Van Duzen v. Canada

Abstract

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligation — Acts and omissions of State organs and officials — Connected with legislation — Canada — Parole Act 1970 — Forfeiture of parole subsequently abolished — Right of offenders to benefit retroactively from change of law providing lighter penalty — Whether loss of parole a penalty — Intemational Covenant on Civil and Political Rights, 1966, Article 15(1) — Optional Protocol — Communication submitted to United Nations Human Rights Committee

Treaties — Interpretation of — Principles and rules of interpretation — International Covenant on Civil and Political Rights, 1966, Article 15(1) — Interpretation by United Nations Human Rights Committee — Whether terms have autonomous meaning — Meaning of term “penalty” dependent on text and object and purpose of provision

The individual in international law — In general — Human rights and freedoms Criminal offences — Parole — Right of offenders to benefit retroactively from change of law reducing penalties — Interpretation of term ‘penalty’ — Whether including administrative and disciplinary penalties — Whether including parole — Whether author of communication has obtained benefit requested upon release on parole — International Covenant on Civil and Political Rights, 1966, Article 15(1) — Optional Protocol — United Nations Human Rights Committee — Interpretation of Covenant — Principles and rules of interpretation — Whether terms of Covenant have autonomous meaning