- The Commission of Inquiry appointed pursuant to
this Order will have the responsibility 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 Edgar Milgaard on the
charge that he murdered Gail Miller. The Commission of Inquiry will
also have 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 shall report its findings and make such
recommendations as it considers advisable relating to the
administration of criminal justice in the province of Saskatchewan.
- The Commission shall perform its duties without
expressing any conclusion or recommendation regarding the criminal
or civil responsibility of any person or organization, and without
interfering in any ongoing criminal or civil proceeding.
- The Commission shall complete its inquiry and
deliver its final report containing its comments, findings,
conclusions and recommendations to the Attorney General. The report
must be in a form appropriate for release to the public, in
accordance with The Freedom of Information and Protection of
Privacy Act and other laws.
- To the extent the Commission considers it
advisable, it may rely on any transcript or record of any
proceedings from any court in relation to the proceedings referred
to above and on such other related material it considers relevant to
its duties.
- The Commission shall have the power to hold
public hearings but may, at the discretion of the Commissioner, hold
some proceedings in camera.
- The Commission shall, as an aspect
of its duties, determine applications by those parties, if any, or
those witnesses, if any, to the public inquiry that apply to the
Commission to have their legal counsel paid for by the Commission,
and further, determine at what rate such Counsel shall be paid for
their services.
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