John Howard Society of Saskatchewan v. Government of Saskatchewan (Attorney General for Saskatchewan) (Day 2/2) (40608)

When an inmate is charged with a disciplinary offence in a Saskatchewan provincial correctional centre or remand centre, s. 68 of The Correctional Services Regulations requires the institutional authorities to determine, on a balance of probabilities, that the inmate committed that offence in order to find them responsible. Some of the penalties imposed may deprive inmates of their liberty as that term is used in s. 7 of the Charter. The John Howard Society of Saskatchewan sought an order declaring that s. 68 of the Regulations is contrary to s. 7 of the Charter as it does not require proof beyond a reasonable doubt. The Court of Queen’s Bench of Saskatchewan dismissed the application, holding that s. 68 of the Regulations does not violate s. 7 of the Charter. The Court of Appeal dismissed the appeal.

Argued Date

2024-10-09

Keywords

Charter of Rights — Right to liberty — Fundamental justice — Inmate discipline hearings — Whether the Court of Appeal erred in law in concluding that provincial legislation mandating that inmate discipline hearings operate on a balance of probabilities complies with s. 7 of the Charter — Whether and to what extent the presumption of innocence operates as a principle of fundamental justice in non-criminal settings — The Correctional Services Regulations, 2013, R.R.S. c. C-39.2 Reg 1, s. 68.

Notes

(Saskatchewan) (Civil) (By Leave)

Language

English Audio

Disclaimers

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