In relation to appeals involving claims against the Crown, the Commissioner of Corrections has again delegated his authority to the Inspector General, or in his absence, the Senior Deputy Commissioner. Procedures are established in the Divisional Instructions to allow prisoners to appeal the denial of a claim against the Crown. Claims against the Crown seeking redress for injuries or loss of or damage to personal property are not grievable and must be proceeded with in accordance with the Crown Liability Actand the rules pertaining to inmate compensation administered by Labour Canada. Similarly, grievances cannot be submitted regarding the amount of any benefit or compensation awarded as the alternative appeal procedure set out in relation to claims against the Crown must be pursued. The only exception is when no required internal inquiry has been set up in such matters, or the time limit for the decision on the appeal has been exceeded and the claimant has not been notified of the delay. Provision is also made in relation to grievances commenced followed by a transfer of a prisoner to another institution and in relation to the confidentiality of information in grievances, the records and reports that are kept and a grievance manual is to be maintained in sufficient quantity in each institution for use by prisoners and staff.

    When a prisoner makes a claim against the Crown and that claim is denied, or if he wishes to contest the amount of settlement awarded, there are provisions for an appeal within 30 days of receiving the notice of the outcome of the claim. The written appeals are forwarded to the assistant director of administration or to the superintendent if there is no such assistant director of administration. That person receiving the complaint is required to forward it to the regional manager of administration, who reviews the appeal and submits his findings and recommendations to the Deputy Commissioner of the region, who is required to inform the prisoner of his decision within 30 working days.

    There is a further appeal to the Commissioner within eight working days of receipt of a decision from the Deputy Commissioner of the region. Once again, the inmate affairs division at National Headquarters investigates and reviews the matter and submits its findings and recommendations to the Commissioner, who is required to submit a written answer within 30 working days of receipt of the appeal.

    If the claim is for an amount in excess of $100, but under $1,000, the assistant director of administration or the superintendent, on receipt of the appeal, is required to forward the matter directly to the director of the inmate affairs division at National Headquarters, who investigates and reviews the matter and submits his findings and recommendations to the Commissioner, who in turn must make a decision within 30 working days of receipt of the appeal.

    If the claim is for an amount in excess of $1,000 and liability has been denied, and the prisoner continues to insist on payment, the director is required to forward the claim once again to the director of inmate affairs division at National Headquarters, who in turn will refer the matter to legal services for advice and once again, the Commissioner has to decide within 30 working days on receipt of the appeal.