PENITENTIARIES
Judicial review of decision of Independent Chairperson (ICP), Millhaven Institution Disciplinary Tribunal applicant guilty of possessing contraband under Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 40(i)—After cell search conducted by Correctional Service of Canada (CSC) officer, white powdery substance found in applicant’s pants, identified as cocaine—ICP misconstruing reasoning in R. v. Jenkins (1996), 29 O.R. (3d) 30 (C.A.), but not equating meaning of proof beyond reasonable doubt solely to “moral certainty”—However erring when finding results of Narcotic Identification Kit satisfying CSC’s burden of proof beyond reasonable doubt—Application allowed.
Angou v. Canada (Attorney General) (T-272-06, 2006 FC 1462, Layden-Stevenson J., order dated 6/12/06, 13 pp.)