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A-1018-84
D. R. Yeomans, Commissioner of Corrections (Appellant) (Respondent)
v.
Murray Gaw (Respondent) (Applicant)
Court of Appeal, Thurlow C.J., Mahoney and Marceau JJ.—Vancouver, October 7, 1985.
Penitentiaries — Commission of inquiry appointed under s. 12 of Act to investigate allegations of criminal offences by Parole Office director — Inquiry relating to matters affecting operation of Correctional Service — Fact that inquiry involv ing consideration of allegations which, if true, may amount to criminal offences not turning inquiry into criminal proceeding — Appeal allowed — Penitentiary Act, R.S.C. 1970, c. P-6, s. 12.
Constitutional law — Charter of Rights — Appellant con vening inquiry into alleged criminal offences by Parole Office director Holding of inquiry not infringing any right guaran teed by Charter — Appeal allowed — Penitentiary Act, R.S.C. 1970, c. P-6, s. 12 — Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.).
COUNSEL:
W. B. Scarth, Q.C. for appellant (respon-
dent).
J. R. McMillan for respondent (applicant).
SOLICITORS:
Deputy Attorney General of Canada for appellant (respondent).
Campbell, Donegani & Wood, Victoria, for respondent (applicant).
The following are the reasons for judgment of the Court delivered orally in English by
THURLow C.J.: We are all of the opinion that the learned Trial Judge [[1984] 1 F.C. 904] erred in equating the inquiry authorized by the appellant under section 12 of the Penitentiary Act [R.S.C. 1970, c. P-6] with a criminal proceeding in respect of the matters set out in the convening order. In our view the inquiry convened by the appellant is one with respect to matters affecting the operation of the Correctional Service and the mere fact that
it involves consideration of allegations which, if true, would amount to criminal offences does not turn it into a criminal proceeding or one for the enforcement of the criminal law.
Further, the holding of such an inquiry, per se, will not necessarily infringe any right guaranteed to the respondent by the Canadian Charter of Rights and Freedoms [being Part I of the Consti tution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.)].
The appeal will be allowed with costs, the judg ment of the Trial Division will be set aside and the respondent's application will be dismissed with costs.
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