Corrections and Conditional Release Act

Marginal note: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 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.