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The scope of the Commission's mandate is set by Order-in-Council #479/2005 (187Kb PDF) and it is:

  • to examine the conduct of Crown counsel and consider whether the conduct fell below the professional and ethical standards expected of prosecutors at the time;
  • to inquire whether the Winnipeg Police failed to disclose material information to the Crown at any time and if it contributed to a likely miscarriage of justice;
  • to give advice about whether the conduct of Crown counsel or police should be referred to an appropriate body for further review or investigation; consider the role of the RCMP laboratory; and
  • any systemic issues that may arise out of its role; give advice about whether any aspect of this case should be further studied, reviewed or investigated and if so, by whom; advise about whether and in what way a determination or declaration of wrongful conviction can be made in cases like this; and make systemic recommendations arising out of the facts of the case that the Commissioner considers appropriate.


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2006 Commission of Inquiry Into Certain Aspects of the Trial and Conviction of James Driskell