A decision made by the Parole Board of Canada to refuse to grant an oral hearing and rely only on the written record to recommend laying criminal charges against the Applicant was found to have breached the principles of procedural fairness

23. October 2015 0
The Applicant, Ms. Gallone, successfully applied for judicial review in respect of a decision made by the Respondent Parole Board of Canada. The Parole Board had refused to grant an oral hearing and then relied on the written record to recommend the laying of a criminal charge against her. The Court held the Parole Board’s ...

The court declined to exercise its habeas corpus jurisdiction upon an application by an inmate in administrative segregation on the grounds that there were other alternative means by which the Applicant may have contested his detention

23. November 2004 0
Administrative law – Prisons – Discipline of inmates – Remedies – Habeas corpus – Alternative remedies Condo v. Bath Institution, [2004] O.J. No. 3760, Ontario Superior Court of Justice, September 14, 2004, Polowin J. The Applicant was serving a five-year prison sentence in a medium security institution. He had been placed in administrative segregation, pursuant to ...

An inmate (“Smith”) at the Fort Saskatchewan Correctional Centre (“FSCC”) succeeded in his application for judicial review of a decision by the Disciplinary Board which found that he had violated regulations by consuming marijuana. The court held that the Board’s failure to allow Smith to be represented by counsel was a breach of the principles of natural justice as the charge had serious consequences, was complex and Smith did not have sufficient capacity to properly represent himself at the hearing.

28. January 2003 0
Administrative law – Prisons – Discipline of inmates – Use of narcotics – Judicial review application – Right to legal counsel – Natural justice – Remedies – Habeas corpus – Standard of review – Correctness Smith v. Fort Saskatchewan Correctional Centre, [2002] A.J. No. 1472, Alberta Court of Queen’s Bench, November 28, 2002, Clackson J. Smith was an ...