Goudge Inquiry: No public hearings until Nov. 12;

The Goudge Inquiry has announced that public hearings will commence on November 12, 2007.

Commissioner Stephen Goudge's mandate is to conduct: "a systemic review and assessment and report on:

the policies, procedures, practices, accountability and oversight mechanisms, quality control measures and institutional arrangements of pediatric forensic pathology in Ontario from 1981 to 2001 as they relate to its practice and use in investigations and criminal proceedings;

the legislative and regulatory provisions in existence that related to, or had implications for, the practice of pediatric forensic pathology in Ontario between 1981 to 2001;

and any changes to the items referenced in the above two paragraphs, subsequent to 2001
in order to make recommendations to restore and enhance public confidence in pediatric forensic pathology in Ontario and its future use in investigations and criminal proceedings.

But two factors would appear to severely limit the time that the Inquiry will have to fulfil this mandate A break will be taken between December 21, 2007, and January 7, 2008 - and Commissioner Stephen Goudge is required to deliver his report to the government no later than April 25, 2008.

That means there is less than six weeks available for the calling of evidence before the Christmas break - and less than four months available for the remainder of the evidence and preparation of the Commissioner's report.

The brief time available for the public sessions may well reflect the limitations placed on the Inquiry by Attorney General Michael Bryant.

For a start, the terms of reference specify that, "In fulfilling its mandate, the Commission shall not report on any individual cases that are, have been, or may be subject to a criminal investigation or proceeding.

Moreover, Goudge must fulfil his mandate, "without expressing any conclusion or recommendation regarding professional discipline matters involving any person or the civil or criminal liability of any person or organization."

There's more.

Goudge is required, to rely "wherever possible" on "representative witnesses on behalf of institutions", and he must consider relying on "overview reports" and "records" from the Chief Coroner's review which prompted calls for a public inquiry , "in lieu of calling witnesses."

He is also spared the the time-consuming task of having to consider the issue of compensating
individuals who claim that they have suffered harm as a result of Dr. Smith's investigations and opinions - meaning that compensation swill have to dealt with at another time and in another forum.

Limitations aside, the Goudge Inquiry is an unusual public inquiry because it has incorporated a private process.

A note on the Commission's Web-site indicates that following Goudge's opening statement "members of the Commission met privately with individuals or families affected by practices in Ontario's pediatric forensic pathology system between 1981 and 2001. "

But the note indicates that the meetings were not part of the formal hearing process, they will not form a basis for fact-finding, and "There are no transcripts of the meetings."

Harold Levy hlevy15@gmail.com...