NCJ Number
37651
Journal
CRIMINAL LAW QUARTERLY Volume: 18 Issue: 4 Dated: (AUGUST 1976) Pages: 435-467
Date Published
1976
Length
33 pages
Annotation
THIS ARTICLE REVIEWS THE DISCUSSIONS OF THE CANADIAN SUPREME COURT CONCERNING JUDICIAL REVIEW OF REVOCATION DECISIONS OF THE NATIONAL PAROLE BOARD IN LIGHT OF THE COURT'S DECISION IN MITCHELL V THE QUEEN (1975).
Abstract
IN MITCHELL, THE COURT UPHELD THE PAROLE BOARD POSITION THAT IT IS NO WAY ACCOUNTABLE TO ANY COURT FOR ANY OF ITS ACTIONS DUE TO ITS CLASSIFICATION AS AN ADMINISTRATIVE, AS OPPOSED TO JUDICIAL, TRIBUNAL. IN AN EFFORT TO FIND A MEANS OF SUBJECTING THESE DECISIONS TO JUDICIAL REVIEW AND TO EXAMINE THE SCOPE OF REVIEW AFFORDED BY ANY SUCH MEANS, THE ARTICLE ANALYZES CURRENT METHODS OF REVIEWING PAROLE PROCEDURES, TRACES THE HISTORY OF HABEAS CORPUS, AND EXPLORES THE PRESENT SCOPE OF JUDICIAL REVIEW.