This case is a Charter challenge to the disciplinary process used in provincial prisons in Saskatchewan. When prisoners are accused of breaking institutional rules, they are given a hearing before being found guilty and having a penalty imposed. These penalties can be extremely harsh, including loss of earned remission (essentially prolonging the prison sentence) and placement in segregation. Despite these severe consequences, the standard of proof required to find a prisoner guilty of a disciplinary offence is the balance of probabilities, much lower than the criminal standard of beyond a reasonable doubt.

The John Howard Society of Saskatchewan has challenged this state of affairs, claiming that it violates the Charter’s section 7 rights to liberty and security of the person, and the presumption of innocence under section 11 (d).

The BCCLA is intervening in this case to ask the Supreme Court of Canada to clarify the relationship between section 7 and the other legal rights contained in sections 8-14 of the Charter. We argue that section 7 can provide just as much protection as sections 8-14, whether or not the latter sections apply in a particular case. In this way section 7 can fill any unintended gaps in the Charter’s legal protections.

Legal rights such as the right to counsel, the right to a fair hearing and the right to be free from cruel and unusual punishment need to be upheld regardless of the context.