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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)

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.

Annual and Special Reports

Marginal note:Annual reports

 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.

Marginal note:Urgent matters

 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 thereon 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 receives it.

Marginal note:Reporting of public hearings

 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.

Marginal note:Adverse comments

 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

Marginal note:Confidences of the Queen’s Privy Council for Canada

  •  (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.

  • Marginal note: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

Marginal note:Regulations

 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

Marginal note:Binding on Her Majesty

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

 
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