Digest: Forest v Saskatoon Correctional Centre, 2018 SKQB 49

• Date: February 05, 2018

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:

• Alberta (Information and Privacy Commissioner) v Alberta Teachers' Association, 2011 SCC 61, [2011] 3 SCR 654
• Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12, [2009] 1 SCR 339, 304 DLR (4th) 1
• Dunsmuir v New Brunswick, 2008 SCC 9, [2008] 1 SCR 190, 291 DLR (4th) 577, 229 NBR (2d) 1, 64 CCEL (3d) 1, 69 Admin LR (4th) 1
• Langlois v Canada (Attorney General), 2004 FC 702, 260 FTR 186
• Obeyesekere v Canada (Attorney General), 2014 FC 363, 453 FTR 9
• Peepeetch v Regina Provincial Correctional Centre, 2017 SKQB 348, 143 WCB (2d) 1
• Richer v Freeland, 2006 FC 1188, 300 FTR 249
• Savard v Canada (Attorney General) (1997), 1997 CanLII 16695, 128 FTR 271
• Veysey v Maplehurst Correctional Complex, 2006 CanLII 36619, 217 OAC 262