Accelerated Parole Review (“APR”) - Rice Parsons Leoni and Elliott LLP

Skip to content

About Us
- About Us
- Team
Service Areas
Results
Insights
Contact Us

About Us
- About Us
- Team
Service Areas
Results
Insights
Contact Us

class action claims

Accelerated Parole Review (“APR”)

Rice Parsons Leoni & Elliott LLP is advancing two related class action lawsuits against the Government of Canada (known formally as “His Majesty the King”) which seek Charter damages on behalf of first-time, non-violent federal prisoners whose eligibility for accelerated parole review (APR) was removed by the retroactive provisions of the Abolition of Early Parole […]

CLAIM DETAILS

Rice Parsons Leoni & Elliott LLP seeks to recover Charter damages for all first time, non-violent federal offenders who were held in custody beyond their accelerated parole review (APR) release dates solely as a result of the application of provisions of the Abolition of Early Parole Act, SC 2011, c 11 [AEPA], which retroactively removed their eligibility for APR. The unconstitutionality of those provisions has already been conclusively established by the courts.

If you were deprived of your liberty and suffered other losses as a result of the retroactive removal of your APR eligibility, our class action team is available to try to assist you in seeking compensation. Complete the form below to subscribe to our database and receive all updates and notices regarding this class action.

CURRENT STATUS

A summary trial of the core issues in these claims will be heard at a date to be set by the court in the summer/fall of 2026. Among other things, the summary trial will determine whether s.10(1) of the Abolition of Early Parole Act was “clearly unconstitutional” in the sense described in Canada (Attorney General) v. Power, 2024 SCC 26, such that Canada’s limited immunity from liability for Charter damages for the enactment of unconstitutional legislation does not apply in this case.

Previous update:

Both of these actions have been certified as class proceedings (2020 FC 1074 (CanLII) | Whaling v. Canada | CanLII.) The Government of Canada’s appeal of the certification of both actions was dismissed by the Federal Court of Appeal (2022 FCA 37 (CanLII) | Canada v. Whaling | CanLII). A trial of a number of preliminary questions of law was heard on March 23, 2023. The Federal Court released its decision on the preliminary questions of law on May 9, 2024 (2024 FC 712 (CanLII) | Whaling v. Canada | CanLII). The Government of Canada has appealed this decision. The appeal is not yet scheduled but is likely to be heard in late 2024.

DOCUMENTS

Please see the latest versions of the statements of claim for more information about the class actions:

Whaling action – Second Further Amended Statement of Claim.
Kabutey action – Third Further Amended Statement of Claim.

FORM

Please enable JavaScript in your browser to complete this form.

First and Last Name *

Email *

Phone *

Address *

City/Town *

Province or Territory *

Postal Code *

Date of Birth *

Was the date on which you received the sentence for your offence before or after March 28, 2011? *

Did you plead guilty to the offence(s) for which you were sentenced? *

What was your APR day parole eligibility date?

On what date were you ultimately released from prison?

When you were ultimately released from prison, what was the nature of that (first) release

Was your release suspended or revoked at any point?

If so, when and for how long were you reincarcerated?

If you returned to work after your release from prison, in what occupation(s) did you work?

Other Coments

Consent *

I provide my consent and agree herein to receive communications from RPLE LLP, which may include announcements regarding class actions, practice updates, newsletters, publications, event invitations or other information that may be of interest. I understand that I can unsubscribe to these emails at any time. I understand that some of the personal information that I provide may be stored or processed outside of British Columbia and/or Canada, on a US server, and will be kept confidential, subject to the potential that a foreign state may seek to access the data for “lawful access” purposes. If you have any questions about RPLE’s policies and practices regarding service providers outside Canada, or about the collection, use, disclosure or storage of personal information by the service providers outside Canada, please contact reception@rplelaw.com.

Custom Captcha *

=

Note: You are not obliged to fill in this form to participate in this class action. If you choose to do so, you are not retaining RPLE LLP to act on your behalf. Providing the information requested does not make you a client of RPLE LLP. All information submitted will be treated as confidential and will only be released as required by law or as you may consent. I provide my consent and agree herein to receive communications from RPLE LLP, which may include announcements regarding class actions, practice updates, newsletters, publications, event invitations or other information that may be of interest. I understand that consent to receive these electronic communications may be withdrawn at any time by emailing reception@rplelaw.com.

Mike was recommended to me for my auto injuries. When he took me on as a client, I came away from the initial meeting feeling totally comfortable with my choice. Mike put me at ease and laid out a game plan. His supporting team were gracious, respectful and great to deal with as well. I could always reach Mike or his associates either through emails, phone calls, or if necessary, in person. Mike was very thorough and helpful as he guided me along my journey especially during the ‘discovery’ stage then final negotiations. I always felt I was in good hands with Mike and a positive outcome would result. He was caring, diligent and a tough negotiator. A great person and firm to have in your corner.

Al Harness5 STARS | PAST CLIENT

John and the RHE team not only completely delivered on my expectations, but they were also diligently there for me through the entire 3-year process of my case. At conclusion, I feel that while I was put in one of life's most challenging situations, one of the first thing that went right for me from that moment was picking this law firm. I am grateful, absolutely pleased with this outcome and would recommend everyone and anyone here if they are in a personal injury case.

Vanessa Goluboff5 STARS | PAST CLIENT

I consulted with Mallory Hogan regarding a complex medical issue affecting my family. While litigation ultimately wasn’t the right path, Mallory was incredibly compassionate, thoughtful, and clear in explaining the legal realities and appropriate next steps. I felt genuinely heard and supported throughout the process, and I appreciated her honesty and professionalism.

Leeya Schachter5 STARS | PAST CLIENT

I had the pleasure of dealing with John Rice and Kendal Paul at this firm. I would highly recommend them both. They were kind, knowledgeable and efficient. I worked in the legal industry for years and was very impressed with the whole team. The Senior Paralegal Sophie Gourdine was very helpful and efficient as well. Thank you for all that you did to help resolve my issue.

Joanne Benoit5 STARS | PAST CLIENT

We have found RHE to be very understanding, compassionate, and professional. We were recommended by others in the field, who said, “these are my go to lawyers”, and we heartily second that opinion. We cannot recommend RHE enough. If you want some advice, please don’t consider going somewhere else. We have a line up of friends who say that when they need a lawyer they will be asking us as they see we have nothing but good to say about RHE. This may seem like an over the top recommendation but this truly has been our experience. Thank you RHE.

LR Cannonized5 STARS | PAST CLIENT

I can’t express how grateful I am for John Rice, Jesse Kendall and their team. My ICBC case lasted many years, and there were plenty of moments where the process felt overwhelming but they were the steady, reassuring constant throughout it all. They listened, advocated for me, and made sure I never felt like I was navigating it alone. From start to finish, they were professional, patient, and incredibly thorough. They communicated clearly, explained every step, and always made sure I understood my options. Their compassion and commitment truly set them apart. In the end, their hard work led to an outcome that exceeded my expectations and has genuinely changed my life. I’m deeply thankful for their support and would recommend them without hesitation to anyone needing a strong, reliable, and caring legal team.

Brooke Klamut5 STARS | PAST CLIENT

Tony Leoni and all the staff at RHE law are absolutely incredible. They all work extremely hard to be able to support, advocate and resolve in a timely and professional manner. After being involved in multiple MVA’s, Tony and his team went above and beyond to support me through the difficult time. Throughout this entire process they never made me feel less than or an inconvenience and always treated me with the up most respect and dignity. I highly recommend Tony, all his colleagues and staff at RHE Law to take on all your legal battles and fight for what you deserve because they see YOU and what you’re going through, not just a dollar figure.

E5 STARS | PAST CLIENT

Rice Parsons Leoni and Elliott LLP

Linkedin Instagram Facebook-f Twitter

Menu

HOME
ABOUT US
TEAM
CLASS ACTIONS
PERSONAL INJURY
INSURANCE DENIALS
USA CROSS BORDER CLAIMS
RESULTS
INSIGHTS
CONTACT US
PRIVACY POLICY

Get In Touch

E info@rplelaw.com
P 604.682.3771
F 604.682.0587

© 2026 All Rights Reserved. DISCLAIMER: The information contained on this site should not be treated as a substitute for legal counsel.