Commissioner of Cornwall Inquiry Again Upheld by Divisional Court

Stockwoods lawyers Brian Gover and Patti Latimer successfully upheld the decision by the Commissioner of the Cornwall Public Inquiry to hear evidence from two witnesses known as C-12 and C-13. The Ontario Provincial Police and several other parties applied for a determination that the evidence of these two witnesses fell outside the scope of the terms of reference of the Inquiry and argued that it was jurisdictional error for the Commissioner to hear the evidence, on the basis that it did not concern “historical” allegations of sexual abuse. The O.P.P. was supported in its application by the Attorney-General of Ontario.

A majority of the Court accepted the submission that the Commissioner was best placed to determine the relevance of this evidence to the matters in issue under his terms of reference, and were unwilling to interfere with his determination based on the arguments of the applicants. To read the decision, click here.