2001), 299 A.R. 188 (CA)

Armaly v. Correctional Service (2001), 299 A.R. 188 (CA);

    266 W.A.C. 188

MLB headnote and full text

Temp. Cite: [2001] A.R. TBEd. NO.007

Daniel Armaly (respondent) v. Parole Service, Correctional Service Canada and the National Parole Board (appellants)

(01-00102; 2001 ABCA 280)

Indexed As: Armaly v. Correctional Service of Canada et al.

Alberta Court of Appeal

Fraser, C.J.A., O'Leary and Wittmann, JJ.A.

October 11, 2001.

Summary:

The National Parole Board revoked Armaly's parole. The Alberta Court of Queen's Bench granted Armaly a writ of habeas corpus with certiorari in aid. The Correctional Service of Canada appealed.

The Alberta Court of Appeal allowed the appeal and dismissed the application for habeas corpus with certiorari in aid. The court stayed its decision until October 24, 2001, to allow Armaly to attend a scheduled doctor's appointment and get his affairs in order.

Administrative Law - Topic 2521

Natural justice - Effect of denial of - General - [See Administrative Law - Topic 9025].

Administrative Law - Topic 9025

Boards and tribunals - Jurisdiction - Loss of - Breach of natural justice - The National Parole Board revoked Armaly's parole - The Alberta Court of Queen's Bench granted Armaly a writ of habeas corpus with certiorari in aid - The Alberta Court of Appeal allowed an appeal and dismissed the application for habeas corpus with certiorari in aid - The court held that habeas corpus should not be granted where adequate alternative remedies were available and that in this case an alternate adequate remedy existed in the appeal procedures set out in s. 147 of the Corrections and Conditional Release Act (CCRA) - The court further held that a failure to meet a statutory time limit with respect to the Parole Board's disclosure obligation did not result in a non-remediable loss of jurisdiction - The court stated that "Parliament did not intend a breach of procedural fairness, as has occurred here, to result in a non-remediable loss of jurisdiction. The CCRA provides a comprehensive statutory scheme for administering the parole review process. Sound policy reasons exist for not setting the threshold for habeas corpus so low that it effectively creates a parallel system for challenging revocation or termination of parole".

Administrative Law - Topic 9056

Boards and tribunals - Jurisdiction of particular boards and tribunals - National Parole Board - [See Administrative Law -Topic 9025].

Habeas Corpus - Topic 1504

Bars to issue of writ - Existence of other remedies - [See Administrative Law - Topic 9025].

Habeas Corpus - Topic 1505

Bars to issue of writ - Existence of statutory appeals - [See Administrative Law - Topic 9025].

Cases Noticed:

Peiroo v. Minister of Employment and Immigration (1989), 34 O.A.C. 43; 69 O.R.(2d) 253 (C.A.), refd to. [para. 2].

Steele v. Mountain Institution, [1990] 2 S.C.R. 1385; 121 N.R. 198; [1990] 6 W.W.R. 673; 60 C.C.C.(3d) 1; 51 B.C.L.R.(2d) 1; 80 C.R.(3d) 257; 2 C.R.R.(2d) 304, refd to. [para. 2].

Reza v. Minister of Employment and Immigration, [1994] 2 S.C.R. 394; 167 N.R. 282; 72 O.A.C. 348; 21 C.R.R.(2d) 236; 24 Imm. L.R.(2d) 117, refd to. [para. 2].

Lyding v. National Parole Board et al. (1998), 213 A.R. 323 (Q.B.), disagreed with [para. 6].

Fraser v. Drumheller Institution (Warden) et al. (1995), 285 A.R. 127 (Q.B.), disagreed with [para. 6].

Counsel:

Daniel Armaly, on his own behalf;

K.N. Lambrecht, Q.C., for the appellants.

This appeal was heard on October 11, 2001, before Fraser, C.J.A., O'Leary and Wittmann, JJ.A., of the Alberta Court of Appeal. The following memorandum of judgment of the Court of Appeal was delivered orally by Fraser, C.J.A., on October 11, 2001, and was filed on November 5, 2001.