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.
Trial, appellate courts getting law on sentences wrong, part three | Moiz Karimjee
By Moiz Karimjee ( July 20, 2023, 11:08 AM EDT) -- This is the third part of a three-part series discussing the applicable principles to provide sentencing guidance to judges and lawyers. The previous instalments addressed:...