Changes to Inmate Disciplinary Process
Saskatchewan Regulations 49/2026, made under the The Correctional Services Act, 2012, introduce significant amendments to the province’s correctional disciplinary framework. The Correctional Services Amendment Regulations, 2026 modernize procedures for inmate discipline, clarify the roles of decision-makers, strengthen procedural fairness, and establish more detailed requirements for hearings, evidence, appeals, and temporary confinement.
One of the key amendments establishes a limit on temporary confinement. New section 39.1 provides that, for the purposes of the Act’s temporary confinement provisions, an inmate may be ordered to remain temporarily confined for a maximum of 16 hours. This creates a defined statutory limit intended to provide consistency and prevent excessive use of temporary confinement measures.
The regulations also revise the terminology and structure governing disciplinary offences. New section 50 introduces definitions for “charge,” “major disciplinary offence,” and “minor disciplinary offence,” creating clearer distinctions between different levels of disciplinary proceedings. Several references throughout the regulations are updated to reflect amendments to the underlying Act, including replacing outdated references to sections 71 and 72 with references to sections 70 and 71.
A major change involves the appointment of hearing adjudicators. The regulations prescribe certain justices of the peace as hearing adjudicators for the purposes of section 69 of the Act. This replaces previous references to discipline panels and creates a more formalized adjudication process. Throughout the regulations, references to discipline panels are replaced with hearing adjudicators or disciplinary hearing officers, depending on whether the matter involves major or minor disciplinary offences.
The regulations establish clearer procedures when disciplinary matters may also involve criminal investigations. Where reasonable grounds exist to believe an offence has been committed, the director may refer a disciplinary charge to police and must document the police response. If a matter is referred to police, disciplinary proceedings may be suspended until the investigation or prosecution is resolved. For major disciplinary offences, proceedings must be discontinued if a court ultimately acquits or convicts the inmate of a related offence after all appeal periods have expired.
New hearing procedures emphasize timely and fair resolution. Disciplinary hearings must occur as soon as reasonably practicable after an inmate receives written notice of a charge. Hearings involving inmates placed in administrative segregation because of the alleged conduct must receive priority. Where multiple charges arise from the same incident or uninterrupted sequence of actions, they must generally be heard together. If major and minor charges are combined, the matter must be heard by a hearing adjudicator.
Saskatchewan (49/2026) July 22, 2026
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.
