- Parties: The plaintiff was Kristen Marie Whaling (formerly known as Christopher John Whaling). The defendant was His Majesty the King.

- Subject Matter: In this certified class proceeding, the plaintiff moved under r. 220 of the Federal Courts Rules, SOR/98-106 for the determination of preliminary questions of law relating to the passage and implementation of certain provisions of the Abolition of Early Parole Act, 2011, which retrospectively removed access to accelerated parole review (APR) for first-time, non-violent federal penitentiary inmates who were held in custody beyond their APR release dates because of those provisions.

- Ruling: The court granted the plaintiff’s motion and declared the following: first, s. 28 of the International Transfer of Offenders Act, 2004 applied to Category C and D subclass members such that the Parole Board was not required to review them for APR day parole until six months after their date of transfer; second, the estate of a deceased class member in this action could claim damages under the Canadian Charter of Rights and Freedoms for violation of a s. 11(h) Charter right; and third, provincial estate statutes providing for an “alive as of” date prohibited or limited recovery of those Charter damages.

- Date: The hearing was set on June 5, 2023. The court released its decision on May 9, 2024.

- Venue: This was a federal case before the Federal Court.

- Amount: The court made no costs order.