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Canada Case Law

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Administrative law 2004 FC 1536

Taylor v. Canada (Attorney General)

The Federal Court held that possession of prison contraband requires proof of knowledge, care and control beyond a reasonable doubt and quashed the disciplinary decision.

  • Possession of contraband
  • Knowledge requirement
  • Standard of review
  • Burden of proof beyond a reasonable doubt
  • Judicial review
  • Judicial-review
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Administrative law 2004 FC 702

Langlois v. Canada (Attorney General)

Federal Court judicial review of two prison disciplinary convictions: one set aside for defective notice and lack of natural justice, the other for patently unreasonable reasonable-grounds findings.

  • Natural justice
  • Disciplinary proceedings
  • Searches of cells
  • Urinalysis
  • Reasonable grounds
  • Judicial review
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Corrections and conditional release act 2003 FCT 452

Faucher v. Canada (Attorney General)

The Federal Court dismissed judicial review of a prison disciplinary conviction, holding the chairperson need only decide guilt and not review the charge-laying decision.

  • Disciplinary proceedings
  • Jurisdiction to lay charges
  • Grievance procedure
  • Judicial review
  • Standard of proof
  • Judicial-review
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Administrative law 2001 FCT 1396

Ross v. Canada

Federal Court dismissed an inmate’s judicial review of a minor prison disciplinary decision, finding procedural fairness was met and any error was technical and non-prejudicial.

  • Procedural fairness
  • Natural justice
  • Disciplinary hearings
  • Grievance procedure
  • Penitentiary rules and permits
  • Procedural-fairness
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Administrative law 2001 FCT 1346

McCoy v. Canada (Attorney General)

Judicial review of a prison disciplinary finding was dismissed after the Court held the inmate’s words, in context, objectively amounted to a threat under s. 40(g).

  • Disciplinary offence under s.40(g)
  • Threats
  • Judicial review
  • Evidence sufficiency
  • Statutory interpretation
  • Reasonable person standard
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.