FAQ's
Is the Office of the Correctional Investigator (OCI) part of the
Correctional Service of Canada (CSC)?
No. Given its mandate to act as an ombudsman for offenders in the care and
control of CSC, the OCI is a completely independent and autonomous agency.
What is an "ombudsman"?
An ombudsman is a person with authority to conduct thorough, impartial,
independent investigations and to make recommendations to government
organizations with respect to the problems of citizens. Normally ombudsman
agencies investigate in response to citizen complaints but they can also
investigate at their own initiative. In most cases an ombudsman is appointed by
the legislature and can issue reports and recommendations to government
officials and ultimately to the legislature.
The Correctional Investigator is appointed by the Cabinet and may report on
individual investigations up to the level of the Commissioner of Corrections or
the Solicitor General. Our investigations concern the problems of federal
offenders related to the conduct of Correctional Service staff and agents.
The Correctional Investigator's Annual Reports or Special reports (on urgent
topics) are provided to the Solicitor General, who must then table them in
Parliament.
The notion of righting a wrong is central to the Ombudsman concept. This
involves measurably more than simply responding to specific legal, policy or
technical elements associated with the area of concern under review. It requires
the provision of independent, informed and objective opinions on the fairness of
the action taken so as to counter balance the relative strength of public
institutions against the individual. It, as well, requires responsiveness on the
part of public institutions which are and are seen to be fair, open and
accountable.
Can the OCI compel CSC to take corrective action?
No. As is the case of ombudsman agencies in most jurisdictions, the OCI only
has the power to make non-binding recommendations. Generally, the OCI strives to
resolve issues with the Service at the lowest possible level.
In the event that a solution cannot be agreed upon, the OCI can ask the
Solicitor General of Canada to review the matter or/and bring the latter to the
attention of Parliament through a special report or its annual report.
Does the OCI have access to all information held by the Correctional
Service of Canada?
The Correctional Investigator may require any person to provide any
information that relates to an investigation. Investigators may enter and
inspect any Correctional Service premises. The Correctional Investigator may
hold hearings and examine witnesses under oath.
Why do offenders need an ombudsman?
The Office of the Correctional Investigator was established on the
recommendation of an Inquiry into the 1972 riot at Kingston Penitentiary. The
Inquiry concluded that inmates need an independent and impartial vehicle to
resolve their problems in a timely fashion. We have been fulfilling this
function ever since.
Our investigations promote the safe and humane custody and supervision of
offenders in accordance with the law. As a partner in the criminal justice
system we help to ensure the safe and effective reintegration of offenders into
the community.
The safety of inmates and staff can be affected by disputes inside
penitentiaries. Being able to conduct timely and relatively informal
investigation, often on site in institutions, can allow us to resolve issues
before they get more serious. Being perceived as independent and impartial
enhances offenders' trust in our process and their willingness to raise problems
with us.
We are not advocates for offenders or the prison system. We investigate from
an impartial perspective and, if we decide a complaint has merit, we will
support the offender in achieving resolution of the problem.
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