Lake v. Canada ( National Parole Board )
T-564-92
Jerome A.C.J.
17/8/92
10 pp.
Application to quash warrant suspending parole -- Applicant declared dangerous sexual offender in 1966 -- Serving sentence of preventive detention -- Conditions of day parole including prohibition against contacting Millie Smalldon and entering Peel Region, located south of Highway 401 -- In course of duties as courier, went south of Highway 401 thereby offending parole condition -- Parole suspended -- At National Parole Board hearing becoming apparent allegations related to following of Ms Smalldon -- As first applicant hearing of this allegation, hearing adjourned -- Within few days applicant's counsel given copy of Smalldon's statement alleging being followed -- Application dismissed -- In prisoner's rights cases, Court frequently looking to determine whether prisoner advised of gist of allegations sufficient to defend against them, without endangering source of information -- Parole officer stating advised applicant of Smalldon's complaint when parole suspended, four weeks prior to Board hearing -- No denial of fairness -- Board could not force hearing to proceed in face of suggestion first notice applicant having of Smalldon's complaint -- Information provided within few days -- No merit to argument five-week delay before resumption of hearing causing loss of jurisdiction, particularly as no complaint of four-week delay between conversation with parole officer when allegations made known to applicant, and hearing.