#154 - Expanding The Presumption of Innocence to Immigration Law

Borderlines

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On March 14, 2025, the Supreme Court of Canada released its decision in John Howard Society of Saskatchewan v. Saskatchewan (Attorney General), 2025 SCC 6.

Prior to the case, in Saskatchewan’s provincial correctional institutions, inmates charged with disciplinary offences had to appear before a disciplinary panel, where the standard of proof was a balance of probabilities, even for major offences that may result in up to 10 days of disciplinary segregation or the loss of up to 15 days of earned remission.

The Supreme Court found that this violated sections 7 and 11(d) of the Charter, and held that to the extent that the law permitted the imposition of disciplinary segregation and loss of earned remission for an inmate disciplinary offence on a lower standard of proof, it is inconsistent with the Constitution and must therefore be declared to be of no force or effect.

As noted by the dissent, the case could have implications for Canadian immigration law.

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