How and why does the government set up a commission of inquiry?
Under the Act respecting public inquiry commissions, the Québec government may appoint one or more commissioners to investigate “any matter connected with the good government of Québec, the conduct of any part of the public business, the administration of justice or any matter of importance relating to public health, or to the welfare of the population.” For this Commission, the government has decided to appoint only one commissioner. Commissions of inquiry are formed to establish facts and uncover the truth about matters of public concern. They propose solutions for problematic situations. The Commissioner’s status and the transparency and openness of the hearings are designed to restore public confidence in the institutions under investigation and in the government as a whole.
What are the parameters of a commission of inquiry?
The Commission is independent of government and acts as such within the scope of its mandate. A public inquiry is neither a criminal nor a civil trial. It does not lead to a finding of guilt, liability or damages. The Commissioner investigates relevant facts and draws factual conclusions from the evidence submitted in the form of testimonies, briefs, research, and opinions by interested persons. His report presents opinions and recommendations formulated based on these findings. These recommendations may call for legislative, regulatory or organizational changes.
Are commission proceedings public?
Yes. This is a fundamental principle of our justice system. They can be broadcast live or recorded. However, the Commissioner may—for reasons of public order such as protection of the parties, ongoing police investigations, confidential or privileged information, or to ensure the right to a fair and equitable trial—issue a publication ban.
What is the Commissioner’s role?
The Commissioner acts as investigator with the powers conferred on him by the Act respecting public inquiry commissions. He leads the investigation and hears evidence presented by Commission counsel and certain participants, in accordance with the rules of procedure he has adopted. These rules are designed to protect the rights of the parties and to ensure that the Commission’s work is meticulous, impartial and transparent, while adhering to a tight schedule.
What powers does the Commissioner have?
Under the Act respecting public inquiry commissions, the Commissioner may, by any lawful means he deems best, investigate the matter referred to him. To establish the facts and uncover the truth, the Commissioner has the power to summon any witnesses he deems necessary to testify or produce documents. These witnesses are obliged to answer, but no answer so given can be used against them in a prosecution under any Act, except in the case of prosecutions for perjury or contradictory evidence.
What is the role of the Commission’s legal team ?
The Commission’s lawyers assist and advise the Commissioner and ensure that the Commission’s work runs smoothly. They meet with potential witnesses and prepare the evidence to be presented to the Commissioner. They present evidence at hearings and argue the applicable legal principles during debates on points of law. They present their evidence and arguments in the public interest, neutrally and objectively. They ensure that all issues relating to the Commission’s mandate are studied and presented.
Commission lawyers work closely with the Commissioner, the counsel and the investigation team. They formulate legal opinions on essential questions in light of the evidence and applicable questions of law, and support the Commission’s work by painting the most accurate portrait of the situation possible. They fuel the deliberations that will ultimately lead to the drafting of the Commissioner’s report and recommendations.
What is the role of the Commission’s investigators?
The investigators work with counsel to gather evidence to present to the Commissioner. They do this by meeting with potential witnesses and consulting experts in many fields. They research and collect facts and analyze, validate and corroborate the information they receive.
Anyone seeking to obtain full or limited participant standing from the Commission must submit a written request, in accordance with Rules of operation, procédure and conduct.
Anyone directly affected by the inquiry or who can contribute to it may obtain full or limited participant standing from the Commissioner.
To do so, they shall submit a written request to the Commission before the specified date, including:
their complete contact information (name, address, telephone and fax number and email address);the nature of their interest in the Commission's work;the standing sought and the reasons for the request;the manner in which they can contribute to the Commission's work;the name and contact information of the lawyer representing them.
The request includes a sworn statement signed by the applicant, indicating that he or she has read the Commission's Rules of operation, procédure and conduct and undertakes to comply with them.
Full participant standing
The Commissioner grants full participant standing to anyone who has a significant, direct interest with respect to the subject of the inquiry and is likely to be affected by the Commission's report.
Full participants have the right to:
- obtain disclosure of the documents the Commission's prosecutors or a participant is planning to submit as evidence, within a reasonable time frame before the evidence is tabled;
- recommend that the Commission's prosecutors summon certain witnesses, cover certain aspects during testimonies or table certain documents, or request an order to summon a witness or to demand that a document be submitted as evidence;
- raise objections and cross-examine witnesses, within the limits of their interest and on the subjects relating to their full participant status;
- to make final verbal observations and to present a written brief.
Limited participant standing
The Commissioner grants limited participant standing to anyone who has a real interest with respect to the subject of the inquiry, as well as a perspective, experience or expertise that may contribute to the execution of the Commission's mandate.
Limited participant have the right to:
- obtain disclosure of the documents the Commission's prosecutors or a participant is planning to submit as evidence, within a reasonable time frame before the evidence is tabled;
- to recommend that the Commission's prosecutors question a witness on certain specific points or, with the Commissioner's permission, to question the witness regarding specific points;
- to make final verbal observations on aspects pertaining to their limited participant standing and, with the Commissioner's permission, to present a short written brief on these aspects.
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