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

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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 Parole Board of Canada to a person under the control and management of the Commissioner, the Commissioner and the Chairperson of the Parole Board of Canada

of the problem and the particulars thereof.