The Justices of Canada’s Supreme Court are deliberating a case brought forward by the John Howard Society of Saskatchewan, challenging practices by the province’s correctional system.
As the final day of proceedings wrapped up, one topic spoken to at length was the severity of offences and how they correlate with the severity of punishment.
Currently, these factors are left at the discretion of corrections officers on duty. When inmates are accused of an offence – it only needs to be proven more likely than not before action can be taken.
This standard, used by provincially run correctional institutions in Saskatchewan, is known as “balance of probabilities.” It differs greatly from the standards used by Correctional Services Canada.
Federal penitentiaries require proof “beyond a reasonable doubt” that infractions occurred in order for disciplinary actions can be taken.
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