Governments establish public inquiries to investigate and report on matters of substantial public interest related to the good governance or the public business within a jurisdiction. The mandate of each inquiry is set out in its terms of reference and/or the Order in Council which establishes the Commission.

A Commission of inquiry is established and paid for by government, however, it is an independent body.

A public inquiry is not a trial. The Commission performs its duties without expressing conclusions about civil or criminal liability of any person or organization.

Commissions of inquiry hear evidence by way of a public hearing. The hearing functions in much the same way as a court of law, although not all of the same rules apply. Like a judge, the Commissioner presides over the proceedings and hears sworn testimony from witnesses who have been called to testify by Commission Counsel. Parties with standing are allowed to cross examine the witnesses and the public is allowed to attend the hearing.

The Lieutenant Governor in Council appoints a Commissioner to head a public inquiry. The Commissioner is responsible for reporting findings and making recommendations relating to the administration of justice in the province. The Commissioner has the power to summon witnesses, require them to give evidence, and require them to produce documents.

The Honourable Mr. Justice Edward P. MacCallum, a judge of the Alberta Court of Queen’s Bench, is the Commissioner of the Milgaard Inquiry.

Commission Counsel are lawyers who work for the Commissioner. Their role is to represent the public interest. Commission Counsel do not represent any particular interest or point of view and, unlike in a trial, their role is neither adversarial nor partisan.

Commission Counsel play a key role in locating, organizing and preparing the presentation of evidence. They are responsible for bringing all relevant evidence to the attention of the Commissioner and, through the public hearing process, to the public at large.

Mr. Doug Hodson, Q.C. is Commission Counsel for the Milgaard Inquiry. He is assisted by Ms. Vanessa Monar Enweani, Mr. Jordan Hardy, and Mr. John Agioritis.

Parties with standing are allowed to participate in the inquiry process. To have "standing" means that the party has demonstrated to the Commissioner that it has a direct and substantial interest in the matters being examined by the inquiry. Parties with standing participate in the public hearing, cross-examine witnesses, and are entitled to other provisions outlined in the Commission’s Rules of Practice and Procedure.

Those parties who apply for standing, are also entitled to apply for funding. If funding is granted, the Commission pays for the parties’ costs associated with participation in the inquiry process. Funding is awarded when a party demonstrates that it would not be able to participate without public funding. The aim of funding is to assist parties with standing in presenting their interests and perspectives but it is not intended to compensate for all costs incurred.

Fourteen parties have been granted standing in the Milgaard Inquiry. Of those parties, ten have been granted funding.

The Milgaard Inquiry has a mandate to inquire into and report on any and all aspects of the conduct of the investigation into the death of Gail Miller, and the subsequent criminal proceedings resulting in the wrongful conviction of David Milgaard on the charge that he murdered Gail Miller.

The Commission also has the responsibility to seek to determine whether the investigation should have been re-opened based on information subsequently received by the police and the Department of Justice.

The Commission will report its findings and make such recommendations as it considers advisable relating to the administration of criminal justice in the province of Saskatchewan.

Commission Counsel determines who will be called to testify at the inquiry. It is Commission Counsel’s responsibility to ensure that all evidence that bears on the public interest is brought to the Commissioner’s attention.

The Commission's complete witness list may be viewed on the Witness list page.

Yes, the Commission is committed to a process of public hearings. Members of the media and the general public are welcome to attend the proceedings. A schedule of dates and locations of the hearing is posted to the Commission web site and will be advertised in the local newspaper.

The terms of reference of the Commission give the Commissioner the power to hold some proceedings in camera (confidential) in special circumstances. The Rules of Practice and Procedure contain additional information about this provision.

The Milgaard Inquiry public hearing convened for a total of 191 days between January 17, 2005 and October 4, 2006.  The Commissioner is now preparing his final report which will be delivered to the Minister of Justice upon completion.

The Commissioner is responsible for delivering the final report to the Minister of Justice. It is the responsibility of the Minister of Justice to release the report to the public.

© 2006 Commission of Inquiry Into the Wrongful Conviction of David Milgaard