Should the N.W.T. hold a public inquiry into the 2023 wildfires? Some experts weigh in

As members of the N.W.T. Legislative Assembly prepare to vote Thursday on whether the territory should call a public inquiry last summer's wildfire response, some experts are also weighing in on the question.  

The former commissioner of a public inquiry in B.C. a decade ago said there would be many benefits to the N.W.T. holding one its own, looking at the past wildfire season — the biggest benefits being that it gives the public a chance to participate, and that it's conducted independently from the government.

Wally Oppal, a former judge and commissioner of the Missing Women Inquiry in B.C., said he isn't looking to argue with N.W.T. Premier R.J. Simpson, who does not support a public inquiry. 

But Oppal said a government-run review — which the premier favours — isn't independent.

"An inquiry is an investigation, an investigation into what happened, why it happened, and what was the response and was the public happy with it," he said. 

"They can be very useful." 

Oppal said B.C.'s Missing Women Inquiry, which looked into why police hadn't caught serial killer Robert Pickton earlier, was the result of a lot of public anger about how police handled the case. 

He said that although he's not as familiar with the situation in the N.W.T., he's heard there is also a lot of anger from residents concerning the wildfire evacuations. 

"They were not notified as to what was happening, and there may have been reasons for all of those things. But the public surely should have an opportunity to get involved in a process that's independent from government," he said. 

Oppal said there are downsides to a public inquiry including the length and the cost. He said the Missing Women Inquiry, which wrapped up in 2012, took nearly three years and cost around $10 million. But he said it did lead to valuable answers to "avoid the mistakes that were made." 

'The public can see what it's doing' 

Ed Ratushny, a law professor at the University of Ottawa and author of a book on public inquiries, says the benefit of a public inquiry is that it is done completely independent of the government and conducted by an appointed commissioner — typically a judge or former judge. 

"The commissioner of an inquiry has nothing to gain by coming to any conclusion except to have it completely correct, honest and helpful to the public," he said. 

Ratushny said there's also the transparency of the process.

"The public can see what it's doing," he said, adding the mandate of a commission of inquiry will focus on what the public is concerned about and how to deal with it. 

The commissioner has broad powers allowing them to call witnesses and documents and to look at everything thoroughly, Ratushny said.  

The N.W.T. premier, speaking with CBC News last week, said one of his concerns with calling a public inquiry is that the territory's Public Inquiries Act is outdated. It was passed into legislation in 1988.

Simpson also said cost would be another concern. He alluded to the most recent use of the Act, when a public inquiry was held into the conduct of Steve Norn, a former MLA.

"It was focused on one person, in one location, during a very narrow period of time — and that cost almost $1 million. So imagine what a review focusing on 70 per cent of the population would cost?" Simpson said.

Simpson argues that independent third-party reviews by the departments of Environment and Climate Change and Municipal and Community Affairs are enough. 

He also said that the fact those departments will be contracting independent parties should be sufficient, as those contractors will have their names on a review and won't want to compromise them. 

Simpson said there will also be public components to those reviews, and there can be terms of reference established to ensure the government doesn't compromise the findings before they're made public. 

Simpson suggested the scope of a public inquiry could expand to include thousands of witnesses testifying, and end up costing the government millions of dollars. 

Ratushny, however, said a good commissioner can make sure things are done efficiently, limiting the number of witnesses and ensuring the cost doesn't skyrocket. 

'I would call 'independent' a bit of a spin'

CBC News asked some Yellowknife residents on Wednesday about a public inquiry, and several of them said they didn't understand the exact difference between that and an independent third-party review. 

That could be because of the messaging around the two, according to Shaun Dean, former director of communications for N.W.T. premiers Caroline Cochrane and Bob McLeod.  

"I would call 'independent' a bit of a spin in this particular instance," said Dean.

"It's a synonym for hiring an outside contractor, but the contract is still with the government ... they're going to be doing their work largely behind closed doors."

Dean feels there are questions about the wildfire response that need to be answered — and answered in the right way. 

Like Oppal, he said regaining public trust is one of the most important things, and a public inquiry into what happened is the best way to do this. 

"We live, unfortunately, in an environment where trust in government is on the decline, and I think in the face of that I think it is incumbent on governments to go above and beyond in terms of gestures that indicate they can be trusted," Dean said.