What is the current state of the law around procedural safeguards in a public inquiry?

Manitoba, Canada


The following excerpt is from Kreiner v. Auditor General et al., 2007 MBQB 61 (CanLII):

He submits that the courts have recognized that where such inquiries have the potential to damage reputations and careers, a high degree of procedural safeguards should be employed: Because public inquiries are generally high-profile, they receive intensive media coverage. Such publicity assists in satisfying one of the objectives of such an inquiry: education of the public. However, the risk of damage to reputations and careers in a public forum which lacks the institutional protections of judicial proceedings highlights the importance of procedural safeguards to protect individual rights. (Rigaux v. British Columbia, supra, para. 24.) … procedural fairness is essential for the findings of commissions may damage the reputation of a witness. For most, a good reputation is their most highly prized attribute. It follows that it is essential that procedural fairness be demonstrated in the hearings of the commission. (Krever SCC, supra, para. 55.)

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