'Reasonable doubt' applies to disciplinary punishments for Sask. inmates: Supreme Court
Halyna Mihalik | CBC News | Posted: March 17, 2025 9:00 PM | Last Updated: March 17
The current standard, a 'balance of probabilities,' infringes on inmates' rights, court rules
Inmates deserve a fair trial if they break the rules while incarcerated, the Supreme Court of Canada has ruled.
In a six-three judgment, the high court said Friday the standard of "proof of guilt beyond reasonable doubt" applies in such disciplinary hearings, rather than the current standard a "balance of probabilities," which means it must be more likely than not that the inmate committed the offence.
The court said such crimes need to be fairly evaluated amid claims that inmates have been punished for rules they had not broken.
The balance of probabilities standard of proof has been used in all disciplinary proceedings, including major offences. Inmates can face sanctions ranging from a fine to a loss of privileges such as using a phone or visiting the canteen, to segregation for up to 10 days or loss of up to 15 days of earned remission.
The John Howard Society of Saskatchewan challenged the regulations by taking the case to the top court against the Government of Saskatchewan.
The society said a final decision was needed to maintain good faith in the system.
"It's a system — which we argued at the Supreme Court — that doesn't really promote order, because if you feel like a system which is punishing you is unfair, you're probably not going to have a lot of respect for that system," Pierre Hawkins, a public legal counsel for the prisoner rights group, told CBC on Friday.
The society says the ruling is a revolutionary change in the way inmates' rights are administered.
"Ultimately, the court ruled that the presumption of innocence applies here," Hawkins said. "Guilt must be proven beyond a reasonable doubt before an inmate can be sentenced to segregation or a loss of earned remission, which really just pushes back their release date."
Hawkins says the ruling should lead to several long-term reforms in Saskatchewan's jail system.
In a statement to CBC, the provincial government said it's reviewing the implications of the decision with respect to major disciplinary offences.
However, the government claims the decision does not rule on the constitutionality of the civil standard of "the balance of probabilities" when it comes to minor disciplinary offences.