Bill 185, Inquiry into Police Investigations of Complaints of Sexual Abuse Against Minors in the Cornwall Area Act, 2005

Versions

Bill 185 2005

An Act to establish a commission
to inquire into the investigations
by police forces of complaints of
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,

"Board of Internal Economy" means the Board of Internal Economy established under the Legislative Assembly Act; ("Commission de régie interne")

"Commission of Inquiry" means the commission of inquiry appointed under subsection 2 (1); ("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) Not later than 30 days after the day this Act receives Royal Assent, the Lieutenant Governor in Council shall appoint one or more persons as a commission to conduct an inquiry in accordance with this Act.

Nature of office

(2) A person appointed to the Commission of Inquiry shall be an officer of the Assembly.

Oath of office

(3) Before commencing to exercise the functions of office, a person appointed to the Commission of Inquiry shall take an oath, administered by the Speaker of the Assembly, that the person will faithfully and impartially exercise the functions of office.

Term of office

3. (1) Persons appointed to the Commission of Inquiry shall hold office until the Commission makes its report to the Speaker of the Assembly under section 10.

Replacement

(2) If a person appointed to the Commission of Inquiry dies, resigns or is unable or neglects to perform the functions of office, the Lieutenant Governor in Council may, on the address of the Assembly, appoint another person to the Commission in the place of the first person.

Nature of employment

4. (1) Persons appointed to the Commission of Inquiry shall work exclusively for the Commission and shall not hold any other office under the Crown or engage in any other employment.

Salary

(2) The Board of Internal Economy shall determine the salary and benefits payable to persons appointed to the Commission of Inquiry.

Staff

5. Subject to the approval of the Board of Internal Economy, the Commission of Inquiry may employ the employees that the Commission considers necessary to carry out its 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

6. Subject to the approval of the Board of Internal Economy, the Commission of Inquiry may lease the premises and acquire the equipment and supplies that the Commission considers necessary to carry out its duties under this Act.

Audit

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

Duties

8. 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 the 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 the complaints described 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 described in paragraph 1.

4. The circumstances that led to the commencement of private investigations in relation to the complaints described in paragraph 1 and the conduct of the investigations.

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

6. The expenses incurred by any person who financed a private investigation and the amount, if any, of reimbursement that the Crown should provide to those persons.

7. Any other relevant matter that the Commission of Inquiry considers necessary to conduct a full inquiry into the investigations of the complaints described in paragraph 1.

Procedure on an inquiry

9. (1) The Commission of Inquiry has the power to determine the conduct of and the procedure to be followed on the inquiry described in section 8.

Examination

(2) The Commission of Inquiry may examine any person, including any police officer, on oath or solemn affirmation on any matter mentioned in section 8 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 the powers described in subsections (2) and (3).

Report

10. (1) Upon completing its inquiry under section 8, the Commission of Inquiry shall make a report to the Speaker of the Assembly that shall include its findings and recommendations on the matters set out in that section.

Tabling

(2) The Speaker shall lay the report before the Assembly as soon as reasonably possible.

Crown bound

11. This Act binds the Crown.

Commencement

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

Short title

13. The short title of this Act is the Inquiry into Police Investigations of Complaints of Sexual Abuse Against Minors in the Cornwall Area Act, 2005.

EXPLANATORY NOTE

The Bill requires the Lieutenant Governor in Council to establish a commission to inquire into investigations by police forces of complaints of sexual abuse against minors in the Cornwall area. The persons appointed to the Commission of Inquiry are officers of the Legislative Assembly. The Commission of Inquiry has 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 the 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 the complaints of sexual abuse.

3. Whether there was any attempt by any person to conceal or subvert evidence or pursue leads in relation to the 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 the Government of Ontario should provide to those persons.

7. Any other relevant matter that the Commission of Inquiry considers necessary to conduct a full inquiry into the investigations of the complaints of sexual abuse.

Upon completing its inquiry, the Commission of Inquiry is required to make a report for presentation to the Assembly.