PENITENTIARIES |
Faucher v. Canada (Attorney General)
T-343-02
2003 FCT 452, Tremblay-Lamer J.
17/4/03
6 pp.
Judicial review of decision by chairperson of disciplinary court (chairperson) finding plaintiff guilty of disciplinary offence mentioned in Corrections and Conditional Release Act (the Act), s. 40(l)--Plaintiff inmate at Archambault Institution --On December 17, 2001 correctional officer Cloutier required him to provide urine sample--Plaintiff asked officer for permission to call lawyer to see whether urine samples could show presence of DNA that might be used against him in other cases--Officer denied request--Disciplinary hearing held before independent chairperson of Archambault Institution disciplinary court and plaintiff found guilty of offence with which charged--Plaintiff argued court erred in finding plaintiff guilty when he had proposed informal resolution of situation--Not function of discplinary court chairperson to inquire into merits of decision to lay disciplinary charge against inmate, but of institutional head of penitentiary in accordance with power conferred on him by Act, s. 41(2)--Function of person conducting hearing, here chairperson, to hold hearing to determine whether inmate guilty beyond reasonable doubt of disciplinary offence for which he has received offence notice, not to decide whether charge should have been laid--No express provision in Act or Regulations that chairperson should assume role of institutio-nal head and decide whether circumstances favoured informal resolution--Application for judicial review dismissed-- Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 40(l), 41(2).