The rights and recourse of prison inmates

Prison inmates are entitled to intervention:

• by qualified, honest staff;
• in a spirit of respect for their basic rights;
• with the necessary, requisite limitations in keeping with the legislation and regulations in force;
• without discrimination;
• according to the principle that everyone can develop in a positive manner.

Prison inmates who believe that their rights have been violated must first attempt to resolve the situation with the persons concerned while abiding by the detention facility’s rules.

If the prison inmates have attempted to resolve the situation with the persons concerned but are dissatisfied with the steps taken or the solution adopted, they can request the complaint form from a staff member in their accommodation sector.

The complaints are then submitted to the unit manager of the sector concerned, who must respond within two business days.

If the prison inmates are dissatisfied with the unit manager’s response, they can request the re-examination of the complaint by filling out another complaint form. It is submitted to the management of the detention facility, which must respond within five business days.

If the prison inmates are still not satisfied with the detention facility management’s response, they may fill out a third complaint form, which is submitted to the branch concerned, which must respond within seven business days.

It is not possible to lodge a complaint on behalf of another person.

Prison inmates can also contact in writing or by telephone the Québec Ombudsman or the Commission des droits de la personne et de la jeunesse.

In rare cases, an administrative error by the Ministère de la Sécurité publique or the Ministère de la Justice can arise. Such errors can relate to the validation of the prison inmate’s identity, the drafting, reading, or exchange of legal documents, or the calculation of the length of the sentence.

Individuals who believe they were incarcerated unjustly or for too long because of an administrative error can seek compensation by filling out the claim for unlawful detention form (PDF 125 Kb). The claim form will be analyzed, and compensation may be offered where warranted.