Applicant was convicted of first degree murder in 2003. Application under s 745.6 CC for reduction in parole ineligibility term. Judicial screening stage. Applicant argued that impending deportation meant his risk to re-offend in Canada was near zero and that cost savings to society of deportation vs keeping him in prison would increase the likelihood of success before a jury.
Held: Application dismissed.
Immigration consequences not relevant to ‘faint hope’ application. “As tempting as it may be from a pragmatic point of view to want to entertain the possibility of removing someone from our country who has been convicted of murder at the earliest opportunity, that is not a result that is consistent with what otherwise appears to be the objective of the narrow exception” in 745.6 CC: Gayle,  OJ No 4124. No substantial likelihood that a jury would recommend a reduction in ineligibility period.
P. Moreau – Defence Counsel