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

Act current to 2016-04-12 and last amended on 2015-07-23. Previous Versions

Marginal note:Notice and report to Minister

 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.

  • 1992, c. 20, s. 180;
  • 2012, c. 1, s. 160.
Marginal note:Complainant to be informed of result of investigation

 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

 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
  •  (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.

Marginal note:Letters to be unopened

 Notwithstanding any provision in any Act or regulation, where

  • (a) a letter written by an offender is addressed to the Correctional Investigator, or

  • (b) a letter written by the Correctional Investigator is addressed to an offender,

the letter shall immediately be forwarded unopened to the Correctional Investigator or to the offender, as the case may be, by the person in charge of the institution at which the offender is incarcerated.

Delegation

Marginal note:Delegation by Correctional Investigator
  •  (1) The Correctional Investigator may authorize any person to exercise or perform, subject to such restrictions or limitations as the Correctional Investigator may specify, the function, powers and duties of the Correctional Investigator under this Part except

    • (a) the power to delegate under this section; and

    • (b) the duty or power to make a report to the Minister under section 192 or 193.

  • Marginal note:Delegation is revocable

    (2) Every delegation under this section is revocable at will and no delegation prevents the exercise or performance by the Correctional Investigator of the delegated function, powers and duties.

  • Marginal note:Continuing effect of delegation

    (3) In the event that the Correctional Investigator who makes a delegation under this section ceases to hold office, the delegation continues in effect so long as the delegate continues in office or until revoked by a succeeding Correctional Investigator.

Relationship With Other Acts

Marginal note:Power to conduct investigations
  •  (1) The power of the Correctional Investigator to conduct investigations exists notwithstanding any provision in any Act to the effect that the matter being investigated is final and that no appeal lies in respect thereof or that the matter may not be challenged, reviewed, quashed or in any way called into question.

  • Marginal note:Relationship with other Acts

    (2) The power of the Correctional Investigator to conduct investigations is in addition to the provisions of any other Act or rule of law under which

    • (a) any remedy or right of appeal or objection is provided for any person, or

    • (b) any procedure is provided for the inquiry into or investigation of any matter,

    and nothing in this Part limits or affects any such remedy, right of appeal, objection or procedure.

Legal Proceedings

Marginal note:Acts not to be questioned or subject to review

 Except on the ground of lack of jurisdiction, nothing done by the Correctional Investigator, including the making of any report or recommendation, is liable to be challenged, reviewed, quashed or called into question in any court.

Marginal note:Protection of Correctional Investigator

 No criminal or civil proceedings lie against the Correctional Investigator, or against any person acting on behalf or under the direction of the Correctional Investigator, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any function, power or duty of the Correctional Investigator.

Marginal note:No summons

 The Correctional Investigator or any person acting on behalf or under the direction of the Correctional Investigator is not a competent or compellable witness in respect of any matter coming to the knowledge of the Correctional Investigator or that person in the course of the exercise or performance or purported exercise or performance of any function, power or duty of the Correctional Investigator, in any proceedings other than 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:Libel or slander

 For the purposes of any law relating to libel or slander,

  • (a) anything said, any information furnished or any document, paper or thing produced in good faith in the course of an investigation by or on behalf of the Correctional Investigator under this Part is privileged; and

  • (b) any report made in good faith by the Correctional Investigator under this Part and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast is privileged.

Offence and Punishment

Marginal note:Offences

 Every person who

  • (a) without lawful justification or excuse, wilfully obstructs, hinders or resists the Correctional Investigator or any other person in the exercise or performance of the function, powers or duties of the Correctional Investigator,

  • (b) without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of the Correctional Investigator or any other person under this Part, or

  • (c) wilfully makes any false statement to or misleads or attempts to mislead the Correctional Investigator or any other person in the exercise or performance of the function, powers or duties of the Correctional Investigator

is guilty of an offence punishable on summary conviction and liable to a fine not exceeding two thousand dollars.

 
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