PENITENTIARIES |
Taylor v. Canada (Attorney General)
T-527-04
2004 FC 1536, Phelan J.
1/11/04
6 pp.
Judicial review of decision by independent chairperson that applicant, prisoner at Millhaven Institution, guilty of possession of "shank" contrary to Corrections and Conditional Release Act, s. 40(i) (possession of contraband)-- Chairperson's finding applicant's actual or constructive knowledge of shank irrelevant one of law, reviewable on standard of correctness--Act, s. 43 imposing burden of proof beyond reasonable doubt--Correct legal test for possession of contraband: proof that accused having knowledge, care, control of contraband beyond reasonable doubt--Actual knowledge usually established by inference from surrounding facts--Constructive knowledge legal test, not method of proof --Chairperson's statement thus incorrectly holding existence of two tests (actual, constructive)--Decision should be quashed on basis incorrect statement of law--Insufficient evidence to establish beyond reasonable doubt applicant knowingly had possession of shank--Application allowed-- Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 40(i).