| The Federal Court Trial Division granted the application for judicial review setting aside the acquittal and referred the matter back for re-determination. Tremblay-Lamer J. was of the view that despite the fact that some of the information on the report was not translated, the inmate was fully made aware of what the allegations were and the nature of the evidence against him and was afforded a reasonable opportunity to respond to the evidence and to give his version of the matter. Further, the inmate or his legal counsel never complained or raised the issue upon signing the Inmate Offence Report or during the disciplinary hearing. Thus, Tremblay-Lamer J. found that the independent chairperson erred by acquitting the inmate of the charge laid against him on the sole ground that some of the information appearing on the Inmate Offence Report and Notification of Charge had not been translated in English. |
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