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INVESTIGATIONS


19. (1) General - Where the inmate dies or suffers serious bodily injury, the Service shall, whether or not there is an investigation under section 20, forthwith investigate the matter and report thereon to the Commissioner or to a person designated by the Commissioner.

      (2) Copy to Correctional Investigator - The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1).

 

20. Special investigations - The Commissioner may appoint a person or persons to investigate and report on any matter relating to the operations of the Service.

 

21. Application of Inquiries Act - Sections 7 to 13 of the Inquiries Act apply in respect of investigations carried on under section 20

 (a)

as if the references to "commissioner" in those sections were references to the person or persons appointed under section 20; and

 (b)

with such other modifications as the circumstances require.

 
Judicial Consideration -
 

Yeomans v. Gaw - (1985), 22 C.C.C. (3d) 311, [1985] 1 F.C. 561, [1986] 6 W.W.R. 72 (F.C.A.)

 

- The Commissioner of Corrections set up a commission of inquiry pursuant to section 12 of the Penitentiary Act to investigate the operation of a particular parole office – the terms of reference including specific allegation of criminal conduct against the director of the office. In allowing the appeal, thereby approving of the inquiry, the court was of the view that the inquiry convened by the appellant was one with respect to matters affecting the operation of the correctional service, and the mere fact that it involved consideration of allegations which, if true, would amount to criminal offences did not turn it into a criminal proceeding or one for the enforcement of the criminal law. Further, the holding of such an inquiry, per se, would not necessarily infringe any right guaranteed to the respondent by the Canadian Charter of Rights and Freedoms.

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