Jackson v. Stony Mountain Institution
T-2590-93
Rothstein J.
6/2/95
7 pp.
Judicial review of decision with respect to serious disciplinary offence allegedly committed while applicant inmate at federal penitentiary -- Applicant's lawyer absent from hearing as wrong date given -- Chairperson proceeding in order to accommodate shift schedule of officers -- Corrections and Conditional Release Regulations, ss. 25, 31(2) imposing on Correctional Service of Canada obligation to inform inmate of time, place, date of disciplinary hearing, allowing inmate to retain, instruct legal counsel, and allowing counsel to fully participate in hearing -- Although s. 31(2) not imposing obligation on Service to directly notify counsel of hearing date, if Service schedules hearing and assumes responsibility for notifying counsel, information given to counsel must be accurate -- Inferred from evidence Service undertaking obligation to notify counsel and incorrect information given -- On balance of probabilities Service not ensuring applicant's counsel permitted to participate in proceedings to same extent as applicant as required by s. 31(2) -- Condition precedent not having been met, hearing not properly constituted and decision quashed -- Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 40 -- Corrections and Conditional Release Regulations, SOR/92-620, ss. 25, 31 -- Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7.