Can an inquiry be used to circumvent the federally prescribed criminal procedure?
British Columbia, Canada
The following excerpt is from Rundel v. British Columbia– Braidwood Commission, 2009 BCSC 814 (CanLII):
The inquiry process, the petitioners continue, cannot be used to circumvent the federally-prescribed criminal procedure. That would be coercive and incompatible with our notion of justice in the investigation of a particular crime and the determination of actual and probable criminal or civil liability. A commissioner can certainly make a determination of responsibility by implication. However, for an inquiry to be acting beyond its jurisdiction, the Commissioner need not make findings of guilt in the true sense of the word. He need not go so far as to say there has been criminal behaviour here. It will be ultra vires if such a conclusion can be found by implication. For this proposition, the petitioners rely on Starr v. Houlden, 1990 CanLII 112 (SCC), [1990] 1 S.C.R. 1366, 68 D.L.R. (4th) 641; and Nelles and Grange.
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