|
QUESTIONS AND ANSWERS ABOUT THE COMMISSION
What
is the
Ipperwash
Inquiry?
|
The
Ipperwash
Inquiry
is a public
inquiry
that will examine and report on all the events surrounding the
death of Dudley George who was shot during a protest by
Aboriginal people at the
Ipperwash
Provincial Park in 1995. It will also look at government
policies and practices and make recommendations aimed at
avoiding violence in similar circumstances.
In order to accomplish this, the
Inquiry
will be divided into two parts. Part 1 will focus on what
happened at
Ipperwash
and Part 2 will deal with the broader policy issues. Both will
run at the same time. |
What
is a public
inquiry?
|
Governments appoint public inquiries to
investigate and report on matters of substantial public
interest. The mandate of each
inquiry
is set out in its terms of reference. It is not a trial. No
one is charged with any criminal offence, nor is anyone being
sued.
The Terms of Reference creating the Commission
direct that the Commission shall perform its duties without
expressing any conclusions of recommendation regarding civil
or criminal liability of any person or organization.
|
Is
this a Government investigation?
|
No. The
Inquiry
is independent. It is being paid for by the Government but
under Public Inquiries Act it is totally independent. All
Government ministries and agencies have been directed to
cooperate with the
Inquiry.
|
Who
heads the
Inquiry?
|
Justice Sidney B. Linden, a judge of the
Ontario Court of Justice who has served as Chief Justice of
the Ontario Court and as Chair of the Board of Legal Aid
Ontario. |
Who
are "Commission Counsel" and what is their role?
|
Commission Counsel are lawyers who work for the
Commissioner. Unlike in a trial, they do not have an
adversarial role. They represent the public interest and their
responsibility is to bring all relevant evidence to the
attention of the Commissioner. |
When
and where will the hearings take place?
|
Some of the hearings will be held at the Forest
Memorial Community Centre (Kimball Hall) in Forest, Ontario,
and some in Toronto. Forest is part of the Municipality of
Lambton Shores. The hearings will start on
April 20, 2004, when Justice Linden will hear
applications for standing. A tentative schedule for the
hearings is available on the "schedule"
page. The schedule will be updated as information becomes
available. |
What
is meant by "standing?"
|
In order to take part in the
Inquiry,
a person or an organization must have official status to take
part in the proceedings. This is called "standing." Standing
gives the person or organization the right to cross-examine
witnesses and receive all relevant documentation.
|
Who
can apply for standing?
|
Any person or organization who can show that
they have a "direct and substantial interest" in the subject
under examination. More information is available in the
Rules of Procedure and Practice. |
What
is meant by "funding" and who can apply?
|
The Commissioner may make recommendations to
the Government to provide funding to people or organizations
who have been granted standing but would not be able to
participate in the
Inquiry
without funding. More information is available in the
Rules of Procedure and Practice. |
What
is the purpose of Part 2 of the
Inquiry?
|
The purpose of Part 2 is to make
recommendations at avoiding violence in similar circumstances
in the future. |
How
will this be accomplished?
|
The process of Part 2 of the
Inquiry
will be different than Part 1. The Commission's objective is
to promote an informed and public discussion and analysis of
key policy issues raised by the death of Dudley George. The
Commission will do this by:
-
Commissioning research and policy papers;
-
Organizing
meetings and symposia;
-
Inviting
submissions from the public and persons or organizations who
have an interest in the
Inquiry;
-
Holding
evidentiary hearings as necessary;
-
Posting
commissioned research and policy material and public
submissions on its website and seeking comments from the
public.
More details are available in the
Rules of Procedure and Practice. |
Will
all the proceedings be public?
|
It is expected that the testimony heard at the
Inquiry
will be public. But the Commissioner does have the power to
hold hearings behind closed doors in special circumstances
such as matters involving public security or where keeping
personal matters may outweigh the benefits of public
disclosure. Witnesses must make a special application to be
heard behind closed doors. The
Rules of Procedure and Practice contain more details.
|
What
will happen when the
Inquiry
ends?
|
The Commissioner will write a report containing
his findings and recommendations and deliver it to the
Attorney General of Ontario who will make it public.
|
Is
the Government obliged to adopt the recommendations?
|
No, the recommendations are not legally binding
but past inquiries have had an important effect on public
policy. |
|