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Dubé J. allowed the application and quashed the decision, asserting that it is clearly established that certiorari will issue to quash a decision of an inferior tribunal if that decision is made in the absence of any evidence to support it. It is also clear that the evidence must have some probative force that would tend to show the existence or the non-existence of the facts in issue. In this case, Dubé J. held that it was very difficult to find a link between the evidence adduced before the disciplinary court and the offence for which the inmate was charged. In other words, the inmate was charged with and convicted of having planned and done something deliberately for the very purpose of prejudicing the good order and discipline of the institution. There was no evidence of any such act carried out by the inmate. Dubé J. held that the Commissioner's Directive, in play in this case, imposing criminal law standards does not have the force of law, but it must be considered so as to determine whether or not there has been a breach of the duty of any tribunal to act fairly. The high standard set out in the CD was an indication of the views of the authorities of the penitentiary as to the degree of procedural protection to be extended to the inmates.
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