The BCCLA is supporting Mr. Latimer’s administrative appeal of the National Parole Board’s decision to deny him day parole. Mr. Latimer initiated the administrative appeal process yesterday, December 18, 2007, by requesting production of the full record of proceedings.
At issue on the appeal is the fairness of the decision of the Parole Board, which has the
specific duty, as set out in the Corrections and Conditional Release Act, to impose the “least restrictive determination consistent with the protection of society”.
The BCCLA believes that the Board gave incorrect weight to considerations of Mr. Latimer’s state of thought and emotion, rather than to the professional assessments of his risk to society in the particular circumstances of day parole.
Further, it appears that the Board did not direct its attention to the decision of the Supreme Court of Canada that Mr. Latimer’s sentence was purely denunciatory, and that “rehabilitation, specific deterrence, and protection are not triggered for consideration.”
John Dixon, a spokesperson for the BCCLA said today: “This isn’t an appeal of Latimer’s
conviction, and it isn’t an appeal of his sentence. It is a focused appeal, on basic principles of administrative law, of the fairness – and hence legality – of the Parole Board’s decision.”
Mr. Robert Latimer has retained Jason Gratl as counsel for the purpose of appealing the
recent denial of his application for day parole. Mr. Gratl, the volunteer president of the
B.C. Civil Liberties Association, will be acting as privately retained counsel, supported and assisted by the BCCLA.
Media Contact: John Dixon at 604-788-6634