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| Inquiries Act (Canada) | |
|---|---|
| Name | Inquiries Act |
| Legislature | Parliament of Canada |
| Citation | RSC 1985, c I-11 (as amended) |
| Introduced by | Minister of Justice |
| Royal assent | 1985 |
| Status | in force |
Inquiries Act (Canada)
The Inquiries Act is federal Canadian legislation that provides the statutory framework for public inquiries under the authority of the Parliament of Canada and the Governor General of Canada. It establishes procedural powers, appointment mechanisms, and reporting requirements for commissions of inquiry instituted in response to events such as the Air India Bombing, the Gomery Commission, and national crises involving departments like Indigenous and Northern Affairs Canada and agencies such as the Royal Canadian Mounted Police. The Act intersects with constitutional actors, administrative regimes, and judicial institutions like the Supreme Court of Canada and coordinating bodies including the Privy Council Office.
The Act was enacted to replace ad hoc arrangements with a uniform statutory scheme for inquiries instigated after incidents such as the Paul Bernardo investigations and public controversies involving institutions like the Department of National Defence and the Canada Revenue Agency. It aims to balance the investigatory reach of commissions with rights protected by the Canadian Charter of Rights and Freedoms, preservation of evidence relevant to the Air India Inquiry, and public confidence exemplified in high-profile probes like the Gomery Commission and the Shawcross Doctrine debates. The statute clarifies executive authority under instruments associated with the Governor General in Council and the Minister of Justice (Canada).
The Inquiries Act was adopted in the mid-1980s amidst evolving public expectations after inquiries such as the Krever Commission and the aftermath of events like the École Polytechnique massacre. Amendments and judicial interpretation have been shaped by litigation in courts including the Federal Court of Canada and appellate rulings up to the Supreme Court of Canada. Legislative reviews have referenced international comparisons such as the United Kingdom's Inquiries Act 2005 and commissions in jurisdictions like the Royal Commission on Aboriginal Peoples and the Truth and Reconciliation Commission of Canada. Parliamentary committees including the Standing Committee on Justice and Human Rights have periodically considered reform proposals.
The Act authorizes appointment of commissioners by the Governor in Council and empowers them to summon witnesses, require documents, and take oaths, subject to protections reflected in decisions from the Ontario Court of Appeal and the Quebec Court of Appeal. It sets terms for interim and final reports, confidentiality measures, and direction on classified material involving departments such as Global Affairs Canada and agencies like the Canadian Security Intelligence Service. Provisions interact with privilege doctrines recognized in cases from the Federal Court and may implicate statutes including the Access to Information Act and the Privacy Act. The Act also stipulates remuneration aligned with guidelines from the Treasury Board of Canada Secretariat.
Under the Act, inquiry establishment follows an order-in-council process initiated by the Prime Minister of Canada or ministers such as the Minister of Public Safety and Emergency Preparedness, often after events involving entities like the Canadian Armed Forces or incidents such as the SNC-Lavalin affair. Orders specify mandate, scope, timelines, and procedural rules, potentially referencing precedent commissions like the Miller Inquiry and the Maher Arar Inquiry. The procedures provide for public hearings, in-camera sessions when national security or privilege issues arise involving the Communications Security Establishment, and mechanisms to coordinate with prosecutorial authorities such as the Public Prosecution Service of Canada.
Commissioners, who may be judges from bodies like the Federal Court of Canada or notable figures such as former justices of the Supreme Court of Canada, are charged with fact-finding, making findings of systemic failure, and issuing recommendations to entities such as the House of Commons of Canada and the Senate of Canada. They must navigate evidentiary rules informed by precedents like R v. Stinchcombe and balance disclosure obligations under the Canadian Charter of Rights and Freedoms with privilege claims asserted by institutions such as the Royal Canadian Mounted Police and corporations including Bombardier. Commissioners may coordinate with regulatory bodies like the Canadian Human Rights Commission when mandates touch on discrimination.
The Act operates alongside statutes including the Access to Information Act, the Privacy Act, and the Public Inquiries Act equivalents in provincial regimes like Ontario’s inquiries framework. Judicial oversight by courts such as the Supreme Court of Canada can review orders for legality, and interactions with prosecutorial secrecy, public interest immunity, and national security legislation like the Security of Information Act shape inquiry conduct. Parliamentary scrutiny through committees like the Standing Committee on Public Accounts and executive instruments from the Privy Council Office further modulate the Act’s application.
Critics — including scholars from institutions like the University of Toronto and advocacy groups such as the Canadian Civil Liberties Association — argue the Act grants excessive discretion to the executive branch and produces recommendations with limited enforcement, citing inquiries like the Gomery Commission and debates over the Maher Arar Inquiry as examples. Reform proposals from the Law Commission of Canada and reports by the Standing Committee on Justice and Human Rights suggest increased transparency, stronger protections for witness participation drawn from models like the Inquiries Act 2005 (UK), and statutory obligations for governments to respond to recommendations, mirroring mechanisms used by the Truth and Reconciliation Commission of Canada. Proposals also address coordination with criminal processes involving the Royal Canadian Mounted Police and enhanced oversight by the Auditor General of Canada.
Category:Canadian federal legislation