Public Inquiries in Canada: Law and Practice, Second Edition

Public inquiries have an enormous impact on public policy in Canada, serving as fact-finder, investigator of systemic failures, and proposer of reforms in diverse areas of public concern. To accomplish all these varied and important objectives, the public inquiry has of necessity become a creative and flexible process. Assembling many voices and perspectives, Public Inquiries in Canada: Law and Practice, 2nd Edition provides guidance on how best to conduct the public inquiry process from beginning to end.

Practical in tone and providing a thorough overview of all stages of the inquiry process, Public Inquiries in Canada: Law and Practice, 2nd Edition is essential reading for all those involved in a public inquiry: lawyers, commissioners of inquiries (including judges), members of a commission team, witnesses, government staff, and the media. Even members of the public who have not been directly affected by the events leading to a public inquiry will find this book to contain a compelling discussion of what has become a vital tool in Canadian public policy.

New in this edition:

• New discussions and commentary on the Mass Casualty Commission, the Long- Term Care Homes Inquiry, and the Public Order Emergency Commission Inquiry.
• Novel approaches to participation, the development of trauma informed and restorative principles, creative approaches to the investigative and policy arms of inquiries, and best practices to promote the implementation of recommendations.
• Creative and new approaches to promote the expeditiousness, efficiency and transparency of public inquiries, and to ensure that inquiries are conducted in accordance with principles of procedural fairness.
• A new chapter on international public inquiries.

Praise for Public Inquiries in Canada:

• After nearly forty-five years of being immersed in and confined to the limitations of our adversarial system, with virtually no inquiry experience, Ronda, and Susan’s text was an indispensable gift to me. It offered a buffet of creative, refreshing, and practical fact-finding options that I had been previously unaware of. These included the use of witness panels, foundational documents, expert witness panels and community/participant roundtables. This flexibility allowed us to surgically discover the truth, while reducing the risk of causing further harm. Each time we faced what we feared would be another insurmountable challenge, this indispensable resource spawned a sensible path forward. It was our beacon, guiding not just the commissioners but our entire team every step of the way.

  J. Michael MacDonald, Counsel, Stewart McKelvey; Chair and Co-Commissioner, Mass Casualty Commission; Former Chief Justice of Nova Scotia.

• "Public Inquiries in Canada: Law and Practice" is the definitive resource for lawyers, legal scholars, and anyone interesting in learning about the intricacies of public inquiries in the Canadian legal landscape. The contributors to the text are experts in the field, who provide invaluable insight into the legal framework, procedural aspects and the very real practical considerations inherent in conducting public inquiries.

  Luisa Ritacca, Managing Partner, Stockwoods LLP; Co-counsel to the Office of the Chief Coroner, Goudge Inquiry; Party Counsel on the Mass Casualty Commission, Nova Scotia.

• Ronda and Susan’s book is essential reading for any lawyer engaging with a public inquiry or commission. As commission counsel, Public Inquiries in Canada was my go-to resource to understand the history and structure of past inquiries, what challenges other commissions faced and how they innovated to address those challenges. While each inquiry is unique and must be custom built to meet its mandate, Ronda and Susan’s is both a guidebook and a source of inspiration on how to climb what can often feel like an insurmountable mountain. Their work also provides critical insight to other inquiry participants on what a commission is trying to achieve and how best to advocate for your client in the circumstances.

  John Mather, Partner, DMG Associates; Commission Counsel, Public Order Emergency Commission; Associate Commission Counsel, Collingwood Public Inquiry; Duty Counsel, Ontario’s Long-Term Care COVID-19 Commission.

• "Public Inquiries in Canada: Law and Practice” is a must-read practical guide for governments contemplating establishing an inquiry, Commissioners and their counsel, lawyers for parties with standing and the interested public.

  Beth Symes, C.M., LSM, Counsel to Pauktuutit Inuit Women of Canada and others, National Inquiry into Missing and Murdered Indigenous Women and Girls.

• A tremendous resource and a must read for anyone contemplating becoming involved in a Public Inquiry and a bible for anyone who takes on the role of Commissioner or staff, whether legal or administrative.

  Barbara McIsaac, Q.C., Senior Counsel, Somalia Inquiry; Senior Counsel for the Government of Canada, Arar Inquiry.