CCLA granted leave to intervene at Supreme Court of Canada to Ensure Fairness and Impartiality at Inmates’ Disciplinary Hearings

TORONTO —  Harini Sivalingam, Director of the Equality Program of the Canadian Civil Liberties Association, made the following statement:

The Canadian Civil Liberties Association has been granted leave to intervene at the Supreme Court of Canada in the case of John Howard Society v Saskatchewan. This case arises from a constitutional challenge brought by the John Howard Society of Saskatchewan regarding the standard of proof in prison disciplinary hearings in the province of Saskatchewan.

The CCLA is intervening in this case at the Supreme Court of Canada to ensure that inmates charged with disciplinary offences have access to fair and impartial proceedings.  Sanctions meted out for disciplinary offences have a significant impact on the rights of inmates and call for a higher burden of proof than a mere balance of probability. The CCLA will argue that a higher burden of proof is required to mitigate the lack of independence that results from the very structure of inmate disciplinary hearings, as well as the systemic bias against incarcerated persons in general and marginalized groups in particular within the correctional system.

The CCLA is grateful to be represented pro bono on this intervention by Alexa Biscaro and Erika Anschuetz of Norton Rose Fulbright LLP.