Dealing further with s. 11(d) of the Charter, as will be noted, s. 11 commences "Any person charged with an offence has the right". The important factor is the term "offence". I do not believe an inmate disciplinary offence is included in the term "offence" as set out in s. 11(d). The very fact that s. 11(d) refers to the presumption of innocence until proven guilty according to law "in a fair and public hearing by an independent and impartial tribunal" (emphasis added) is inconsistent with an inmate disciplinary hearing before an inmate disciplinary board. It is not a court. It is a tribunal discharging what is essentially an administrative task and is not a judicial proceeding requiring the observance of procedural and evidentiary rules in a court of law subject, none the less, to a duty of fairness to the person aggrieved, paraphrasing what Dickson J. stated in Martineau v. Matsqui (No. 2), supra.
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