Bill 48, Inquiry into Police Investigations of Sexual Abuse Against Minors in the Cornwall Area Act, 2001

Versions

Bill 48 2001

An Act to establish
a commission of inquiry
to inquire into the investigations
by police forces into
sexual abuse against minors
in the Cornwall area

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"Commission of Inquiry" means the Commission of Inquiry into the investigation of sexual abuse against minors in the Cornwall area; ("Commission d'enquête")

"Cornwall area" includes the County of Stormont; ("région de Cornwall")

"police force" means the Ontario Provincial Police or a municipal police force; ("corps de police")

"sexual abuse" includes sexual interference, sexual touching, sexual exploitation, sexual assault, and any other related offences of a sexual nature in the Criminal Code (Canada). ("mauvais traitements d'ordre sexuel")

Commission of Inquiry

2. (1) The Lieutenant Governor in Council, on the address of the Assembly, shall, by commission, appoint one or more persons to conduct an inquiry in accordance with this Act.

Nature of office

(2) A person appointed under subsection (1) shall be an officer of the Legislature.

Time frame for appointment

(3) The appointment mentioned in subsection (1) shall be made not later than 30 days after the day this Act receives Royal Assent.

Term of office

3. (1) The Commission of Inquiry shall hold office until a report is made to the Speaker of the Assembly under section 11.

Salary

(2) The salary and benefits of a person or persons appointed to the Commission of Inquiry under subsection 2 (1) shall be determined by the Board of Internal Economy.

Nature of employment

(3) The Commission of Inquiry shall devote himself or herself exclusively to the duties prescribed by this Act and shall not hold any other office under the Crown or engage in any other employment.

Oath of office

4. Before commencing the duties of his or her office, the Commission of Inquiry shall take an oath, to be administered by the Speaker of the Assembly, that he or she will faithfully and impartially exercise the functions of his or her office.

In cases of death, resignation, etc.

5. If any person appointed to the Commission of Inquiry dies, resigns or is unable or neglects to perform the functions of his or her office, the Lieutenant Governor in Council may, on the address of the Assembly, appoint another person to conduct an inquiry in accordance with this Act.

Staff

6. Subject to the approval of the Board of Internal Economy, the Commission of Inquiry may employ such employees as the Commission considers necessary to carry out his or her duties under this Act and may determine their remuneration and benefits, which shall be comparable to the remuneration and benefits for similar positions or classifications in the public service of Ontario.

Premises and supplies

7. Subject to the approval of the Board of Internal Economy, the Commission of Inquiry may lease such premises and acquire such equipment and supplies as are necessary to carry out his or her duties under this Act.

Audit

8. The accounts and financial transactions of the office of the Commission of Inquiry shall be audited by the Provincial Auditor.

Inquiry

9. Within 90 days after the day this Act receives Royal Assent, the Commission of Inquiry shall commence an inquiry into the following matters:

1. Whether a police force investigating complaints after 1989 of sexual abuse against minors in the Cornwall area failed to conduct such investigations with a reasonable degree of diligence.

2. The circumstances that led to no charges being laid following investigations by a police force before 1995 into complaints of sexual abuse referred to in paragraph 1.

3. Whether there was any attempt by any person to conceal or subvert evidence or pursue leads in relation to the complaints referred to in paragraph 1.

4. The circumstances that led to the commencement of private investigations in relation to the complaints of sexual abuse referred to in paragraph 1 and the conduct of these investigations.

5. Whether private investigations contributed to the laying of charges arising from the complaints of sexual abuse referred to in paragraph 1.

6. The expenses incurred by any person who financed a private investigation and the amount, if any, of reimbursement that should be provided by the Government of Ontario to such persons.

7. Any other relevant matter that the Commission of Inquiry considers necessary to conduct a full inquiry into the investigations of sexual abuse against minors in the Cornwall area.

Procedure on an inquiry

10. (1) The conduct of and the procedure to be followed on the inquiry referred to in section 9 is under the control and direction of the Commission of Inquiry.

Examination on oath or
affirmation

(2) The Commission of Inquiry may examine any person, including any police officer, on oath or solemn affirmation on any matter referred to in section 9 and may in the course of the examination require the production in evidence of documents or other things.

Application of the
Public Inquiries Act

(3) The Commission of Inquiry has the powers conferred on a commission under Parts II and III of the Public Inquiries Act and those Parts apply to an inquiry held under this Act.

Delegation

(4) The Commission of Inquiry may authorize in writing any person or group of persons to exercise his or her powers under subsections (2) and (3).

Report

11. (1) Upon completion of an inquiry under section 9, the Commission of Inquiry shall prepare a report for the Speaker of the Assembly who shall lay the report before the Assembly as soon as reasonably possible.

Contents of report

(2) The report shall include findings and recommendations on the matters set out in section 9.

Crown bound

12. This Act is binding upon the Crown.

Commencement

13. This Act comes into force on the day it receives Royal Assent.

Short title

14. The short title of this Act is the Inquiry into Police Investigations of Sexual Abuse Against Minors in the Cornwall Area Act, 2001.

EXPLANATORY NOTE

The Bill establishes a Commission of Inquiry to inquire into investigations by police forces into sexual abuse against minors in the Cornwall area. The Commission of Inquiry is established as an office of the Legislature, and is given the powers of a commission under Parts II and III of the Public Inquiries Act. The Commission of Inquiry is required to inquire into the following matters:

1. Whether a police force investigating complaints after 1989 of sexual abuse against minors in the Cornwall area failed to conduct such investigations with a reasonable degree of diligence.

2. The circumstances that led to no charges being laid following investigations by a police force, before 1995, into complaints of sexual abuse.

3. Whether there was any attempt by any person to conceal or subvert evidence or pursue leads in relation to complaints of sexual abuse.

4. The circumstances that led private individuals to commence private investigations in relation to the complaints of sexual abuse.

5. Whether private investigations contributed to the laying of charges arising from the complaints of sexual abuse.

6. The expenses incurred by any person who financed a private investigation and the amount, if any, of reimbursement that should be provided by the Government of Ontario to such persons.

7. Any other relevant matter that the Commission of Inquiry considers necessary to conduct a full inquiry into the investigations of sexual abuse against minors in the Cornwall area.

Following the completion of inquiry, the Commission of Inquiry is required to prepare a report for presentation to the Assembly.