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Superior Court grants costs to suspended offender held past new statutory release date

In an endorsement dated May 3rd, 2018, a judge of the Superior Court of Justice granted costs to the applicant in Dupuis v Attorney General of Canada, a habeas corpus application.

The applicant was released on parole, but it was later suspended. Accordingly, she was taken back into custody to await a post-suspension hearing. The Parole Board of Canada failed to schedule a post-suspension hearing before the applicant’s new statutory release date. The applicant brought a habeas corpus application, arguing that the failure to hold a post-suspension hearing prior to her new statutory release date amounted to a deprivation of liberty.

While the judge did not grant a writ of habeas corpus, the Attorney General of Canada undertook to have a post-suspension hearing for the applicant on May 7th, 2019. The court also granted costs of $10,000 to the applicant.

 

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