CHAPTER 2
2.0.
PRINCIPLES APPLIED BY THE COMMISSION IN CONDUCTING ITS
PROCEEDINGS
The Commission was guided in its work by the foundational principles applicable
to independent commissions of inquiry. As has been explained by a leading
constitutional expert:
“Independent commissions of inquiry can be understood as a mechanism of
the executive branch of government established on an ad hoc basis to inquire
into and report on issues of public concern.” 2
It follows that Commissions of Inquiry are initiated by an executive order issued
pursuant to statutory authority. Of importance to note is the fact that in principle,
the power to establish commissions of inquiry is limited to the subject matters that
fall within the constitutional jurisdiction of the government that wishes to establish
it.
As is the practice, a Commission of Inquiry has the duty to make full, faithful and
impartial inquiry into the matters specified in the law that established the
Commission.
As explained in a leading international case:
An analysis of the forms and functions of Independent Commissions of Inquiry (Royal
Commission) in Canada
2
Francis Reginald Scott:
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