The Supreme Court of Canada has ruled a federal law passed in 2011 that retroactively abolished accelerated parole review for offenders who had already been sentenced violates a person's charter right not to be punished again.
Today's decision strikes down section 10(1) of the Abolition of Early Parole Act and means all those sentenced prior to March 28, 2011 may qualify for accelerated parole.
The case involves Christopher John Whaling, a Vancouver arms dealer who was convicted of three gun offences in September 2010. He was sentenced to four and a half years in jail.
Whaling became eligible for accelerated day parole, which allowed him to be released on parole after serving one-sixth of his sentence.
In March 2011, the federal government implemented a new law abolishing the accelerated day parole program.
Whaling then received a letter saying he was no longer eligible for the program.
He launched a constitutional challenge to the law and won his case in B.C. Court of Appeal and B.C. Supreme Court.
The federal government appealed the ruling to the Supreme Court.
Today, Canada's highest court dismissed the federal government's appeal.
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