PENITENTIARIES |
Bailey v. Canada (Attorney General)
T-1642-00
2001 FCT 935, Lemieux J.
22/8/01
8 pp.
Application for judicial review of decision of Chairperson of Disciplinary Court of Cowansville Institution finding applicant guilty of possession of hashish, disciplinary offence under Corrections and Conditional Release Act, s. 40(i)--On May 1, 2000, applicant placed in administrative segregation for four days as suspected of being owner of contraband found in vicinity of contact visit room--Although officers testified that did not find narcotics on applicant and did not see him throw anything away, applicant nonetheless found guilty of offence charged--Not only must applicant be guilty beyond reasonable doubt but burden on Crown to prove guilt--Respondent acknowledged no direct evidence of possession by applicant and relied on circumstantial evidence of possession--Evidence submitted to prove applicant's guilt deficient--No evidence that narcotics on applicant's person or that applicant got rid of contraband found near door leading outside visiting area--Applicant did not have exclusive opportunity to commit act charged and therefore unreasonable to conclude guilty beyond reasonable doubt--Chairperson of Disciplinary Court committed error warranting intervention of Court--Application allowed--Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 40.