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4. Possible Effects of a clarification of the terms of reference :
(a) the reaction of the press and public :
This would no doubt depend on the form of the clarification.
If the draft above, without more, were to be adopted then a
mild reaction could be expected since such a direction really
only clarifies without restricting the present terms of reference.
If certain matters were expressly declared to be outside the terms
of reference then (depending on what these matters were) the
public reaction might be that the Governor in Council is trying
to curtail the enquiry or "cover up" some high-level misconduct.
(b)
the reaction of the persons involved in the Commission of Inquiry :
The comments in (a) above equally apply here. If Beveridge,
Q.C. thought that the Government was "muzzling the enquiry", he
might ask to be relieved as Counsel (i.e. resign). Whilst Yang J.
cannot resign he might feel that his position had become impossible.
If the Commissioner were to feel that his position had become
impossible he might allow his Counsel to refer the question of
the terms of reference to the High Court for a judicial decision
on the legality of the directions. It is possible that other
counsel, such as counsel for the MacLennan family, might take
the matter to the High Court without reference to the Commissioner.
Ag previously stated, such a challenge would be likely to fail.
It is unlikely that Court proceedings would be taken if a limited
redefinition or clarification of the terms of reference, such as
the draft above, were adopted.
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/ (c) efficacy ....