A Surrey Pretrial centre inmate is challenging the provincial government's use of the balance of probabilities standard of proof in prison disciplinary hearings, arguing that it violates the Canadian Charter of Rights and Freedoms.
A Surrey Pretrial centre inmate backed by the West Coast Prison Justice Society is challenging the provincial government’s use of the balance of probabilities standard of proof in prison disciplinary hearings on grounds it violates the Canadian Charter of Rights and Freedoms.
Justice Karen Douglas rendered her reasons for judgment on Oct. 27, in B.C. Supreme Court in Vancouver. She denied the government’s application to strike the challenge, having found the plaintiffs’ case is not destined to fail and should proceed to trial. At issue, Douglas noted, is whether using the balance of probabilities standard in prison disciplinary hearings deprives inmates of “their liberty and security of the person in a manner that is contrary to the presumption of innocence.”
Canadian Charter Of Rights And Freedoms Legal Inmate Prison Disciplinary Hearings
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