Commissions of Inquiry

Judges Appointed to Commissions of Inquiry

For some Canadians, the most we hear from judges is when they deliver publicized reports stemming from their work on a Public Inquiry. The high profile that often comes with a government’s decision to pursue an inquiry means that the appointment of a judge and how he or she manages that inquiry are closely watched.

There are many reasons why government may choose to appoint a judge to head a public inquiry, not the least of which is the independence that comes with the position of judge. This independence contributes directly to ensuring that the process and its outcomes are impartial and fair. Judges who agree to sit as Commissioners do so in order to contribute to a process in which the public can have confidence.

The Protocol on the Appointment of Judges to Commissions of Inquiry, adopted by Council in August 2010, is intended to facilitate the important and necessary dialogue between the judiciary and government about their respective roles and responsibilities in relation to public inquiries. Council worked with key partners, including government, in finalizing the Protocol which will hopefully contribute to the discussion that must be undertaken to ensure that public inquiries continue to perform effectively.