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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Offence and Punishment

Marginal note: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

Marginal note: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.

Marginal note: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 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

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.

Marginal note: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

Marginal note: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.

• 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

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

Marginal note:Binding on Her Majesty

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

PART IVConsequential and Related Amendments, Repeal and Transitional Provisions and Coming into Force

Criminal Code

199 to 203 [Amendments]

204 [Repealed, 1995, c. 42, s. 61]

Prisons and Reformatories Act

205 to 207 [Amendments]

Transfer of Offenders Act

208 to 211 [Amendments]

Department of the Solicitor General Act

212 [Amendment]

Repeal

213 and 214 [Repeals]

References

215 and 216 [Amendments]

Transitional Provisions

Marginal note:Commissioner remains in office

217 The person holding office as Commissioner of Corrections on the coming into force of section 214 continues in office as Commissioner and shall be deemed to have been appointed under Part I of this Act.

Marginal note:Federal-provincial agreements

• 218 (1) Any agreements made under the Penitentiary Act or the Prisons and Reformatories Act and in existence on the coming into force of section 214, to the extent that they are authorized to be entered into under subsection 15(3) or 16(1) of this Act, shall be deemed to have been entered into under that subsection.

• Marginal note:Idem

  (2) Any agreements made under the Parole Act and in existence on the coming into force of section 213, to the extent that they are authorized to be entered into under section 114 of this Act, shall be deemed to have been entered into under that section.

Marginal note:Temporary absences

219 Any temporary absence authorized under section 28 or 29 of the Penitentiary Act shall, on the coming into force of section 214, be dealt with as if it had been authorized under section 17 of this Act.

Marginal note:Administrative segregation, discipline

220 All matters relating to administrative segregation and disciplinary offences shall, on the coming into force of section 214, be dealt with in accordance with Part I of this Act.

Marginal note:Definitions

221 In this section and sections 222 to 227,

commencement day

entrée en vigueur

commencement day means the day on which section 213 comes into force; (entrée en vigueur)

former Act

loi antérieure

former Act means the Parole Act as it read immediately before the commencement day; (loi antérieure)

former Board

ancienne Commission

former Board means the National Parole Board established by section 3 of the former Act. (ancienne Commission)