WHEREAS allegations of abuse of young people have surrounded the City of Cornwall and its citizens for many years. The police investigations and criminal prosecutions relating to these allegations have concluded. Community members have indicated that a public inquiry will encourage individual and community healing;
AND WHEREAS under the Public Inquiries Act, R.S.O. 1990, c. P.41, the Lieutenant Governor in Council may, by commission, appoint one or more persons to inquire into any matter connected with or affecting the good government of Ontario or the conduct of any part of the public business thereof or the administration of justice therein or any matter of public concern, if the inquiry is not regulated by any special law and if the Lieutenant Governor in Council considers it desirable to inquire into that matter;
AND WHEREAS the Lieutenant Governor in Council considers it desirable to inquire into the following matters. The inquiry is not regulated by any special law;
THEREFORE, pursuant to the Public Inquiries Act:
Establishment of the Commission
1. A Commission shall be issued effective April 14, 2005, appointing the Honourable G. Normand Glaude as a Commissioner.
2. The Commission shall inquire into and report on the institutional response of the justice system and other public institutions, including the interaction of that response with other public and community sectors, in relation to:
(a) allegations of historical abuse of young people in the Cornwall area, including the policies and practices then in place to respond to such allegations, and
(b) the creation and development of policies and practices that were designed to improve the response to allegations of abuse in order to make recommendations directed to the further improvement of the response in similar circumstances.
3. The Commission shall inquire into and report on processes, services or programs that would encourage community healing and reconciliation in Cornwall.
4. The Commission may provide community meetings or other opportunities apart from formal evidentiary hearings for individuals affected by the allegations of historical abuse of young people in the Cornwall area to express their experiences of events and the impact on their lives.
5. The Commission may, to the extent it considers advisable, refer to and rely on the following materials:
(a) any transcript or record of public preliminary matters, trial, or appeal proceedings before any court or statutory tribunal;
(b) factual overview reports prepared by any party;
(c) the testimony of any representative witness of any party, including parties electing to file a factual overview report; and
(d) medical, professional, social science and similar evidence and background information related to the causes, consequences, and responses to the abuse of young people.
6. The Commission shall ensure that the disclosure of evidence and other materials balances the public interest, the principle of open hearings, and the privacy interests of the person(s) affected, taking into account any legal requirements.
7. The Commission shall perform its duties without expressing any conclusion or recommendation regarding the civil or criminal liability of any person or organization. The Commission, in the conduct of its inquiry, shall ensure that it does not interfere with any ongoing legal proceedings relating to these matters.
8. The Commission shall complete this inquiry and deliver its final report containing its findings, conclusions and recommendations to the Attorney General. In delivering its report to the Attorney General the Commission shall ensure that the report is in a form appropriate and in sufficient quantities for public release and be responsible for translation and printing, and shall ensure that it is available in both English and French, in electronic and printed versions. The Attorney General shall make the report available to the public.
9. Part III of the Public Inquires Act applies to the inquiry and the Commission conducting it.
10. The Commission may make recommendations to the Attorney General regarding funding to parties who have been granted standing, to the extent of the party’s interest, where in the Commission’s view the party would not otherwise be able to participate in the inquiry without such funding. Any such funding recommendations shall be in accordance with Management Board of Cabinet Directives and Guidelines.
11. Within an approved budget, the Commission may retain such counsel, staff, investigators and expert advisors as it considers necessary in the performance of its duties at reasonable remuneration approved by the Ministry of the Attorney General. They shall be reimbursed for reasonable expenses incurred in connection with their duties in accordance with Management Board of Cabinet Directives and Guidelines.
12. The Commission shall follow Management Board of Cabinet Directives and Guidelines and other applicable government policies in obtaining other services and goods it considers necessary in the performance of its duties unless, in the Commissioner’s view, it is not possible to follow them.
13. All ministries, Cabinet Office, the Office of the Premier, and all agencies, boards and commissions of the Government of Ontario shall, subject to any privilege or other legal restrictions, assist the Commission to the fullest extent so that the Commission may carry out its duties.