Education: Public Inquiries

AIDWYC has also been invited to participate in, and provide its expertise to, several public inquiries related to cases or causes of wrongful conviction.

What is a Public Inquiry?
Public inquiries are government-ordered reviews of government conduct in relation to specific events or issues. Because they are focused on making findings and recommendations related to government conduct, they are typically led by a commissioner considered to be impartial, such as an acting or former judge. They have powers similar to those of a court (e.g., the ability to summon witnesses) but are not as restrained as are courts in the scope of their investigation. Following a period of investigation, the commissioner releases a report that, depending on the inquiry's mandate, may either confine itself to simply making findings related to the relevant event or issue, or may make recommendations for change.

Public Inquiries with AIDWYC Involvement

The Kaufman Commission on Proceedings Involving Guy Paul Morin –
Ontario (1997) Commissioner Fred Kaufman, Q.C., a former judge of the Quebec Court of Appeal, was appointed to examine the circumstances surrounding the wrongful conviction of Guy Paul Morin. The Commissioner was also charged with recommending how the province might avoid future wrongful convictions. AIDWYC was granted standing before the Commission where the Commission's work touched on issues of a systemic nature.

Documents

The Lamer Commission of Inquiry Pertaining to the Cases of: Ronald Dalton, Gregory Parsons, Randy Druken
Newfoundland and Labrador (2006) Commissioner and former Chief Justice of Canada Antonio Lamer reviewed the arrests and prosecutions of Randy Druken and Gregory Parsons, and the delayed hearing of the appeal of Ronald Dalton. All three men had been wrongly convicted, and the Lamer Commission was charged with ascertaining how the administration of justice had in their cases failed. AIDWYC was granted standing before the Commission in respect of its Terms of Reference.

Documents

The Commission of Inquiry into Certain Aspect of the Trial and Conviction
of James Driskell
Manitoba (2007) Commissioner and former Chief Justice of the Superior Court of Ontario Patrick LeSage was tasked with examining the circumstances surrounding the wrongful conviction of James Driskell. The Commission's mandate specifically directed, among other issues, an examination of the conduct of the Crown prosecutor's office and of now-disgraced Crown Attorney George Dangerfield. AIDWYC was granted standing before the Commission.

Documents

Commission of Inquiry into the Wrongful Conviction of David Milgaard
Saskatchewan (2008) Commissioner and Justice of the Alberta Court of Queen's Bench Edward P. MacCallum was mandated to examine any and all aspects of the investigation of the death of Gail Miller, and of the trial and conviction of David Milgaard in connection with the crime. Of particular interest to the Commission was whether the investigation should have been re-opened upon the receipt, after Milgaard's conviction, of information that may have been used to establish his innocence. AIDWYC was granted standing before the Commission.

Documents

Inquiry into Pediatric Forensic Pathology in Ontario ('The Goudge Inquiry')
Ontario (2009) Commissioner Justice Steven T. Goudge of the Ontario Court of Appeal examined the manner in which the criminally suspicious deaths of children were handled and prosecuted in Ontario. Of particular concern to the Commission were the conduct and qualifications of Dr. Charles Smith, whose opinions were instrumental to a number of confirmed wrongful convictions, including that of AIDWYC client William Mullins-Johnson. AIDWYC was granted standing before the Commission.

www.goudgeinquiry.ca
Documents