Pickard v. Independent Chairperson, Mountain Institution Disciplinary Court
T-2320-93
Strayer J.
8/3/94
5 pp.
Application for judicial review of Disciplinary Court's decision finding applicant guilty of being in possession of unauthorized item contrary to Corrections and Conditional Release Act, s. 40(j), i.e. tobacco not brought in within thirty days of admission, not purchased through prison canteen-In finding if applicant had purchased tobacco pouches from canteen, fairness required firsthand evidence-Hearing not conducted fairly-Chairperson too casual in way supposed proof obtained-If evidence depended on records kept in regular course of business in canteen, records should have been produced by someone who could identify them and answer questions-Precision in stating accusation and conclusions of tribunal important for appearance and reality of fair procedure and intellectual integrity of final decision-Disciplinary Court's decision quashed and matter referred back for re-hearing-Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 40(j).