SECRET
A Paper for H, E, the Governor and His Executive Council on the MacLennan Commission of Inquiry
1.
The purpose of this paper is to suggest that Yang J., Commissioner
to the MacLennan Commission of Inquiry, be directed to hold the
remainder of the hearings of the Inquiry in camera (private session)
and that a date be specified for the rendering of the Commissioner's
report.
2.
Powers under the Commissions of Inquiry Ordinance
The terms of the powers under the Ordinance are as follows:
Section 3: "The Governor in Council may specify the
subject of the inquiry and may direct
(a)
by what time a report thereon is to
be rendered.
(b)
that the holding of the Inquiry or
3.
parts thereof be in camera.
Both of these powers can be exercised by the Governor in Council at any
time up until the time that the Commissioner's report is received.
Arguments in favour of the proposals:
(a)
Time and Cost
The Commission of Inquiry was appointed on the 9th of July,
1980 and it began its hearings on the 11th August 1980. Originally
it was estimated that the Inquiry would complete its hearings
within 60 days. That estimate has been extended by the
Commission on at least five occasions. The most recent public
announcement on the question of the anticipated date for the
completion of the public hearings is the end of March, 1981 -
but that estimate has already been superseded: see Appendix A:
(Chronology of time estimates for completion of MacLennan
Inquiry). Had Nelligan been able to see the Inquiry through
there is little doubt but that these proceedings would have
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