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 Clio Godkewitsch ( May 3, 2024, 12:29 PM EDT) -- Employment lawyers on both sides of a wrongful dismissal case are often stumped on how to deal with pensions in the course of litigation and for settlement purposes....