Supreme Court of Canada reserves decision in case of Sask. jail policy

A sign marks the perimeter of the Regina Correctional Centre on Monday Aug. 25, 2008. THE CANADIAN PRESS/Troy Fleece

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.

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Federal penitentiaries require proof “beyond a reasonable doubt” that infractions occurred in order for disciplinary actions can be taken.

The defence argued that treating every individual disciplinary infraction the same as a criminal trial would negatively affect order within facilities and put a further burden on inmates.

“If these hearings were to become criminal trials, then there may actually be a greater impact on the inmates … then dealing with it quickly, swiftly and informally,” argued Crown Counsel Katherine Roy in her closing remarks.

Now that final arguments have been made, the decision will be reserved, meaning the judges will be taking some time to consider the matter before delivering the decision at a later date.