Corrections and Conditional Release Act (S.C. 1992, c. 20)

Management

Marginal note:Management

164 The Correctional Investigator has the control and management of all matters connected with the office of the Correctional Investigator.

Staff

Marginal note:Staff of the Correctional Investigator

• 165 (1) Such officers and employees as are necessary to enable the Correctional Investigator to perform the function and duties of the Correctional Investigator under this Part shall be appointed in accordance with the Public Service Employment Act.

• Marginal note:Technical assistance

  (2) The Correctional Investigator may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Correctional Investigator to advise and assist the Correctional Investigator in the performance of the function and duties of the Correctional Investigator under this Part and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.

Oath of Office

Marginal note:Oath of office

166 The Correctional Investigator and every person appointed pursuant to section 161 or subsection 165(1) shall, before commencing the duties of office, take the following oath of office:

“I, (name), swear that I will faithfully and impartially to the best of my abilities perform the duties required of me as (Correctional Investigator, Acting Correctional Investigator or officer or employee of the Correctional Investigator). So help me God.”

Function

Marginal note:Function

• 167 (1) It is the function of the Correctional Investigator to conduct investigations into the problems of offenders related to decisions, recommendations, acts or omissions of the Commissioner or any person under the control and management of, or performing services for or on behalf of, the Commissioner that affect offenders either individually or as a group.

• Marginal note:Restrictions

  (2) In performing the function referred to in subsection (1), the Correctional Investigator may not investigate

  • (a) any decision, recommendation, act or omission of

    • (i) the Parole Board of Canada in the exercise of its exclusive jurisdiction under this Act, or

    • (ii) any provincial parole board in the exercise of its exclusive jurisdiction;

  • (b) any problem of an offender related to the offender’s confinement in a provincial correctional facility, whether or not the confinement is pursuant to an agreement between the federal government and the government of the province in which the provincial correctional facility is located; and

  • (c) any decision, recommendation, act or omission of an official of a province supervising, pursuant to an agreement between the federal government and the government of the province, an offender on temporary absence, parole, statutory release subject to supervision or mandatory supervision where the matter has been, is being or is going to be investigated by an ombudsman of that province.

• Marginal note:Exception

  (3) Notwithstanding paragraph (2)(b), the Correctional Investigator may, in any province that has not appointed a provincial parole board, investigate the problems of offenders confined in provincial correctional facilities in that province related to the preparation of cases of parole by any person under the control and management of, or performing services for or on behalf of, the Commissioner.

Marginal note:Application to Federal Court

168 Where any question arises as to whether the Correctional Investigator has jurisdiction to investigate any particular problem, the Correctional Investigator may apply to the Federal Court for a declaratory order determining the question.

Information Program

Marginal note:Information program

169 The Correctional Investigator shall maintain a program of communicating information to offenders concerning

• (a) the function of the Correctional Investigator;

• (b) the circumstances under which an investigation may be commenced by the Correctional Investigator; and

• (c) the independence of the Correctional Investigator.

Investigations

Marginal note:Commencement

• 170 (1) The Correctional Investigator may commence an investigation

  • (a) on the receipt of a complaint by or on behalf of an offender;

  • (b) at the request of the Minister; or

  • (c) on the initiative of the Correctional Investigator.

• Marginal note:Discretion

  (2) The Correctional Investigator has full discretion as to

  • (a) whether an investigation should be conducted in relation to any particular complaint or request;

  • (b) how every investigation is to be carried out; and

  • (c) whether any investigation should be terminated before its completion.

Marginal note:Right to hold hearing

• 171 (1) In the course of an investigation, the Correctional Investigator may hold any hearing and make such inquiries as the Correctional Investigator considers appropriate, but no person is entitled as of right to be heard by the Correctional Investigator.

• Marginal note:Hearings to be in camera

  (2) Every hearing held by the Correctional Investigator shall be in camera unless the Correctional Investigator decides otherwise.

Marginal note:Right to require information and documents

• 172 (1) In the course of an investigation, the Correctional Investigator may require any person

  • (a) to furnish any information that, in the opinion of the Correctional Investigator, the person may be able to furnish in relation to the matter being investigated; and

  • (b) subject to subsection (2), to produce, for examination by the Correctional Investigator, any document, paper or thing that, in the opinion of the Correctional Investigator, relates to the matter being investigated and that may be in the possession or under the control of that person.

• Marginal note:Return of document, etc.

  (2) The Correctional Investigator shall return any document, paper or thing produced pursuant to paragraph (1)(b) to the person who produced it within ten days after a request therefor is made to the Correctional Investigator, but nothing in this subsection precludes the Correctional Investigator from again requiring its production in accordance with paragraph (1)(b).

• Marginal note:Right to make copies

  (3) The Correctional Investigator may make copies of any document, paper or thing produced pursuant to paragraph (1)(b).

Marginal note:Right to examine under oath

• 173 (1) In the course of an investigation, the Correctional Investigator may summon and examine on oath

  • (a) where the investigation is in relation to a complaint, the complainant, and

  • (b) any person who, in the opinion of the Correctional Investigator, is able to furnish any information relating to the matter being investigated,

  and for that purpose may administer an oath.

• Marginal note:Representation by counsel

  (2) Where a person is summoned pursuant to subsection (1), that person may be represented by counsel during the examination in respect of which the person is summoned.

Marginal note:Right to enter

174 For the purposes of this Part, the Correctional Investigator may, on satisfying any applicable security requirements, at any time enter any premises occupied by or under the control and management of the Commissioner and inspect the premises and carry out therein any investigation or inspection.

Findings, Reports and Recommendations

Marginal note:Decision not to investigate

175 Where the Correctional Investigator decides not to conduct an investigation in relation to a complaint or a request from the Minister or decides to terminate such an investigation before its completion, the Correctional Investigator shall inform the complainant or the Minister, as the case may be, of that decision and, if the Correctional Investigator considers it appropriate, the reasons therefor, providing the complainant with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act.

Marginal note:Complaint not substantiated

176 Where, after conducting an investigation in relation to a complaint, the Correctional Investigator concludes that the complaint has not been substantiated, the Correctional Investigator shall inform the complainant of that conclusion and, where the Correctional Investigator considers it appropriate, the reasons therefor, providing the complainant with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act.

Marginal note:Informing of problem

177 Where, after conducting an investigation, the Correctional Investigator determines that a problem referred to in section 167 exists in relation to one or more offenders, the Correctional Investigator shall inform

• (a) the Commissioner, or

• (b) where the problem arises out of the exercise of a power delegated by the Chairperson of the Parole Board of Canada to a person under the control and management of the Commissioner, the Commissioner and the Chairperson of the Parole Board of Canada

of the problem and the particulars thereof.

Marginal note:Opinion re decision, recommendation, etc.

• 178 (1) Where, after conducting an investigation, the Correctional Investigator is of the opinion that the decision, recommendation, act or omission to which a problem referred to in section 167 relates

  • (a) appears to have been contrary to law or to an established policy,

  • (b) was unreasonable, unjust, oppressive or improperly discriminatory, or was in accordance with a rule of law or a provision of any Act or a practice or policy that is or may be unreasonable, unjust, oppressive or improperly discriminatory, or

  • (c) was based wholly or partly on a mistake of law or fact,

  the Correctional Investigator shall indicate that opinion, and the reasons therefor, when informing the Commissioner, or the Commissioner and the Chairperson of the Parole Board of Canada, as the case may be, of the problem.

• Marginal note:Opinion re exercise of discretionary power

  (2) Where, after conducting an investigation, the Correctional Investigator is of the opinion that in the making of the decision or recommendation, or in the act or omission, to which a problem referred to in section 167 relates a discretionary power has been exercised

  • (a) for an improper purpose,

  • (b) on irrelevant grounds,

  • (c) on the taking into account of irrelevant considerations, or

  • (d) without reasons having been given,

  the Correctional Investigator shall indicate that opinion, and the reasons therefor, when informing the Commissioner, or the Commissioner and the Chairperson of the Parole Board of Canada, as the case may be, of the problem.

Marginal note:Recommendations

• 179 (1) When informing the Commissioner, or the Commissioner and the Chairperson of the Parole Board of Canada, as the case may be, of a problem, the Correctional Investigator may make any recommendation that the Correctional Investigator considers appropriate.

• Marginal note:Recommendations in relation to decision, recommendation, etc.

  (2) In making recommendations in relation to a decision, recommendation, act or omission referred to in subsection 167(1), the Correctional Investigator may, without restricting the generality of subsection (1), recommend that

  • (a) reasons be given to explain why the decision or recommendation was made or the act or omission occurred;

  • (b) the decision, recommendation, act or omission be referred to the appropriate authority for further consideration;

  • (c) the decision or recommendation be cancelled or varied;

  • (d) the act or omission be rectified; or

  • (e) the law, practice or policy on which the decision, recommendation, act or omission was based be altered or reconsidered.

• Marginal note:Recommendations not binding

  (3) Neither the Commissioner nor the Chairperson of the Parole Board of Canada is bound to act on any finding or recommendation made under this section.

Marginal note:Notice and report to Minister

180 If, within a reasonable time after informing the Commissioner, or the Commissioner and the Chairperson of the Parole Board of Canada, as the case may be, of a problem, no action is taken that seems to the Correctional Investigator to be adequate and appropriate, the Correctional Investigator shall inform the Minister of that fact and provide the Minister with whatever information was originally provided to the Commissioner, or the Commissioner and the Chairperson of the Parole Board of Canada, as the case may be.

Marginal note:Complainant to be informed of result of investigation

181 Where an investigation is in relation to a complaint, the Correctional Investigator shall, in such manner and at such time as the Correctional Investigator considers appropriate, inform the complainant of the results of the investigation, providing the complainant with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act.

Confidentiality

Marginal note:Confidentiality

182 Subject to this Part, the Correctional Investigator and every person acting on behalf or under the direction of the Correctional Investigator shall not disclose any information that comes to their knowledge in the exercise of their powers or the performance of their functions and duties under this Part.

Marginal note:Disclosure authorized

• 183 (1) Subject to subsection (2), the Correctional Investigator may disclose or may authorize any person acting on behalf or under the direction of the Correctional Investigator to disclose information

  • (a) that, in the opinion of the Correctional Investigator, is necessary to

    • (i) carry out an investigation, or

    • (ii) establish the grounds for findings and recommendations made under this Part; or

  • (b) in the course of a prosecution for an offence under this Part or a prosecution for an offence under section 131 (perjury) of the Criminal Code in respect of a statement made under this Part.

• Marginal note:Exceptions

  (2) The Correctional Investigator and every person acting on behalf or under the direction of the Correctional Investigator shall take every reasonable precaution to avoid the disclosure of, and shall not disclose, any information the disclosure of which could reasonably be expected

  • (a) to disclose information obtained or prepared in the course of lawful investigations pertaining to

    • (i) the detection, prevention or suppression of crime,

    • (ii) the enforcement of any law of Canada or a province, where the investigation is ongoing, or

    • (iii) activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act,

    if the information came into existence less than twenty years before the anticipated disclosure;

  • (b) to be injurious to the conduct of any lawful investigation;

  • (c) in respect of any individual under sentence for an offence against any Act of Parliament, to

    • (i) lead to a serious disruption of that individual’s institutional or conditional release program, or

    • (ii) result in physical or other harm to that individual or any other person;

  • (d) to disclose advice or recommendations developed by or for a government institution within the meaning of the Access to Information Act or a minister of the Crown; or

  • (e) to disclose confidences of the Queen’s Privy Council for Canada referred to in section 196.

• Marginal note:Definition of investigation

  (3) For the purposes of paragraph (2)(b), investigation means an investigation that

  • (a) pertains to the administration or enforcement of an Act of Parliament or of a province; or

  • (b) is authorized by or pursuant to an Act of Parliament or of a province.