On June 5, 2026, the Protecteur du citoyen sent a letter to the Minister of Domestic Security. It commented on the draft Regulation to amend the Regulation under the Act respecting the Québec correctional system.
The draft regulation mainly covers the sanctions imposed on inmates for disciplinary breaches. Such measures, including reclusion, may infringe inmates’ fundamental rights.
Some aspects of the disciplinary process are set out in detail in a work instruction, without being included in the regulation. However, a work instruction provides a framework for how staff perform their duties, but it does not have the binding force of a regulation. The Protecteur du citoyen considers that disciplinary measures should be applied consistently across the whole correctional system. Therefore, it makes recommendations to ensure that the regulation includes matters that may have consequences on inmates’ rights.
For example, confinement or reclusion may be imposed for at most 15 days. After this period, the draft regulation provides for a “break for a reasonable period of time”. According to the Protecteur du citoyen, the regulation should provide for a minimum break of 48 hours.
Moreover, it is provided that some less serious breaches, which do not involve acts of violence, may lead to reclusion. The adverse effects of isolation on inmates’ mental health are widely known. Thus, the Protecteur du citoyen considers that the draft regulation should not allow reclusion as a sanction for minor breaches.
The Protecteur du citoyen makes six recommendations to reinforce the regulatory framework in line with the recognized principles of fundamental rights. The recommendations also aim to achieve a better balance between security concerns and the rehabilitation objectives for inmates.
Learn more about this Protecteur du citoyen intervention:
- Letter concerning the draft Regulation to amend the Regulation under the Act respecting the Québec correctional system (in French only, PDF, 1.26 MB)
