Inquiry into Police Investigations of Complaints of Sexual Abuse Against Minors in the Cornwall Area Act, 2003 Guzzo, Garry J. — Bill 45 (37th Parliament, 4th Session)

Bill 45, 37-4

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Bill 45, Inquiry into Police Investigations of Complaints of Sexual Abuse Against Minors in the Cornwall Area Act, 2003

Guzzo, Garry J.

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Debates

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[37] Bill 45 Original (PDF)

Bill 45 2003

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

(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

(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

(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

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

(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

(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, 2003 .

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.

Date Bill stage Activity Committee

May 29, 2003

Ordered for Third Reading

May 29, 2003

Second Reading

Carried on division

May 22, 2003

First Reading

Carried

Debates and Progress

First Reading

May

22, 2003

Second Reading

Debate

May

29, 2003

Mr. Guzzo, Mr. Cleary, Mr. Christopherson, Mr. Beaubien, Mr.

Parsons, Mr. Stewart

May

29, 2003

Carried on division and with unanimous consent ordered for third

reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 45, 37-4
Type	bill
Volume / chapter	p37 s4 bill 45 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	1dab417701908e94ef5ade871647f9dc28ee3253

Source file is stored in the law ingest library (html).