Oag v. R., National Parole Board and Warden of the Edmonton Institution, (1982) 43 A.R. 34 (QB)

• Judge: McDonald, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 31, 1982
• Citations: (1982), 43 A.R. 34 (QB)

Oag v. R. (1982), 43 A.R. 34 (QB)

MLB headnote and full text

Oag v. R., National Parole Board and Warden of the Edmonton Institution

Indexed As: Oag v. R., National Parole Board and Warden of the Edmonton Institution

Alberta Court of Queen's Bench

Judicial District of Edmonton

McDonald, J.

December 31, 1982.

Summary:

An inmate was entitled to be released on mandatory supervision on December 6, 1982. On December 6 before his release he was arrested and detained under a warrant by the Chairman of the National Parole Board suspending the mandatory supervision pursuant to section 16(1) of the Parole Act. The inmate applied for habeas corpus.

The Alberta Court of Queen's Bench allowed the application and ordered the inmate to be released. The court held that mandatory supervision could not be suspended before release of an inmate on mandatory supervision.

See also Noonan v. National Parole Board (1983), 47 N.R. p. 221 (F.C.A.)

Criminal Law - Topic 5668

Punishments - Sentence - Imprisonment and parole - Parole - Mandatory supervision - Revocation or suspension - Gating - Parole Act, R.S.C. 1970, c. P-2, s. 16(1) - The Alberta Court of Queen's Bench held that the suspension of mandatory supervision could not be made before release of the inmate on mandatory supervision.

Cases Noticed:

R. v. McIntyre (1982), 44 N.R. 361, refd to. [para. 2].

Re Cardinal and Oswald and the Queen (1982), 67 C.C.C.(2d) 252, refd to. [para. 17].

Statutes Noticed:

Parole Act, R.S.C. 1970, c. P-2, sect. 12, sect. 15(1), sect. 15(2), sect. 16(1) [para. 9].

Authors and Works Noticed:

Harrap's New Shorter French and English Dictionary [para. 14].

Stroud's Judicial Dictionary (4th Ed.) [para. 12].

Termes de la Ley [para. 12].

Counsel:

P.J. Royal, for the applicant;

B. Saunders, for the respondents.

This case was heard at Edmonton, Alberta before McDONALD, J. of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on December 31, 1982.