97. Rules - Subject to this Part and the regulations, the Commissioner may make rules

for the management of the Service;

for the matters described in section 4; and

generally for carrying out the purposes and provisions of this Part and the regulations.

Crawshaw v. Canada (Deputy Commissioner of Corrections) - (1996), 125 F.T.R. 247, [1996] F.C.J. No.1553 (F.C.T.D.)

- A CD does not have the "force of law," that is to say, a limitation that is prescribed in a CD is not "prescribed by law." The court recognized that the authority cited for the proposition that CDs are not "law" predates the enactment of the CCRA and more particularly sections 97 and 98 of that Act. However, the court was not satisfied that sections 97 and 98 of the CCRA in any way modify the status of CDs for the purpose of section 1 of the Charter.

Hunter v. Canada (Commissioner of Corrections) - (1997), 9 C.R. (5th) 120, 134 F.T.R. 81, [1997] 3 F.C. 936, [1997] F.C.J. No.959 (F.C.T.D.) [affirmed 163 D.L.R. (4th) 383 (F.C.A.)]

- The specific provisions of a Commissioner's Directive granting the CSC the ability to restrict inmate calls to pre-authorized lists and providing voice-over measures were within the ambit of the discretion given by subsection 71(1) of the CCRA in conjunction with its corresponding provisions in the Regulations, and sections 97 and 98 of the Act. Arbitrariness was not evident in the manner in which the limits were prescribed. There was no disruption in the chain of statutory authority flowing from the Act and the Regulations to the limits within the specific CD in question. The limits within the CD were "prescribed by law."

Miller v. Canada - [1999] F.C.J. No.477 (F.C.T.D.), 1999 CanLII 7943 (F.C.)

- Commissioner's Directives are rules made by the Commissioner under section 97 of the CCRA, that have been designated as directives under section 98. These rules are for the management of the Service and generally for carrying out the purposes and provisions of the Act and Regulations. The Directives must be made available to the public, staff, and inmates.