FAQ's
Is the Office of the Correctional Investigator (OCI) part of the Correctional Service
of Canada (CSC)?
No. Given its mandate to act as an ombudsman for offenders in the care and control
of CSC, the OCI is a completely independent and autonomous agency.
What is an "ombudsman"?
An ombudsman is a person with authority to conduct thorough, impartial, independent
investigations and to make recommendations to government organizations with respect
to the problems of citizens. Normally ombudsman agencies investigate in response
to citizen complaints but they can also investigate at their own initiative. In
most cases an ombudsman is appointed by the legislature and can issue reports and
recommendations to government officials and ultimately to the legislature.
The Correctional Investigator is appointed by the Cabinet and may report on individual
investigations up to the level of the Commissioner of Corrections or the Minister
of Public Safety. Our investigations concern the problems of federal offenders related
to the conduct and decisions of Correctional Service staff and agents.
The Correctional Investigator's Annual Reports or Special reports (on urgent topics)
are provided to the Minister of Public Safety, who must by law table them in Parliament.
The notion of righting a wrong is central to the Ombudsman concept. This involves
measurably more than simply responding to specific legal, policy or technical elements
associated with the area of concern under review. It requires the provision of independent,
informed and objective opinions on the fairness of the action taken so as to counter
balance the relative strength of public institutions against the individual. It,
as well, requires responsiveness on the part of public institutions which are and
are seen to be fair, open and accountable.
Can the OCI compel CSC to take corrective action?
No. As is the case of ombudsman agencies in most jurisdictions, the OCI only has
the power to make non-binding recommendations. Generally, the OCI strives to resolve
issues with the Service at the lowest possible level.
In the event that a solution cannot be agreed upon, the OCI can ask the Minister
of Public Safety to review the matter or/and bring the latter to the attention of
Parliament through a special report or its annual report.
Does the OCI have access to all information held by the Correctional Service of Canada?
Yes, the Correctional Investigator may require any person to provide any information
that relates to an investigation. Investigators may enter and inspect any Correctional
Service premises. The Correctional Investigator may hold hearings and examine witnesses
under oath.
Why do offenders need an ombudsman?
The Office of the Correctional Investigator was established on the recommendation
of an Inquiry into the 1972 riot at Kingston Penitentiary. The Inquiry concluded
that inmates need an independent and impartial vehicle to resolve their problems
in a timely fashion. We have been fulfilling this function ever since.
Our investigations promote the safe and humane custody and supervision of offenders
in accordance with the law. As a partner in the criminal justice system we help
to ensure the safe and effective reintegration of offenders into the community, contributing to public safety.
The safety of inmates and staff can be affected by disputes inside penitentiaries.
Being able to conduct timely and relatively informal investigation, often on site
in institutions, can allow us to resolve issues before they get more serious. Being
independent and impartial enhances offenders' trust in our process
and their willingness to raise problems with us.
We are not advocates for offenders or the prison system. We investigate from an
impartial perspective and, if we decide a complaint has merit, we will support the
offender in achieving resolution of the problem.