Inmate Discipline: Tiered Offences and Penalties

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The draft Regulation amending the Regulation under the Act respecting the Québec correctional system introduces an overhaul of the disciplinary framework governing correctional facilities in Québec. The central objective is to clarify how inmate discipline is categorized, processed, sanctioned, and reviewed, while reinforcing procedural fairness and operational consistency within correctional institutions.

A key structural change is the introduction of a formal distinction between minor and serious breaches of discipline. Minor breaches include behaviours such as disrespectful remarks, interference with facility operations, possession of unauthorized items, indecent acts in public spaces, and failure to comply with institutional rules or prior sanctions. Serious breaches encompass more severe conduct such as violence or threats, intimidation, damage to critical infrastructure or security systems, trafficking or introduction of contraband, bribery or attempted bribery of staff, participation in riots or uprisings, escape or attempted escape, and failure to comply with serious sanctions previously imposed.

The Regulation also revises how breaches are identified and processed. Correctional officers or other authorized personnel who become aware of a breach must either issue a warning or prepare a formal disciplinary report, depending on the severity and circumstances. The report must include detailed identifying information, a description of the alleged breach, classification as minor or serious, witness names if applicable, and any temporary measures taken. Temporary measures are limited to short-term interventions such as loss of privileges, confinement, or solitary confinement for up to 24 hours.

A restructured disciplinary committee system is established to ensure impartial hearings. The committee is required to examine each case fairly, with safeguards such as recusal of members involved in the incident and prioritization of cases involving inmates under temporary measures. The inmate must be informed of the allegations, allowed to present evidence and witnesses, cross-examine witnesses, and make submissions regarding sanctions.

Decision-making rules are formalized, requiring unanimity among committee members; if consensus cannot be reached, a new panel is convened, and ultimately a casting vote may be exercised by a designated authority. The Regulation also expands the criteria for determining sanctions, including aggravating factors, premeditation, inmate behaviour history, mental and physical health considerations, effects on victims and institutional order, and recognition of responsibility by the inmate.

Sanctions are now explicitly tiered. For minor breaches, penalties include reprimands, loss of privileges for up to seven days, limited community work, small financial restitution, short-term confinement, or solitary confinement up to two days. For serious breaches, sanctions are more severe and may include longer loss of privileges, increased restitution amounts, extended confinement or solitary confinement up to fifteen days, forfeiture or loss of remission credits, and other corrective measures.

Quebec (Draft) April 22, 2026
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.