A Surrey Pretrial centre inmate backed by the West Coast Prison Justice Society is challenging the provincial government香蕉视频直播檚 use of the balance of probabilities standard of proof in prison disciplinary hearings on grounds it violates the Canadian Charter of Rights and Freedoms.

Christopher Trotchie and the not-for-profit society maintain the government should require proof beyond a reasonable doubt.

Justice Karen Douglas rendered her on Oct. 27, in B.C. Supreme Court in Vancouver. She denied the government香蕉视频直播檚 application to strike the challenge, having found the plaintiffs香蕉视频直播� case is not destined to fail and should proceed to trial.

香蕉视频直播淭his action does not challenge the Act or the Regulation. Rather, it challenges administrative decision makers香蕉视频直播� use of the balance of probabilities standard of proof at prison inmate disciplinary hearings.香蕉视频直播�

At issue, Douglas noted, is whether using the balance of probabilities standard in prison disciplinary hearings deprives inmates of 香蕉视频直播渢heir liberty and security of the person in a manner that is contrary to the presumption of innocence.香蕉视频直播�

For its part, the provincial government submitted that using the balance of probabilities standard does not do this because presumption of innocence doesn香蕉视频直播檛 apply to correctional centre disciplinary hearings.

It argued that the rationale for presumption of innocence is to guard against wrongful convictions and submitted that this consideration is unique to criminal law but does not apply to inmate discipline, the judge noted.

The trial is set for Feb. 12.

香蕉视频直播淚 conclude it is not plain and obvious that the plaintiffs香蕉视频直播� claim is bound to fail. Accordingly, I decline to strike this claim,香蕉视频直播� Douglas decided.

Douglas also noted in her reasons that Trotchie has been imprisoned in several BC Corrections香蕉视频直播� institutions and has 香蕉视频直播渟ignificant experience with the Province香蕉视频直播檚 prison disciplinary regime.香蕉视频直播�