Law360 Canada ( March 14, 2025, 12:15 PM EDT) -- Appeal by Appellant from judgment of the Saskatchewan Court of Appeal which affirmed a decision concluding that s. 68 of The Correctional Services Regulations, 2013 (Regulations) did not violate s. 7 of the Canadian Charter of Rights and Freedoms (Charter). In a Saskatchewan correctional facility, when an inmate was charged with a disciplinary offence, the governing legislation required the institutional authorities to determine, on a balance of probabilities, that the offence occurred in order to establish guilt. The Appellant submitted that this standard of proof violated s. 7 of the Charter because proof beyond a reasonable doubt was necessary to withstand constitutional scrutiny since inmates found guilty of a “major disciplinary offence” faced potential sanction including disciplinary segregation and loss of earned remission. The Appellant filed an originating application seeking an order declaring that s. 68 was of no force or effect. The application judge concluded that neither the nature of inmate disciplinary proceedings nor the severity of disciplinary segregation and loss of earned remission necessitated the heightened standard of proof and dismissed the application. The Court of Appeal found that a hearing regarding a disciplinary offence was not a criminal proceeding where proof beyond a reasonable doubt was required and dismissed the appeal. The Appellant now argued that s. 68 of the Regulations infringed ss. 7 and 11(d) of the Charter and asked the Court to overturn the case Shubley....