Frequently Asked Questions
 

What is a public inquiry?
Who heads the inquiry?
Who are "Commission Counsel" and what is their role?
Who participates in the Inquiry?
Who has standing in the Taman Inquiry?
What is the purpose of the Taman Inquiry?
Who will testify at the Taman Inquiry?
Are the proceedings open to the public?
How long will the inquiry take?
Will the Commissioner's final report be made public?

What is a public inquiry?

Governments establish public inquiries to investigate and report on matters of substantial public interest related to the good governance or the public business within a jurisdiction. The mandate of each inquiry is set out in its terms of reference and/or the Order in Council which establishes the Commission.

A Commission of inquiry is established and paid for by government; however, it is an independent body.

A public inquiry is not a trial. The Commission performs its duties without expressing conclusions about civil or criminal liability of any person or organization.

Commissions of inquiry hear evidence by way of a public hearing. The hearing functions in much the same way as a court of law, although not all of the same rules apply.  Like a judge, the Commissioner presides over the proceedings and hears sworn testimony from witnesses who have been called to testify by Commission Counsel.  Parties with standing are allowed to cross examine the witnesses and the public is allowed to attend the hearing.

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Who heads the Inquiry?

The Lieutenant Governor in Council appoints a Commissioner to head a public inquiry.  The Commissioner is responsible for reporting findings and making recommendations relating to the administration of justice in the province.  The Commissioner has the power to summon witnesses, require them to give evidence, and require them to produce documents.

The Honourable Roger Salhany, Q.C., is the Commissioner of the Taman Inquiry.

Who are "Commission Counsel" and what is their role?

Mr. David M. Paciocco is commission counsel for this inquiry and is assisted by Mr. W. Vincent Clifford.

Commission Counsel is a lawyer who works for the Commissioner.  His role is to represent the public interest. Commission Counsel does not represent any particular interest or point of view and, unlike in a trial, his role is neither adversarial nor partisan.

Commission Counsel plays a key role in locating, organizing and preparing the presentation of evidence.  He is responsible for bringing all relevant evidence to the attention of the Commissioner and, through the public hearing process, to the public at large.

Who participates in the inquiry?

Parties with standing are allowed to participate in the inquiry process.  To have "standing" means that the party has demonstrated to the Commissioner that it has a direct and substantial interest in the matters being examined by the inquiry.  Parties with standing participate in the public hearing, cross-examine witnesses, and are entitled to other procedural rights outlined in the Commission's Rules of Practice and Procedure.

Who has standing in the Taman Inquiry?

It will be determined in early February 2008 who will have standing at this Commission.

What is the purpose of the Taman Inquiry?

The Taman Inquiry has a mandate to:

• Examine the conduct of the police investigations surrounding the death of Crystal Taman.
   
• Examine into whether all aspects of the prosecution of Derek Harvey-Zenk, including the Crown’s position on sentence, were conducted in accordance with the professional and ethical standards expected of lawyers and agents of the Attorney General.
   
• Examine whether the services provided to the family of Crystal Taman were sufficient having regard to the requirements of The Victims’ Bill of Rights.
   
• Give advice on whether findings on any of the above matters gives rise to a need for further study, review or investigation and if so, by whom.
   

The commissioner is to conduct his duties without expressing any conclusions or recommendations regarding the civil or criminal responsibility of any person or organization.

Who will testify at the Taman Inquiry?

Commission Counsel determines who will be called to testify at the inquiry.  It is Commission Counsel's responsibility to ensure that all evidence that bears on the public interest is brought to the Commissioner's attention.

Are the proceedings open to the public?

Yes, the Commission is committed to a process of public hearings.  Members of the media and the general public are welcome to attend the proceedings.  A schedule of dates and locations of the hearings will be posted to the Commission website and will be advertised in the local newspaper.

How long will the inquiry take?

The Taman Inquiry public hearing is currently scheduled to hear applications for standing in early February. It is estimated that the hearings will be scheduled during June, July and August, however the dates will be set after the standing hearings are completed. Once the public hearing concludes, the Commissioner will prepare his final report and deliver it to the Attorney General.

Will the Commissioner's final report be made public?

The Commissioner is responsible for delivering the final report to the Attorney General by September 30, 2008. It is the responsibility of the Attorney General to release the report to the public.