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Picard v. Drummond Institution

T-1150-95

Pinard J.

6/12/95

7 pp.

Application for judicial review of decision by independent chairperson of disciplinary court of Drummond Institution finding applicant (inmate) guilty of refusing to provide urine sample demanded pursuant to Corrections and Conditional Release Act, s. 54(1) (taking intoxicants)-Application allowed-Demand for urine sample search within meaning of Charter, s. 8, subject to principles of fundamental justice (Charter, s. 7)-Both authorities and Act and Regulations made pursuant thereto requiring, in such cases, particulars be given as to nature of reasonable grounds to believe inmate committed offence (in instant case, taking intoxicants)-In case at bar, no particulars given-Applicant therefore unable to make representations to head-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 7, 8-Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 54, 56, 57-Corrections and Conditional Release Regulations, SOR/92-620, s. 25.

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