Public Inquiries in Canada: Law and Practice

Public inquiries have significantly shaped public policy in Canada. In recent years, we have had inquiries into the safety of drinking water, the use of tasers by police, breast cancer screening, the pediatric forensic pathology system, public contracts in the construction industry, and wrongful convictions.

Inquiries continue to proliferate – take a look at the media in Canada in any given week and you’ll find calls for the creation of public inquiries, discussions of the efficacy of ongoing inquiries, and comments about the recommendations from inquiries recently concluded.

Public Inquiries in Canada: A Guide to Law and Practice gives the “full picture” of the workings of an inquiry. Not only does it provide a comprehensive legal overview of an inquiry, it also offers practical guidance through each of the steps in the inquiry process. Through the voices and perspectives of those involved in every aspect of public inquiries, this book serves as a catalogue of the “best practices” in the conduct of a public inquiry, regardless of the mandate or terms of reference of the inquiry.

The book is national in scope and the authors have included information that will be useful in all aspects of the inquiry process, and at all levels: federal, provincial/territorial and municipal. Among the many contributors and interviewees in the book, you’ll hear from:

• Commissioners
• Commission counsel
• Investigators
• Journalists
• Counsellors
• Witnesses

Public Inquiries in Canada: A Guide to Law and Practice is organized in chronological fashion, from the calling of an inquiry by a government, to the submission of the commissioner’s report, and to the aftermath. By providing guidance, suggestions and reflections, the authors have assembled a thorough review of the elements of an inquiry and the various roles of those involved. Legal rights and duties are discussed, and relevant cases and statutes are included and analyzed. With practical checklists and precedents, legal analysis and first-hand descriptions from all sides of an inquiry, the book can be used as a legal text, a guidebook, a reference text, or all three.

The book will prove useful to all those involved in a public inquiry. This includes those appointed commissioners of an inquiry (including judges), commission counsel and other members of the commission team such as policy analysts, investigators, document reviewers, media spokespersons, and staff persons working on inquiries; lawyers representing parties; and non-lawyers such as witnesses (including expert witnesses), counselors, journalists, members of the public – and others included in the inquiry process.