LEGISLATION

Corrections and Conditional Release Act
S.C. 1992, Chap. 20

ASSENTED TO 18th JUNE, 1992

For full version, please visit http://laws-lois.justice.gc.ca/eng/acts/C-44.6/

 

PART III

CORRECTIONAL INVESTIGATOR

Interpretation

Definitions
157. In this Part,
"Commissioner"
"Commissioner" has the same meaning as in Part I;
"Correctional Investigator"
"Correctional Investigator" means the Correctional Investigator of Canada appointed pursuant to section 158;
"Minister"
"Minister" has the same meaning as in Part I;
"offender"
"offender" has the same meaning as in Part II;
"parole"
"parole" has the same meaning as in Part II;
"penitentiary"
"penitentiary" has the same meaning as in Part I;
"provincial parole board"
"provincial parole board" has the same meaning as in Part II.

Correctional Investigator

Appointment
158. The Governor in Council may appoint a person to be known as the Correctional Investigator of Canada.
Eligibility
159. A person is eligible to be appointed as Correctional Investigator or to continue in that office only if the person is a Canadian citizen ordinarily resident in Canada or a permanent resident as defined in subsection 2(1) of the Immigration Act who is ordinarily resident in Canada.
Tenure of office and removal
160. (1) The Correctional Investigator holds office during good behaviour for a term not exceeding five years, but may be suspended or removed for cause at any time by the Governor in Council.
Further terms
(2) The Correctional Investigator, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term.
Absence, incapacity or vacancy
161. In the event of the absence or incapacity of the Correctional Investigator, or if the office of Correctional Investigator is vacant, the Governor in Council may appoint another qualified person to hold office instead of the Correctional Investigator during the absence, incapacity or vacancy, and that personal shall, while holding that office, have the same functions as and all of the powers and duties of the Correctional Investigator under this Part and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council.
Devotion to duties
162. The Correctional Investigator shall engage exclusively in the function and duties of the office of the Correctional Investigator and shall not hold any other office under Her Majesty in right of Canada or a province for reward or engage in any other employment for reward.
Salary and expenses
163. (1) The Correctional Investigator shall be paid such salary as may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this Part.
Pension Benefits
(2) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Correctional Investigator, except that a person appointed as Correctional Investigator from outside the Public Service, as defined in subsection 3(1) of the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided for in the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Correctional Investigator from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.
Other Benefits
(3) The Correctional Investigator is deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Management

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

Staff

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.
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

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

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.
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 National Parole Board 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.

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.
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

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

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.

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.

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

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

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.
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

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.
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.
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 National Parole Board to a person under the control and management of the Commissioner, the Commissioner and the Chairperson of the National Parole Board of the problem and the particulars thereof.

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 National Parole Board, as the case may be, of the problem.

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 to 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 National Parole Board, as the case may be, of the problem.

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

Recommendations not binding
(3) Neither the Commissioner nor the Chairperson of the National Parole Board is bound to act on any finding or recommendation made under this section.
Notice and report to Minister
180. If, within a reasonable time after informing the Commissioner, or the Commissioner and the Chairperson of the National Parole Board, 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 Chairman of the National Parole Board, as the case may be.
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

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.
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.

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.

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

Letter to be unopened
184. 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

Delegation by Correctional Investigator
185.(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.

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.
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

Power to conduct investigations
186.(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.
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

Acts not to be questioned or subject to review
187. 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.
Protection of Correctional Investigator
188. 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.
No summons
189. 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.
Libel or slander
190. 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.

Office and Punishment

Offences
191. 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.

Annual and Special Reports

Annual reports
192. The Correctional Investigator shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the office of the Correctional Investigator during that year, and the Minister shall cause every such report to be laid before each House of Parliament on any of the first thirty days on which that House is sitting after the day on which the Minister receives it.
Urgent matters
193. The Correctional Investigator may, at any time, make a special report to the Minister referring to and commenting on any matter within the scope of the function, powers and duties of the Correctional Investigator where, in the opinion of the Correctional Investigator, the matter is of such urgency or importance that a report theron should not be deferred until the time provided for the submission of the next annual report to the Minister under section 192, and the Minister shall cause every such special report to be laid before each House of Parliament on any of the first thirty days on which that House is sitting after the day on which the Minister recieves it.
Reporting of public hearings
194. Where the Correctional Investigator decides to hold hearings in public in relation to any investigation, the Correctional Investigator shall indicate in relation to that investigation, in the report submitted under section 192, the reasons why the hearings were held in public.
Adverse comments
195. Where it appears to the Correctional Investigator that there may be sufficient grounds for including in a report under section 192 or 193 any comment or information that reflects or might reflect adversely on any person or organization, the Correctional Investigator shall give that person or organization a reasonable opportunity to make representations respecting the comment or information and shall include in the report a fair and accurate summary of those representations.

Confidences of the Queen's Privy Council

Confidences of the Queen's Privy Council for Canada
196.(1) The powers of the Correctional Investigator under sections 172, 173, and 174 do not apply with respect to confidences of the Queen's Privy Council for Canada, including, without restricting the generality of the foregoing,

(a) memoranda the purpose of which is to present proposals or recommendations to Council;

(b) discussion papers the purpose of which is to present background explanations, analyses of problems or policy options to Council for consideration by Council in making decisions;

(c) agenda of Council or records recording deliberations or decisions of Council;

(d) records used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy;

(e) records the purpose of which is to brief ministers of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d);

(f) draft legislation; and

(g) records that contain information about the contents of any record within a class of records referred to in paragraphs (a) to (f).

Definition of "Council"
(2) For the purposes of subsection (1), "Council" means the Queen's Privy Council for Canada, committees of the Queen's Privy Council for Canada, Cabinet and committees of Cabinet.
Exception
(3) Subsection (1) does not apply with respect to

(a) confidences of the Queen's Privy Council for Canada that have been in existence for more than twenty years; or

(b) discussion papers described in paragraph (1)(b)

(i) If the decisions to which the discussion papers relate have been made public, or

(ii) where the decisions have not been made public, if four years have passed since the decisions were made.

Regulations

Regulations
197. The Governor in Council may make such regulations as the Governor in Council deems necessary for carrying out the purposes and provisions of this Part.

Her Majesty

Binding on Her Majesty
198. This Part is binding on Her Majesty in right of Canada.