Terms of Reference
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The Commission of Inquiry
appointed pursuant to an Order-in-Council will have the responsibility
to inquire into the conduct of Crown Counsel who conducted and managed
the trial of James Driskell and the subsequent appeal and departmental
reviews of his conviction. It is to consider whether that conduct
fell below the professional and ethical standards expected of lawyers
and agents of the Attorney General conducting prosecutions at the time.
The Commission of Inquiry will also have to inquire into whether the
Winnipeg Police Service failed to disclose material information to the
Crown before, during or after James Driskell's trial and, if so,
consider whether the non-disclosure contributed to a likely miscarriage
of justice in the prosecution against him. The Commission of
Inquiry is to consider the role of the RCMP Laboratory in the
prosecution of James Driskell, and to review any systemic issues that
may arise out of its role.
The Commission shall perform
its duties without expressing any conclusion or recommendation about the
civil or criminal liability of any person or organization, and without
interfering in any ongoing police investigation or criminal proceedings
relating to the murder of Perry Harder.
The Commission shall complete
its inquiry and deliver its final report containing its comments,
findings, conclusions and recommendations to the Attorney General.
The report must be in a form appropriate for public release.
To the extent the Commission
considers it advisable, it may rely on any transcript or record of any
proceedings from any court in relation to the proceedings referred to
above on such other related material it considers relevant to its
For more specific details,
please refer to Order-in-Council
#479/2005 (187Kb PDF).