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Letter from Judge Cory
on
the Inquiries Bill
and the case of Pat Finucane
Tuesday, March 15th,
2005
Dear Chairman Smith:
The proposed legislation pertaining to the public inquiries is unfortunate to
say the least.
First, it must be remembered that when the Weston Park Accord was signed, the
signatories would have had only one concept of a public inquiry. Namely, that it
would be conducted pursuant to the 1921 Public Inquiry Act. Indeed, as an
example the Bloody Sunday Inquiry would have commenced its work as a public
inquiry by that time.
The families of the victims and the people of Northern Ireland would have
thought that if a public Inquiry were to be directed it would be brought into
existence pursuant to the1921 Public Inquiry Act.
To change the ground rules at this late date seems unfair. It seems as well
unnecessary since the security of the realm would be ensured by the courts when
the issue arose in a true public inquiry. My report certainly contemplated a
true Public Inquiry constituted and acting pursuant to the provisions of the
1921 Act.
Further, it seems to me that the proposed new Act would make a meaningful
inquiry impossible. The commissions would be working in an impossible situation.
For example, the Minister, the actions of whose ministry was to be reviewed by
the public inquiry would have the authority to thwart the efforts of the inquiry
at every step. It really creates an intolerable Alice in Wonderland situation.
There have been references in the press to an international judicial membership
in the Inquiry. If the new Act were to become law, I would advise all Canadian
judges to decline an appointment in light of the impossible situation they would
be facing. In fact, I cannot contemplate any self respecting Canadian judge
accepting an appointment to an inquiry constituted under the new proposed act.
Yours sincerely,
The Hon. Peter deC. Cory
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