Frequently Asked Questions
What is a public inquiry?
Who heads the inquiry?
Who are "Commission Counsel" and what is their role?
Who participates in the Inquiry?
Who has standing in the Driskell Inquiry?
What is the purpose of the Driskell Inquiry?
Who will testify at the Driskell Inquiry?
Are the proceedings open to the public?
How long will the Inquiry take?
Will the Commissioner's final report be made public?
What is a public inquiry?
Governments establish public
inquiries to investigate and report on matters of substantial public
interest related to the good governance or the public business within a
jurisdiction. The mandate of each inquiry is set out in its terms of
reference and/or the Order in Council which establishes the Commission.
A Commission of inquiry is
established and paid for by government; however, it is an independent body.
A public inquiry is not a trial. The
Commission performs its duties without expressing conclusions about civil or
criminal liability of any person or organization.
Commissions of inquiry hear evidence by way of a public hearing. The hearing
functions in much the same way as a court of law, although not all of the
same rules apply. Like a judge, the Commissioner presides over the
proceedings and hears sworn testimony from witnesses who have been called to
testify by Commission Counsel. Parties with standing are allowed to cross
examine the witnesses and the public is allowed to attend the hearing.
Who heads the Inquiry?
The
Lieutenant Governor in Council appoints a Commissioner to head a public
inquiry. The Commissioner is responsible for reporting findings and making
recommendations relating to the administration of justice in the province.
The Commissioner has the power to summon witnesses, require them to give
evidence, and require them to produce documents.
The Honourable Patrick LeSage, Q.C., is the Commissioner of the Driskell
Inquiry.
Who are "Commission Counsel" and what is their role?
Mr. Michael Code is Commission
Counsel for this inquiry. He is assisted by Jonathan A. Dawe.
Commission Counsel is a lawyer who
works for the Commissioner. His role is to represent the public interest.
Commission Counsel does not represent any particular interest or point of
view and, unlike in a trial, his role is neither adversarial nor partisan.
Commission Counsel plays a key role in locating, organizing and preparing
the presentation of evidence. He is responsible for bringing all relevant
evidence to the attention of the Commissioner and, through the public
hearing process, to the public at large.
Who participates in the inquiry?
Parties with standing are allowed to participate in the
inquiry process. To have "standing" means that the party has
demonstrated to the Commissioner that it has a direct and substantial
interest in the matters being examined by the inquiry. Parties with
standing participate in the public hearing, cross-examine witnesses, and are
entitled to other procedural rights outlined in the Commission's Rules of
Practice and Procedure.
Who has standing in the
Driskell Inquiry?
It will be determined in early April 2006 as to who will have standing at
this Commission.
What is the purpose of the
Driskell Inquiry?
The Driskell Inquiry has a mandate 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;
- 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;
- give advise 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;
- advice 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.
Who will testify at the Driskell Inquiry?
Commission Counsel determines who will be called to testify at the
inquiry. It is Commission Counsel's responsibility to ensure that all
evidence that bears on the public interest is brought to the Commissioner's
attention.
Are the proceedings open to the public?
Yes, the Commission is committed to a process of public hearings.
Members of the media and the general public are welcome to attend the
proceedings. A schedule of dates and locations of the hearings will be
posted to the Commission website and will be advertised in the local
newspaper.
How long will the inquiry take?
The Driskell Inquiry public hearing is currently schedule to hear
applications for standing in early April. It is estimated that the
hearings will be scheduled during July, August and September, however the
dates will be set after the standing hearings are completed. Once the
public hearing concludes, the Commissioner will prepare his final report and
deliver it to the Attorney General.
Will the Commissioner's final report be made
public?
The Commissioner's report was provided to the Attorney General on January
30, 2007. The Attorney General released the report to the public on
February 15, 2007.
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