IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Finck v. Canada (National Parole Board), 2007 NSSC 11
Date: 20070110
Docket: S. Am. 267595
Registry: Amherst
Between:
Lawrence Ross Finck and
Carline Antonia Vanden Elsen
Applicants
v.
National Parole Board of Canada and
Correctional Service of Canada
Respondents
LIBRARY HEADING
Judge: The Honourable Justice Charles E. Haliburton
Heard: December 18, 2006 in Truro, Nova Scotia
Written Decision: January 10, 2007
Subject: Habeas Corpus and alleged error on the hearing of the parole applications
of the applicants.
Summary: Both parties allege that parole board unfairly denied their respective applications, and denied them access to the information/evidence to be considered by the board.
Issue: 1. Do the applicants have right to writ of habeas corpus?
2. Does the evidence persuade that the hearing failed to meet the test of “fairness”, in disclosure of reasons for denial of parole?
Result: New hearing ordered for Finck. Upon the conclusion that there was likelihood
of information known to parole board and not shared with inmate. Remedy denied to Vanden Elsen when it was not shown that information was denied her.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.