NCJ Number
68218
Date Published
1979
Length
110 pages
Annotation
THE ADVISORY AND INVESTIGATORY COMMISSIONS ACT AS PROPOSED BY THE LAW REFORM COMMISSION OF CANADA IS PRESENTED.
Abstract
PROMPTED BY CRITICISM FROM POLITICIANS, PRESS, AND WITNESSES BEFORE COMMISSIONS, THE LAW COMMISSION UNDERTOOK A REVIEW OF THE CURRENT INQUIRIES ACT BY CONSULTING WITH CHAIRMEN AND COUNSELS OF THE MAJOR COMMISSIONS, WITH A COMMITTEE SELECTED BY THE CANADIAN BAR ASSOCIATION FOR ITS MEMBERS' EXPERIENCE IN SUCH COMMISSIONS, AND WITH MANY OTHERS. THE PROPOSED ADVISORY AND INVESTIGATORY COMMISSIONS ACT EFFECTS A NUMBER OF REFORMS. THE ACT CAREFULLY DEFINES THE POWERS OF COMMISSIONS--FOR EXAMPLE, BY GIVING DIFFERENT POWERS TO ADVISORY AND INVESTIGATORY COMMISSIONS AND BY ESTABLISHING CRITERIA FOR THE ADMISSION OR REJECTION OF EVIDENCE. THE ACT AFFORDS GREATER PROTECTION FOR PARTICIPANTS IN COMMISSION PROCEEDINGS BY EXTENDING THE PRIVILEGES AVAILABLE TO WITNESSES IN JUDICIAL PROCEEDINGS TO WITNESSES TESTIFYING BEFORE COMMISSIONS. THE ACT CONTAINS PROVISIONS FOR ENCOURAGING OPENNESS AND PUBLIC PARTICIPATION. ALTHOUGH A COMMISSION MAY STILL HOLD CLOSED HEARINGS, THE TYPES OF CRITERIA GOVERNING THIS DISCRETION--FOR EXAMPLE, THE PROTECTION OF PERSONAL PRIVACY AND NATIONAL SECURITY--ARE SPELLED OUT. SOME PROVISIONS ATTEMPT TO INCREASE COMMISSION EFFICIENCY SUCH AS THE SECTION AUTHORIZING COMMISSIONS TO PREPARE RULES OF PROCEDURE, THE SECTION EMPOWERING A COMMISSION TO OBTAIN A SEARCH WARRANT, AND THE RECOMMENDATION TO PREPARE A GUIDE TO ASSIST COMMISSIONERS IN THE PERFORMANCE OF THEIR DUTIES. THE FRENCH VERSION OF THE REPORT IS INCLUDED. (SAJ)