The Oliphant Commission of Inquiry concerning the business dealing of Schreiber and Mulroney is finally underway today. Today I’d like to talk about public inquiries.

The government may, from time to time, establish commissions to conduct inquiries to investigate matters of interest. This typically happens when public interests are involved, and that alternative actions, such as criminal prosecution and civil action, are not satisfactory. For example, plane crashes and other natural and artificial disasters often result in an inquiry.

An inquiry may be established either through a special law, such as the Hospitals and Charitable Institutions Inquiries Act* in Ontario, or through the general legislation concerning the establishment of a public inquiry, such as the federal Inquiries Act.+

No matter how the commission is established, there are common threads that governs the commission. For example, certain common law doctrines, such as procedural fairness and natural justice, will always apply.

In addition to the doctrines above, most commissions have statutory powers to issue summons, subpoena, or request to compel a witness to testify. The commission may also conduct investigation over documents and transactions and take evidence (whether oral or real). Finally, a commission established under the federal Inquiries Act may confer its power to an international commission or tribunal.

A commission of public inquiry is not a court of law. Therefore, the commission cannot determine criminal or civil liabilities.

At the end of a public inquiry, the commissioner publishes his or her findings and makes recommendations to the government. Although the recommendations are not binding, they may be helpful in drafting future legislation and making improvement to current practices.

* R.S.O. 1990, c. H15

+R.S.C. 1985, c. I-11