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 Marco P. Falco ( February 6, 2025, 11:46 AM EST) -- The Ontario Court of Appeal has effectively applied the same test for parties wishing to seek permission, or “leave,” to appeal to the court in civil matters since 1972....