Public inquiries in Canada are considered by many to be an important instrument of government and in particular, useful in investigating concerns relating to systemic and institutional misconduct. Health issues such as the safety of the blood supply system, explosions in mines, police conduct, child abuse, wrongful convictions and Aboriginal issues, are some of the subjects that have been examined in Canadian public inquiries. This course will examine the history, purpose and value of public inquiries in Canada, the different types of inquiries, and the differences between public inquiries and civil and criminal trials. A study will be undertaken of the inquisitorial and adversarial processes, the role of the Commissioner, Commission Counsel as well as other parties involved in the Inquiry. Federal and Provincial Public Inquiry statutory provisions including the power to summon witnesses, search powers, and powers to punish for contempt will be explored. Constitutional issues will be canvassed as well as the rules of fairness and protections to witnesses. Proposals for reform as well as alternatives to public inquiries will be discussed. Comparison of Canadian Public Inquiries will be made with commissions and inquiries in other jurisdictions (eg: United States 9/11 Commission, Australia, New Zealand).

Pre/anti-requisites

Pre-Requisite: For students outside the ADLW specialization: ADLW 6740: Administrative Law: Overview and Current Developments or CCLW 6842: Canadian Administrative Law or Demonstrative substantive knowledge on Canadian administrative law principles.

Anti-requisite: LAW 6572 - Public Inquiries

NCA equivalence:

N/A

Terms Offered

Fall 24

Video conference available

Course Section: A

3.0 credits

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