Schimmens v. Canada ( Attorney General )
T-65-98
Campbell J.
15/10/98
3 pp.
Application for judicial review of Bowden Institution institutional court decision convicting applicant of inmate offence contrary to Corrections and Conditional Release Act, s. 40(h)-Condition precedent before institutional court has jurisdiction to proceed with hearing of charge not met: Act, s. 41(1) creating obligation on institutional court member before hearing charge to investigate to be satisfied all reasonable steps have been taken to resolve matter informally, where possible-Member misapprehended meaning of Act, s. 41(1) and, as result, obligation created thereby not discharged-Application allowed-Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 40(h), 41(1).
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.