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

Act current to 2015-06-22 and last amended on 2015-06-18. Previous Versions

Marginal note:Opinion re decision, recommendation, etc.
  •  (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.

  • 1992, c. 20, s. 178;
  • 2012, c. 1, s. 160.
Marginal note:Recommendations
  •  (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.

  • 1992, c. 20, s. 179;
  • 2012, c. 1, s. 160.