Digest: Forest v Saskatoon Correctional Centre, 2018 SKQB 49

Date:February 05, 2018
 
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Reported as: 2018 SKQB 49

Docket Number: QB17422 , QBG 1306/17 JCS

Court: Court of Queen's Bench

Date: 2018-02-05

Judges:

  • Konkin

Subjects:

  • Administrative Law � Procedural Fairness

Digest: The applicant sought judicial review of an appellate decision made by the director of a correctional center. The director upheld the decision of a disciplinary panel which found the applicant guilty of disobeying a lawful order of a staff member.
HELD: The court quashed the decision of the director and ordered that he rehear the matter in accordance with the law. The Correctional Services Regulations require that a notice of charge contain a summary of evidence. The notice of charge against the applicant provided a description of the contravention but did not provide a sufficient summary of the evidence. This interfered with the applicant�s ability to prepare his defence and amounted to a denial of procedural fairness.

Statutes Considered:

  • Correctional Services Act, 2012, SS 2012, c C?39.2, s 73

Federal Statutes Considered:

  • Corrections and Conditional Release Regulations, SOR/92?620, s 25
  • Corrections and Conditional Release Regulations, SOR/92?620, s 25(1)(a)

Regulations Considered:

  • Correctional Services Regulations, 2013, RRS c C?39.2 Reg 1, s 54(2)(p)
  • Correctional Services Regulations, 2013, RRS c C-39.2, Reg 1, s 56
  • Correctional Services Regulations, 2013, RRS c C-39.2, Reg 1, s 56(1)(a)
  • Correctional Services Regulations, 2013, RRS c C-39.2, Reg 1, s 56(1)(b)

Federal Regulations Considered:

  • Corrections and Conditional Release Act, SC 1992, c 20

Rules Considered:

  • QB Rule 3-61(1)

Cases Considered:

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