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cornwall

the inquiry


Cornwall Public Inquiry

COMMISSIONER’S STATEMENT

 

JUNE 29, 2007

 

THERE SEEMS TO BE A NATURAL RHYTHM IN THE YEAR’S JOURNEY,

PLACES ON THE CALENDAR THAT MARK A PAUSE, A TIME TO LOOK

BACK AND LOOK FORWARD. I THINK EVERYONE NEEDS TO STOP

AND LOOK AT THE MAP BEFORE RETURNING TO THE DAY-TO-DAY

STEPS THAT ACCOMPLISH THE JOURNEY.

 

IN JANUARY I GAVE YOU AN OVERVIEW OF WHAT I SAW COMING

OVER THE NEXT FEW MONTHS. TODAY, I WILL BE GIVING YOU A

FURTHER ITINERARY FOR OUR WORK TOGETHER. JUNE, THE

SCHOOL YEAR-END, IS A TIME FOR REFLECTION ON PAST

ACCOMPLISHMENTS AND FOR ANTICIPATION OF THE FUTURE. AS

THOUSANDS OF STUDENTS IN THE FOUR BOARDS SERVING THIS

COMMUNITY LOOK FORWARD TO THEIR SUMMER AND RETURN TO

SCHOOL IN THE FALL, I TOO LOOK FORWARD TO PROGRESS IN

MEETING THE MANDATE OF THE CORNWALL PUBLIC INQUIRY.

 

THIS SUMMER CONCLUDES MOST OF THE WORK ON HEARING FROM

VICTIMS OR ALLEGED VICTIMS WHO MADE COMPLAINTS TO

INSTITUTIONS REGARDING SEXUAL ABUSE EXPERIENCED AS

CHILDREN OR YOUTH. I EXPECT THAT BY THE END OF AUGUST THIS

EVIDENCE WILL BE COMPLETE, AND THE INQUIRY WILL THEN TURN

TO NEW CHAPTERS OF EVIDENCE.

 

A PUBLIC INQUIRY ALWAYS HAS A RESPONSIBILITY TO EDUCATE

AND RAISE AWARENESS. THE CONTEXT EVIDENCE PROVIDED AT

THE INCEPTION OF THE INQUIRY’S HEARINGS WAS EXCEPTIONAL IN

THIS REGARD. BUT IT IS ALSO THE FACE OF HUMAN EXPERIENCE

THAT INCREASES AWARENESS ABOUT ISSUES THAT AFFECT EVERY

COMMUNITY.

 

THE ISSUE OF WHETHER THERE SHOULD BE ORAL TESTIMONY BY

VICTIMS AND ALLEGED VICTIMS WAS ONCE A MATTER OF DISPUTE.

I HAD TO MAKE A DECISION. IT IS A DECISION THAT HAS PROVEN

ITS VALUE IN BRINGING FORWARD IMPORTANT EVIDENCE, TESTING

THAT EVIDENCE AND PROVIDING A NEEDED SENSE OF HUMAN

EXPERIENCE TO THE MONUMENTAL DOCUMENTARY RECORD.

 

ANOTHER DECISION I MADE IN THE CONTEXT OF VICTIM

TESTIMONY WAS TO IMPLEMENT WITNESS SUPPORT. ORIGINALLY

SUGGESTED BY MR. BENNETT ON BEHALF OF HIS CLIENT, THE

MEN’S PROJECT, IT HAS NOW GARNERED POSITIVE COMMENTS

FROM MANY COUNSEL – AND FROM THOSE TESTIFYING.

 

I WANT TO ADDRESS THE CONTINUATION OF WITNESS SUPPORT.

YOU MIGHT THINK THAT AS WE MOVE TO FUTURE STAGES OF

WORK THAT WITNESS SUPPORT IS NOT NEEDED. NOT SO. AND

THERE ARE IMPORTANT REASONS WHY.

 

IN THE NEXT STAGES OF ADDUCING EVIDENCE, THE INQUIRY WILL

CONTINUE TO OFFER WITNESS SUPPORT TO THE EXTENT PEOPLE

WANT IT. THIS IS CONSISTENT WITH PRINCIPLES OF RESPECTFUL

CONDUCT OF THESE HEARINGS. OF COURSE, MANY WITNESSES

APPEARING THIS FALL AND WINTER ARE PROFESSIONALS

EMPLOYED BY THEIR INSTITUTIONS AND NOT TESTIFYING ABOUT

THEIR PERSONAL LIVES. ON THE OTHER HAND, I ALSO RECOGNIZE

THAT GIVING TESTIMONY AT A PUBLIC INQUIRY IS NOT JUST

ANOTHER DAY AT THE OFFICE. SO THE CORNWALL PUBLIC

INQUIRY WILL CONTINUE TO OFFER A RANGE OF SERVICES THAT

CAN BE ACCESSED BY THOSE APPEARING. AND I REMIND

EVERYONE OF THE AVAILABILITY OF COUNSELLING SUPPORT.

 

IN OTHER WORDS, I WANT TO EMPHASIZE THAT EACH STAGE OF

THE INQUIRY JOURNEY HAS DIFFERENT CHALLENGES AND

INFORMATION BUT ALL STAGES ARE BASED ON THE CONSISTENT

 

- 4 -

  

PRINCIPLES OF CONDUCT OF THESE HEARINGS: RESPECT,

OPENNESS, BALANCE AND THOROUGHNESS.

  

THE PRINCIPLE OF OPENNESS HAS SUPPORTED AN INCLUSIVE

APPROACH TO GRANTING OF PARTY STATUS. I HAVE, FOR

EXAMPLE, LEFT THE DOOR OPEN TO THE COALITION FOR ACTION

ON CHILD SEXUAL ABUSE IN CORNWALL THAT ORIGINALLY

SOUGHT STANDING AS A PARTY. THAT DOOR TO PURSUING THE

APPLICATION FOR STANDING IS STILL OPEN, PROVIDED LEGALLY

REQUIRED INFORMATION IS PROVIDED.

 

PRINCIPLES OF BALANCE AND THOROUGHNESS CONTINUE TO

GUIDE THIS INQUIRY. SO I WILL REMIND EVERYONE TO REMEMBER

THAT EVIDENCE AT AN INQUIRY IS PROVIDED OVER A LONG TIME.

THE FULL PICTURE IS NOT IN PLACE UNTIL ALL EVIDENCE IS

CONCLUDED. IT IS ESSENTIAL TO MAINTAIN AN OPEN MIND UNTIL

ALL EVIDENCE IS RECEIVED. AS I HAVE SAID IN THE PAST, IT IS

IMPORTANT TO BE RECEPTIVE TO THE FULL EVIDENTIARY RECORD,

IN ALL ITS COMPLEXITY AND CONSISTING OF THE FULL RANGE OF

PERSPECTIVES.

 

LOOKING FORWARD TO SEPTEMBER, THIS INQUIRY WILL MOVE TO

WRAP UP CONTEXT TESTIMONY BY HEARING FROM AN EXPERT OR

EXPERTS ON THE RESPONSE OF THE ROMAN CATHOLIC CHURCH TO

  

- 5 –

  

ALLEGATIONS OF CHILD SEXUAL ABUSE. THE INQUIRY WILL ALSO

RECEIVE INSTITUTIONAL BACKGROUND EVIDENCE FROM THE

CATHOLIC DISTRICT SCHOOL BOARD OF EASTERN ONTARIO.

  

HAVING COMPLETED CONTEXT AND VICTIM EVIDENCE, THE

INQUIRY WILL CALL WITNESSES WHO DO NOT THEMSELVES CLAIM

TO BE VICTIMS OF SEXUAL ABUSE BUT WHO TOOK AN INTEREST IN

ALLEGATIONS OF CHILDHOOD SEXUAL ABUSE IN CORNWALL.

OVER A CERTAIN PERIOD, INDIVIDUALS INTERVENED IN VARIOUS

WAYS, SOME MAKING PUBLIC THEIR VIEWS THAT THERE WAS

DISREGARD FOR OR MISHANDLING OF INFORMATION ABOUT

CHILDHOOD SEXUAL ABUSE IN CORNWALL. SOME WERE OF THE

VIEW THAT THERE WAS SUPPRESSION OF INFORMATION OR

DELIBERATE COVER-UP OF ABUSE OF CHILDREN AND YOUTH. THE

INQUIRY INTENDS TO CALL AS WITNESSES THOSE WHO CAN GIVE

EVIDENCE ON THIS PERIOD. BOTH MR. PERRY DUNLOP AND MRS.

HELEN DUNLOP CONTINUE TO BE OF INTEREST TO THE INQUIRY AS

POTENTIAL WITNESSES. COMMISSION COUNSEL WILL ALSO

PROVIDE DOCUMENTARY OVERVIEWS OF EVIDENCE.

 

PLANS ARE ALSO IN PLACE TO LOOK AT AN ISSUE THAT HAS BEEN

FREQUENTLY RAISED : THE ROLE OF THE MEDIA. ANECDOTALLY,

WITNESSES SAID THEY RESPONDED TO OR WERE INFLUENCED BY

THEIR PERCEPTION OF MEDIA COVERAGE. IT ALSO APPEARS THAT

 

- 6 –

  

THIS MAY HAVE BEEN A FACTOR FOR SOME INSTITUTIONS, OR

PERHAPS FOR ALL INSTITUTIONS, BUT AT DIFFERENT TIMES. THIS

INQUIRY SEEKS A MORE METHODICAL ANALYSIS OF THE HISTORIC

MEDIA RECORD. THIS MAY BE ACCOMPLISHED BY THE

UTILIZATION OF AN APPROPRIATE EXPERT WITNESS.

 

IN OCTOBER, THIS INQUIRY WILL AFFORD AN OPPORTUNITY FOR

THOSE WHO WERE INVESTIGATED OR CHARGED IN RESPECT TO

CHILDHOOD SEXUAL ABUSE. THESE WITNESSES WILL NOT BE

ASKED ABOUT THE FACTS SURROUNDING THE INVESTIGATION OR

CHARGES. INSTEAD, THEY WILL BE ASKED TO PROVIDE COMMENTS

OR EXPRESS CONCERNS ABOUT THE CONDUCT OF INSTITUTIONS

WITH WHICH THEY INTERACTED. IF THEY DO NOT SEIZE THIS

OPPORTUNITY, INQUIRY COUNSEL MAY PRESENT EVIDENCE

THROUGH THE MECHANISM OF DOCUMENTARY OVERVIEW.

 

INSTITUTIONAL RESPONSE IS A SIGNIFICANT PORTION OF THE

INQUIRY’S WORK THAT WILL KEEP THE INQUIRY OCCUPIED FOR

MANY MONTHS. WE ANTICIPATE PROCEEDING IN THE FOLLOWING

ORDER:

 

• INSTITUTIONAL RESPONSE EVIDENCE WILL START THIS FALL

WITH THE MINISTRY OF COMMUNITY SAFETY AND

CORRECTIONAL SERVICES

  

- 7 -

 

• THAT MINISTRY WILL BE FOLLOWED BY THE CORNWALL

POLICE

 

• THE DIOCESE OF ALEXANDRIA-CORNWALL WILL BE NEXT

 

• THE TWO SCHOOL BOARDS WILL PROCEED AFTER THAT

 

• THE CHILDREN’S AID SOCIETY OF STORMONT, DUNDAS &

GLENGARRY WILL FOLLOW

 

• THE OPP, IN BOTH ITS LOCAL ROLE AND IN ITS ROLE IN

RESPECT TO PROJECT TRUTH IS NEXT, OCCUPYING THE

LARGEST PERIOD OF TIME IN THE INSTITUTIONAL HEARINGS

CALENDAR

 

• THE MINISTRY OF THE ATTORNEY GENERAL WILL BE THE

LAST INSTITUTION GIVING TESTIMONY, WRAPPING UP IN JULY

2008.

 

AS IS THE CASE WITH ALL INQUIRIES, THIS INQUIRY MAY ISSUE

CONFIDENTIAL SECTION 5(2) NOTICES UNDER THE PUBLIC

INQUIRIES ACT. A SECTION 5(2) NOTICE IS A NOTICE OF

MISCONDUCT THAT CAN BE ISSUED TO AN INDIVIDUAL OR TO AN

INSTITUTION OR ORGANIZATION. NOTICES CAN BE ISSUED AND

 

- 8 -

  

AMENDED OVER THE LIFETIME OF THE INQUIRY, AS LONG AS AN

OPPORTUNITY TO BE HEARD IS PROVIDED TO THE INDIVIDUAL,

INSTITUTION OR ORGANIZATION RECEIVING THE NOTICE.

  

ALL COUNSEL ARE AWARE OF THE SCHEDULE I HAVE OUTLINED,

AND OF THEIR OBLIGATIONS. GIVEN THIS LONG NOTICE, I EXPECT

EVERYONE WILL BE PREPARED, AS WILL COMMISSION COUNSEL.

THERE SHOULD BE AS LITTLE SLIPPAGE AS HUMANLY POSSIBLE. I

EXPECT THAT EVERYONE INVOLVED WILL BE ACCOMMODATING

WITHIN THEIR SCHEDULES, TO REDUCE DELAY.

 

I DO RESPECT THAT COUNSEL HAVE OTHER LIVES, BOTH

PROFESSIONAL AND PERSONAL. FORTUNATELY, THEY ALSO HAVE

COLLEAGUES TO STEP IN. NO ONE PERSON’S INTEREST IS GREATER

THAN THE PUBLIC INTEREST AND THE PUBLIC INTEREST IS TO MOVE

FORWARD. I EXPECT EVERYONE TO PLAN ACCORDINGLY.

 

PHASE 2 RUNS PARALLEL TO PHASE 1. JULY MARKS THE FIRST

YEAR ANNIVERSARY FOR THE ADVISORY PANEL. I SAY THAT WITH

SOME SURPRISE, BECAUSE I AM STRUCK BY HOW MUCH HAS

HAPPENED AND BY WHAT HOPE AND ENERGY IS NOW DIRECTED

TOWARDS THE GOALS OF RENEWAL, OF BUILDING TRUST, OF

FINDING WHAT CAN UNITE A COMMUNITY.

 

- 9 -

   

ON MAY 2, WE HAD A MILESTONE DAY, CONVENING A MEETING

ENTITLED “BUILDING HOPE, TRUST AND PRIDE”. THAT DAY

ENGAGED A WIDE RANGE OF PARTICIPANTS IN CONSIDERING

HEALING AND RECONCILIATION. THE ADVISORY PANEL ARE

PLANNING ANOTHER SIMILAR DAY ON OCTOBER 18, 2007, AND

THERE MAY BE MORE IF IT APPEARS TO BE AIDING MOVEMENT TO

THE GOALS OF THE FUTURE. THE VISION FOR THAT FUTURE IS ONE

WITH “MADE IN CORNWALL” SOLUTIONS TO SUPPORT A RENEWED

COMMUNITY THAT INCLUDES THOSE WHO HAVE CARRIED THE

BURDEN OF CHILDHOOD SEXUAL ABUSE.

 

FROM THE MAY 2ND DAY, CAME VARIOUS IDEAS FOR MORE WORK.

THE ADVISORY PANEL AND INQUIRY STAFF ARE WORKING WITH

THOSE WHO ARE INTERESTED IN SEVERAL ISSUES, WITH

SUBGROUPS AND WITH LARGER GROUPS, MEETING AT VARIOUS

TIMES. THE ADVISORY PANEL PHILOSOPHY IS TO WALK WITH THE

COMMUNITY, TO RESPECT LOCAL EXPERIENCE AND EXPERTISE,

AND TO DO WHAT CAN BE DONE TO INSPIRE, SUPPORT AND

SOMETIMES PUSH GENTLY. IN TURN, THE PANEL HAS TOLD ME

THEY HAVE BEEN INSPIRED, SUPPORTED AND SOMETIMES PUSHED

BY THOSE THEY HAVE FELT HONOURED TO MEET. THIS WORK IS

UNIQUE AND HAS RISKS – THE RISK OF TRYING TO MAKE PROGRESS

ON HEALING, NOT JUST TO WRITE RECOMMENDATIONS ABOUT IT.

 

- 10 -

 

IT WILL BE ONE OF THE MOST INTERESTING JOURNEYS WITHIN THE

INQUIRY – ONE I HOPE CONTINUES LONG AFTER THIS INQUIRY HAS

DELIVERED ITS REPORT.

 

IN THE COURSE OF THIS PHASE 2 WORK, A WISE WOMAN OF THIS

COMMUNITY HAS SAID: “BE PATIENT, WE MUST HAVE FAITH IN

OURSELVES.” WE SHOULD ALL LISTEN TO HER.

 

PHASE 2 RESEARCH IS DELIBERATELY ACTION-ORIENTED. I HAVE

ANNOUNCED THOSE INITIATIVES APPROVED FOR FUNDING. WORK

HAS ALREADY BEGUN ON MANY ACTIVITIES. JUST A FEW

EXAMPLES INCLUDE:

 

• THE SOSA GROUP SELF-HELP EDUCATIONAL WEBSITE IS

UNDER CONSTRUCTION. SOSA IS A SURVIVOR-BASED GROUP

HERE IN CORNWALL.

 

• RESEARCH PREPARED BY THE MEN’S PROJECT ON AN

OMBUDSMAN OR OTHER ENTITY TO ACT AS A GUIDE OR

SUPPORT FOR THOSE WHO EXPERIENCE SEXUAL ABUSE IS

UNDERWAY; SO TOO IS RESEARCH INTO THE LEGAL AND

ETHICAL IMPLICATIONS OF APOLOGIES, TO BE CARRIED OUT

BY MS. LESLIE MACLEOD, AN EXPERIENCED MEDIATOR.

  

- 11 -

 

• THE CIRCLE OF CARE AND ACCOUNTABILITY, SPONSORED BY

THE ANGLICAN ST. JOHN THE EVANGELIST CHURCH, IS

STARTING ITS RESEARCH IN RESPECT ON TREATMENT

OPTIONS FOR MEN WHO, SADLY, WERE ABUSED AS CHILDREN

AND UNFORTUNATELY BECAME ABUSERS.

 

• THE GATEHOUSE IS STARTING WORK ON A RESEARCH

PROJECT TO PILOT A PARTICIPANT AND MENTORSHIP

PROGRAM; THE INTENTION IS TO TRANSFER APPROACHES

THAT WORK ELSEWHERE TO CORNWALL AND BUILD LOCAL

CAPACITY TO DO THIS WORK.

 

SEVERAL OF THE RESEARCH PIECES ARE EXCELLENT CANDIDATES

FOR WORKSHOPS OVER THE WINTER MONTHS OF 2008. THE

RESEARCH WILL HOPEFULLY HAVE ONTARIO-WIDE IMPLICATIONS –

AND PERHAPS BEYOND ONTARIO. WORKSHOPS WILL BE HERE,

DRAWING IN OTHERS TO LEARN FROM AND WITH CORNWALL.

  

ANOTHER UNIQUE ASPECT OF THE MANDATE OF THIS INQUIRY IS

THE CAPACITY TO HAVE INFORMAL NON-EVIDENTIARY

OPPORTUNITIES FOR PEOPLE TO RELAY THEIR EXPERIENCES AND

THE LIFE IMPACT OF THESE EXPERIENCES. THIS IS RATHER A

MOUTHFUL. WHAT THIS IS REALLY ABOUT IS ALLOWING PEOPLE

TO TALK OF THEIR JOURNEY IN A SAFE PLACE AND PERHAPS TO

 

- 12 -

 

LIGHTEN THEIR HEAVY BURDEN. THIS IS A PROCESS THAT WILL

BENEFIT FROM CONSULTATION -- BOTH ON TECHNICAL MATTERS

AND ON WHETHER THE PROCESS MEETS NEEDS OR EXPECTATIONS.

IT CAN ALSO HELP THOSE WHO ARE INTERESTED TO UNDERSTAND

WHAT IS POSSIBLE IN THESE INFORMAL PROCESSES AND WHAT IS

NOT. COMMISSION STAFF HAVE ALREADY HAD AN ALL-COUNSEL

MEETING, AND PLAN ANOTHER. THIS FALL, THE ADVISORY PANEL

INTENDS TO TALK TO PEOPLE WHO MAY WISH TO GIVE INFORMAL

ACCOUNTS OF THEIR EXPERIENCES AND THE IMPACT ON THEIR

LIVES. THEY WILL DISCUSS SOME OPTIONS, WALK THROUGH HOW

THEY COULD WORK, AND HEAR WHAT PEOPLE HAVE TO SAY. MY

DECISION ON HOW TO PROCEED WILL BE MADE BEFORE THE END OF

THIS YEAR SO WE CAN PREPARE FOR THESE OPPORTUNITIES.

  

MY STATEMENT TODAY HAS BEEN LENGTHY. THIS IS NOT

SURPRISING – IT IS THE PRODUCT OF MONTHS OF PLANNING AND

WORK. I HAVE SET OUT THE PATH THIS INQUIRY WILL TAKE. I

INTEND TO MOVE FORWARD ON THIS PATH. IN MOVING FORWARD,

THIS INQUIRY WILL NOT LEAVE CORE PRINCIPLES BEHIND, BUT

CARRY THEM FORWARD. AND I HOPE TO LEAVE THIS COMMUNITY

– AND ALL COMMUNITIES – WITH THE AWARENESS AND

KNOWLEDGE THAT WILL MAKE A DIFFERENCE.

  

- 13 –

 

I INTEND TO CONTINUE TO KEEP PARTIES AND THE PUBLIC

INFORMED OF OUR DIRECTIONS THROUGH REGULAR UPDATES LIKE

THIS. I EXPECT TO PROVIDE A FURTHER UPDATE IN AUGUST.

AMONG OTHER MATTERS, I WILL DETAIL CHANGES TO THE FALL

AND WINTER SCHEDULE DESIGNED TO INCREASE HEARING TIME.

  

AND FOR THOSE ON BREAK IN JULY, I HOPE YOU ENJOY THE TIME

OFF AND REST UP FOR A BUSY, IMPORTANT FALL. AND FOR THE

THOUSANDS OF CHILDREN OUT FOR THE SUMMER – THE STUDENTS

I SPOKE OF AT THE BEGINNING – I HOPE THEY HAVE A SAFE, ACTIVE

AND FUN SUMMER.

 
The Inquiry