Laflamme v. Canada ( Correctional Service )
T-247-98
Pinard J.
14/7/98
5 pp.
Application for judicial review of Chairperson of Disciplinary Court of Drummond Institution's decision finding applicant guilty of disciplinary offence and imposing sentence of five days' detention with loss of privileges-Notification of charge alleging applicant in possession of stolen property, emergency light, found during search of cell-Charge brought pursuant to Corrections and Conditional Release Act, s. 40(i)-Relevant documentary evidence vague and not identifying which of offences referred to in notification "the disciplinary offence in question" for purposes of Act, s. 43(3)-Had recording provided for under Corrections and Conditional Release Regulations, s. 33 worked properly, Court could have made more informed finding on review both on issue of procedural fairness and on issue of disciplinary court's application of Act, s. 43(3)-"Serious possibility" of error regarding which lack of recording deprived applicant of grounds for applying for judicial review to which applicant entitled by virtue of rights to natural justice and procedural fairness and under Act-Application allowed-Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 40(i), 43(3)-Corrections and Conditional Release Regulations, SOR/92-620, s. 33.