McLarty v. Canada
T-1764-96
Tremblay-Lamer J.
10/6/97
5 pp.
Application for judicial review of Kent Institution disciplinary chairperson's decision applicant unlawfully in possession of rusted and blemished shank discovered inside applicant's fan during routine drug search-In 1992, while incarcerated in Milhaven Institution, had been charged with being unlawfully in possession of shank hidden inside same fan-Applicant alleging when given back fan in 1995, same shank still inside-Chairperson did not believe explanation-Chairperson could not reasonably be satisfied guilt only reasonable inference to be drawn from facts in evidence-Chairperson entitled to disbelieve applicant's explanation but could not infer guilt on sheer speculation-In view of lack of evidence of applicant being in possession of shank, verdict patently unreasonable.