Legal experts, senators raise concerns over independent review into N.S. massacre
'It is not a matter of how long this will take, it is about getting it right,' senators say
A day after the Nova Scotia and federal governments jointly announced an independent review into the mass shooting that left 22 people dead in Nova Scotia, many are left disappointed and frustrated with the decision not to hold a public inquiry — but some legal experts say it's not too late to make a change.
Families have spoken out since the announcement, voicing their unhappiness about the decision after three months of waiting for answers.
Legal experts, who have also been calling to see an inquiry held, along with four senators, are also voicing their doubts that this is the best possible route to find answers and prevent future tragedies.
But Nova Scotia's justice minister and the federal public safety minister say they believe this is the best possible option to find answers in a timely manner.
Nova Scotia's Public Inquiries Act allows for the commissioner, or commissioners, to summon anyone they wish to testify, require them to give evidence under oath and produce documents with the same power as held by a judge of the Supreme Court.
"This independent review utterly fails to satisfy those public expectations," Archie Kaiser, with the Dalhousie Schulich School of Law, told CBC Nova Scotia News at 6.
"I listened with interest to the minister's sad attempts to try to defend this structure. For example, they say that it's independent, but it doesn't have any structural guarantees of independence."
Senators Wanda Thomas Bernard, Mary Coyle, Colin Deacon and Stan Kutcher also issued a joint statement this week, voicing their concerns about whether the review will allow for the "breadth, depth, openness and transparency that is necessary."
"A comprehensive and open public inquiry would have a greater chance of providing a more thorough vetting of the complex issues involved in this tragedy," the statement reads.
"The Senators' expectation is that the Ministers will take concrete steps in following through on their commitment to transparency and accountability. It is not a matter of how long this will take, it is about getting it right."
Independent review
On Thursday, the two levels of government announced an independent three-personal panel, to be led by Nova Scotia's former top judge.
The panel will decide what hearings will be held publicly and all documents collected will be kept confidential.
The report, which will be made public, aims to look at the causes, context and circumstances that led to the gunman going on a 13-hour shooting rampage on April 18 and 19.
When asked by CBC's Information Morning on Friday whether the independent review was a final decision or if a public inquiry could still happen, Justice Minister Mark Furey did not directly answer, but noted that the panel could recommend further action if they feel it is required.
"We believe the review process is the most appropriate investigative process to advance at this time," Furey said.
Emphasis on timeliness
Furey also argued that a public inquiry can take two years to get the inquiry started, along with another 12 to 24 months of hearings.
"My focus on a review is trying to get this process started sooner," he said.
But Elaine Craig, with Dalhousie's Schulich School of Law, wonders why there is such an emphasis on rushing the review.
"None of the most directly affecting parties are calling for something quick," she said.
"This is the worst mass shooting in Canadian history and their single articulated priority over and over again seems to be, 'Let's get it done fast.'"
Craig also pointed out that there is no clear evidence that this process actually will be any faster.
"They're making an assumption about its timeliness that they haven't substantiated," she said.
Craig also said that calling it an independent review "might be a misnomer" because it is completely beholden to the governments to make sure that witnesses come forward.
The panel can notify the ministers and the public if someone fails to co-operate with the review, including if someone claims solicitor-client privilege or is concerned an ongoing police investigation could be compromised.
But the panel has no power to challenge claims of privilege.
"So it's not actually independent," Craig said.
"You would want to see a panel of commissioners that had the power to compel information, that had the power to compel information from, for example, the RCMP."
Craig said she does not share Furey's confidence that the panel can obtain and rigorously examine the evidence and information the same way a public inquiry could.
But she also said it's not too late to make changes. Craig said they could take the current panel and convert it to a public inquiry under the legislation
"This could be fixed easily. There is a statutory framework. For whatever inexplicable reason, the proposed process doesn't access powers that are readily available," she said.
Furey reiterated on Friday that the strength of the panel members and their fact-finding skills will allow them to seek answers.
"I would ask this of Nova Scotians: give them the opportunity to do their work."
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With files from CBC's Information Morning