The Supreme Court of Canada ruled 6-3 that the Charter’s ss. 11(d) and 7 protections for the presumption of innocence apply to inmate disciplinary proceedings involving offences punishable by disciplinary segregation or loss of earned remission, striking down a Sask. regulation that permits the imposition of these penalties on a standard of balance of probabilities rather than proof beyond a reasonable doubt.
By Timothy Moore ( January 3, 2020, 2:58 PM EST) -- John Henry Wigmore once declared that a confession “carries a persuasion that nothing else does.” His admonition was illustrated recently in a Mr. Big case in New Zealand....