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PAROLE BOARD OF CANADA

APPEAL DIVISION
DECISION(S)

Name: BACON, JARROD FPS:

Institution : FILE NO :

• STATUTORY RELEASE REVOKED

STATUTORY RELEASE REVOKED REVOCATION 2018-02-21

CANCELLED
The Appeal Division is cancelling the decision to revoke your Statutory Release (SR) which was rendered on
September 14, 2017.

The Raie of the Appeal Division

The raie of the Appeal Division is to ensure that the law and the Board policies are respected , that the ru les of
fundamental justice are adhered to and that the Board's decisions are based upon relevant, reliable and persuasive
information .

The Appeal Division reviews the decision-making process to confirm that it was fair and that the procedural safeguards
were respected .

The Appeal Division has jurisdiction to re-assess the issue of risk to reoffend and to substitute its discretion for that of the
original decision makers, but only where it finds that the decision was unfounded and unsupported by the information
available at the time the decision was made.

Summary of Appeal Decision:

You have appealed the Parole Board of Canada (PBC) decision of September 14, 2017 , to
revoke your statutory release .

The Appeal Division has reviewed your file. Your submission , which is contained in your
appeal letter submitted by your lawyer, dated November 15, 2017, has been
considered .

ln amvmg at our decision to grant the appeal and cancel the Board' s decision with respect
to revocation of your statutory release , we have considered your grounds as submitted , and
have summarized them under the following heading:

Legal: Jurisdiction

Given that we have cancelled the Board ' s decision based on the above ground , we do not
find it necessary to address the other issues raised in your appeal submission.

Analysis of Grounds:

Legal: Jurisdiction

FPS: Name: BACON, JARROD

PBC 82 (96-02) OMS

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You submit that the Board acted without jurisdiction in your case. You state that your
file information indicated that you were serving a sentence of 7 years and 2 months
and that your sentence was actually 9 years and 2 months. You thus argue that you
should not have been in the community on statutory release as your eligibility date
was not February 11, 2017, but rather June 14, 2018, and by extension that you
should not have been revoked by the Board.

You argue that since your statutory release date was June 14, 2018, the Board had
no jurisdiction to render a decision revoking the statutory release you had benefited
from on February 11, 2017.

Mr. Bacon , the Appeal Division is cancelling the Board's decision for the following reasons:

Under paragraph 147(4) (d) of the Corrections and Conditional Release Act ( CCRA ), the
Appeal Division has jurisdiction to reverse , cancel or vary the decision .

ln the present matter, subsection 127(3) of the CCRA requires that an offender serve 2/3
of his sentence before being entitled to statutory release. Thus, it is only once this
condition is met that sections 128 and 135 of the CCRA become applicable.

ln your case, the required time to be served under subsection 127 (3) of the CCRA had not
been met when you were released. Whether the Board was aware of this error or not, your
statutory release was thus contrary to the CCRA , and was thus null ab initio as the Board's
jurisdiction could not have been triggered .

If an initial decision is null ab initio, as was the decision to release you on statutory release ,
it should be considered as if it never occurred and without any effect in law. Thus, any
subsequent administrative action that relies or depends on the validity of the initial decision
will also be null. Therefore , in the present case, the Board did not have the jurisdiction to
review your conduct while on statutory release under section 135 of the CCRA.

ln Lachance and The Queen , 22 CCC (3d) 119 (Ont S.C), the Court concluded that the
administrative error which allowed the offender to be unlawfully released created a
situation unfair to the accused. The Court found that it would have been contrary to
principles of fundamental justice protected by s. 7 of the Charter to require the offender to
serve a sentence that would have expired a month before the offender had been
committed as required in the first place.

For these motives, the Appeal Division is cancelling the Board's decision of September 14,
2017, to revoke your statutory release.

Conclusion:

For the reasons set out above, the Appeal Division grants the appeal and cancels the
Board's decision of September 14, 2017, to revoke your statutory release.

FPS: Name: BACON, JARROD File No:

PBC 82 (96-02) OMS

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.
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STATUTORY RELEASE REVOKED REVOCATION CANCELLED 2018-02-21

Board Member Votes

BRUCE, H REVOCATION CANCELLED 2018-02-21

DUBREUIL, S REVOCATION CANCELLED 2018-02-21

BRUCE, H Board Member Signature Date

DUBREUIL, S Board Member Signature Date

FP~. Name: BACON, JARROD File No:

PBC 82 (96-02) OMS

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