Savard v. Canada (Procureur général), (1997) 128 F.T.R. 271 (TD)

• Judge: Pinard, J.
• Court: Federal Court (Canada)
• Case Date: January 22, 1997
• Jurisdiction: Canada (Federal)
• Citations: (1997), 128 F.T.R. 271 (TD)

Savard v. Can. (P.g.) (1997), 128 F.T.R. 271 (TD)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

....................

Ronald Savard (requérant) v. Le Procureur général du Canada (imtimé)

(T-631-96)

Indexed As: Savard v. Canada (Procureur général)

Federal Court of Canada

Trial Division

Pinard, J.

January 28, 1997.

Summary:

The independent chairperson of the Cowansville Institution disciplinary tribunal found Savard guilty pursuant to s. 40(l) of the Corrections and Conditional Release Act of refusing to provide a urine sample as required by s. 54(a) of the Act. Savard applied for judicial review of the decision.

The Federal Court of Canada, Trial Division, allowed the application, quashed the decision and referred the matter back to the tribunal to be decided on the basis that Savard could not be found guilty of the offence charged because the notice of charge was not issued in full compliance with s. 25 of the Corrections and Conditional Release Regulations.

Prisons - Topic 1551

Discipline - Inmates - Offences - Refusing to provide mandatory or random urine sample - The independent chairperson of the Cowansville Institution disciplinary tribunal found Savard guilty pursuant to s. 40(l) of the Corrections and Conditional Release Act of refusing to provide a urine sample as required by s. 54(a) of the Act - The Federal Court of Canada, Trial Division, quashed the decision where there was a flagrant breach of s. 25 of the Corrections and Conditional Release Regulations as the notice of charge contained no "summary of the evidence to be presented in support of the charge at the hearing" - The court held that the breach was fatal.

Prisons - Topic 1602

Discipline - Inmates - Disciplinary hearing - Procedure - Notice - [See Prisons - Topic 1551 ].

Cases Noticed:

Picard v. Tribunal disciplinaire d'l'établissement Drummond (Président) (1995), 107 F.T.R. 1 (T.D.), refd to. [para. 4].

Martineau and Butters v. Matsqui Institution Inmate Disciplinary Board, [1978] 1 S.C.R. 118; 14 N.R. 285, refd to. [para. 5].

Statutes Noticed:

Corrections and Conditional Release Act Regulations (Can.), Corrections and Conditional Release Regulations, sect. 25 [para. 4, footnote 4].

Corrections and Conditional Release Regulations - see Corrections and Conditional Release Act Regulations (Can.).

Counsel:

Jean-Sébastien Clément, for the applicant;

Eric Lafrenière, for the respondent.

Solicitors of Record:

Jean-Sébastien Clément, Montréal, Quebec, for the applicant;

George Thomson, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard on January 22, 1997, at Montréal, Quebec, before Pinard, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on January 28, 1997.