Public inquiries play a critical role in investigating subjects of public concern and recommending solutions. These ad hoc bodies have addressed such diverse subjects as wrongful convictions, healthcare failings, systemic issues experienced by Indigenous Peoples, public safety incidents, infrastructure failures, and political corruption.
Led by two former commission counsel, this seminar introduces students to the unique features of public inquiries. By studying the lifecycle of a typical inquiry, participants will learn how these bodies create and adapt their own rules of evidence and procedure, apply inquisitorial and collaborative approaches to evidence-gathering, and formulate forward-looking recommendations. This chronological introduction to public inquiries will also highlight the social justice considerations that exist at every stage, from funding and standing for marginalized groups to the enforceability of recommendations once an inquiry concludes. In addition, particular attention will be paid to the responsibilities of commission counsel as investigators tasked with collecting evidence in the field and presenting it impartially. The course will ultimately situate public inquiries in relation to traditional court processes (including the prospect of judicial review and parallel civil or criminal proceedings).
This seminar promotes critical reflection about conventional forms of fact-finding and dispute resolution. Beyond learning how public inquiries work, students will contrast the inquisitorial and forward-looking nature of inquires with the court-based processes they have studied to date.
Method of Evaluation: 65% Final Paper (7,000-7,500 words), 10% Research Paper Proposal; 10% Research Paper Presentation; 15% Participation.