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Terms of Reference

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  1. 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.

  2. 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.

  3. 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.

  4. 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 duties.

  5. For more specific details, please refer to Order-in-Council #479/2005 (187Kb PDF).


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2006 Commission of Inquiry Into Certain Aspects of the Trial and Conviction of James Driskell