Episode 1: R. v. John Howard Society
John Howard Society of Saskatchewan v Saskatchewan (Attorney General)
When an inmate in a provincial correctional facility in Saskatchewan is charged with a disciplinary offence, the governing legislation requires the institutional authorities to determine, on a balance of probabilities, that the offence occurred in order to establish guilt. The John Howard Society of Saskatchewan asserts that employing this standard of proof violates s. 7 of the Charter. It submits that proof beyond a reasonable doubt is necessary to withstand constitutional scrutiny.
The Saskatchewan Court of Appeal disagreed. The Supreme Court of Canada granted leave to appeal to determine whether and to what extent the presumption of innocence operates as a principle of fundamental justice in non-criminal settings.