Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2019-08-28 and last amended on 2019-06-21. Previous Versions

PART IIICorrectional Investigator (continued)

Findings, Reports and Recommendations (continued)

Marginal note:Informing of problem

 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.

  • 1992, c. 20, s. 177
  • 2012, c. 1, s. 160

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

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.

 
Date modified: