Saskatchewan revised inmate discipline rules following a Supreme Court ruling, raising the burden of proof for major offences to beyond reasonable doubt
Saskatchewan Changes Correctional Services Act Following Supreme Court Ruling
The Saskatchewan government has amended the provincial Correctional Services Act. This change reflects a ruling by the Supreme Court of Canada about the burden of proof in inmate disciplinary hearings.
In March, the Supreme Court made its decision after the John Howard Society of Saskatchewan challenged the province’s regulations as unconstitutional.
Previously, a discipline panel needed to be “satisfied on a balance of probabilities” that an inmate committed an offence. This means it had to be more likely than not that the inmate was guilty.
Now, under changes passed on December 18, 2025, a discipline panel must be “satisfied beyond a reasonable doubt” for a “major” disciplinary offence. This is a higher standard of proof.
Disciplinary offences classified as “minor” still follow the balance of probabilities standard. The act does not specify which offences are major or minor.
Sanctions for inmates can include fines, loss of privileges, or segregation.
The John Howard Society argued that inmates should face “severe deprivations of liberties” only if the institution proves, to a higher degree of certainty, that they broke the rules.
The case reached the Supreme Court after the John Howard Society’s initial application was dismissed in Saskatchewan Court of Queen’s Bench in 2021. The provincial Court of Appeal denied its appeal in 2022.
In a statement, the province said the updates to the regulations aim to ensure that “disciplinary processes continue to align with constitutional requirements and evolving legal standards.”
The Ministry of Community Safety will work with justices of the peace to implement the changes over the next several months.
Summary of Changes to the Correctional Services Act
| Aspect | Previous Standard | New Standard |
|---|---|---|
| Major Offences | Balance of probabilities | Beyond a reasonable doubt |
| Minor Offences | Balance of probabilities | Balance of probabilities |
| Sanctions | Fines, loss of privileges, segregation | Fines, loss of privileges, segregation |
