PENITENTIARIES
Applicant, federal inmate suspected of ingesting intoxicant, asked by corrections officer on two occasions to provide urine samples under Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 40(1)—Applicant charged with two disciplinary offences after refusing to comply—Convicted on both charges by Independent Chairperson (ICP) at hearing—Proof that demand for urine sample based on reasonable grounds clear statutory pre‑condition for conviction—Here, ICP not providing such proof—Convictions therefore set aside—ICP also erred by drawing adverse inference from fact applicant failed to challenge legitimacy of demands until hearing—Nature of offence with which inmate charged not altered by whether inmate took early steps to ascertain basis of demand or set demand aside—Applications allowed.
Weir v. Canada (Attorney General) (T‑1333‑06, T‑1335‑06, 2007 FC 482, O'Reilly J., judgment dated 4/5/07, 13 pp.)