A-1018-84
D. R. Yeomans, Commissioner of Corrections
(Appellant) (Respondent)
v.
Murray Gaw (Respondent) (Applicant)
Court of Appeal, Thurlow C.J., Mahoney and
Marceau JJ.—Vancouver, October 7, 1985.
Penitentiaries — Commission of inquiry appointed under s.
12 of Act to investigate allegations of criminal offences by
Parole Office director — Inquiry relating to matters affecting
operation of Correctional Service — Fact that inquiry involv
ing consideration of allegations which, if true, may amount to
criminal offences not turning inquiry into criminal proceeding
— Appeal allowed — Penitentiary Act, R.S.C. 1970, c. P-6, s.
12.
Constitutional law — Charter of Rights — Appellant con
vening inquiry into alleged criminal offences by Parole Office
director Holding of inquiry not infringing any right guaran
teed by Charter — Appeal allowed — Penitentiary Act, R.S.C.
1970, c. P-6, s. 12 — Canadian Charter of Rights and
Freedoms, being Part I of the Constitution Act, 1982, Schedule
B, Canada Act 1982, 1982, c. 11 (U.K.).
COUNSEL:
W. B. Scarth, Q.C. for appellant (respon-
dent).
J. R. McMillan for respondent (applicant).
SOLICITORS:
Deputy Attorney General of Canada for
appellant (respondent).
Campbell, Donegani & Wood, Victoria, for
respondent (applicant).
The following are the reasons for judgment of
the Court delivered orally in English by
THURLow C.J.: We are all of the opinion that
the learned Trial Judge [[1984] 1 F.C. 904] erred
in equating the inquiry authorized by the appellant
under section 12 of the Penitentiary Act [R.S.C.
1970, c. P-6] with a criminal proceeding in respect
of the matters set out in the convening order. In
our view the inquiry convened by the appellant is
one with respect to matters affecting the operation
of the Correctional Service and the mere fact that
it involves consideration of allegations which, if
true, would amount to criminal offences does not
turn it into a criminal proceeding or one for the
enforcement of the criminal law.
Further, the holding of such an inquiry, per se,
will not necessarily infringe any right guaranteed
to the respondent by the Canadian Charter of
Rights and Freedoms [being Part I of the Consti
tution Act, 1982, Schedule B, Canada Act 1982,
1982, c. 11 (U.K.)].
The appeal will be allowed with costs, the judg
ment of the Trial Division will be set aside and the
respondent's application will be dismissed with
costs.
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