ADMINISTRATIVE LAW |
Judicial Review |
Certiorari |
Borglund v. Canada
T-1462-02, T-1463-02
2003 FC 952, Campbell J.
5/8/03
4 pp.
Judicial review of decisions by independent Chairperson convicting each applicant of disciplinary offence of possession of contraband contrary to Corrections and Conditional Release Act, s. 40(i)--Whether decisions of Chairperson made in error of law--For disciplinary offence of possession, criminal standard of proof applies in making determination--Proof must exist beyond reasonable doubt inmate had knowledge, control of contraband before finding of guilt can be made-- Inmates concerned admitted to control of articles containing contraband but denied knowledge of contraband itself-- Chairperson made no clear finding of credibility with respect to explanation each gave--Incumbent upon Chairperson to first make finding with respect to credibility of each applicant, then to decide whether all evidence proved guilt beyond reasonable doubt--To find guilt, incumbent on Chairperson to clearly determine whether evidence supported positive finding on each of two factors essential for conviction of possession, being knowledge of contraband, control of contraband--Both decisions made in error of law in that essential requirement of making finding of knowledge not accomplished--Applications allowed--Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 40.