Commissioner rejects 14 of 17 challenges at Ont. sex-abuse inquiry

Last Updated: Thursday, February 28, 2008 | 4:33 PM ET

CBC News

A judge has blocked attempts by some public authorities to throw out the prior testimony of more than a dozen witnesses at a public inquiry into sexual abuse in eastern Ontario.

Cornwall Public Inquiry Commissioner Normand Glaude ruled Thursday against 14 of 17 challenges filed in the wake of a January Ontario Court of Appeal ruling that appeared to limit the scope of the inquiry.

The inquiry is examining the response of public institutions to dozens of allegations of sexual abuse against members of the community in Cornwall and surrounding area over decades, starting in the 1950s.

The Cornwall Police Service, the Children's Aid Society and other institutions argued that they should not have to answer to certain witnesses' testimony as it no longer fell within the mandate of inquiry.

Abuse must be 'historical,' court says

They pointed to an Ontario Court of Appeal ruling on Jan. 18 that found the testimony of two witnesses about their treatment by Ontario Provincial Police was not relevant to the inquiry.

The court argued that the testimony did not fall within the commission's mandate as it involved a sexual assault that was reported immediately rather than an allegation that referred to an incident in the past, or what it called "historical" abuse.

The Appeal Court ruling also said the alleged perpetrators were not people in a position of trust and authority, as with other cases the commission is examining.

The court's statements about the inquiry's mandate opened the door to arguments about a variety of circumstances that might render testimony not relevant.

On Thursday, Glaude spent nearly two hours reviewing each of the 17 cases being challenged. He concluded that only three of the cases were outside the inquiry's mandate.

Lawyers for the Cornwall commission said they expect some of the institutions to challenge Glaude's ruling.