Has the Chief Medical Examiner recommended inquiry?

Sue's Blog has already written on Justice Minister's apparent ignorance of the law. King claimed it was up to him to call an inquiry under the Public Inquiries Act. He was wrong.

King however can call an inquiry - all on his own under the Fatalities Investigation Act.

This was the Act used for the call of a Judicial Inquiry into the deaths of Norman Reid and Darryl Power.

This type of inquiry considers the findings of the Chief Medical Examiner into a death or deaths.

Has the province's Chief Medical Examiner concluded his investigation into the death of Don Dunphy? Has that report been received by government? Has the report been received by the RCMP?

What does the report say? When will it be released?

Has Minister King reviewed the report?

Has any of the following occurred under the Fatalities Investigation Act?

Recommendation to the minister

      25. (1) Where the Chief Medical Examiner is of the view that it is necessary for the protection of the public interest or in the interest of public safety that an inquiry be held regarding one or more deaths that occurred under a circumstance referred to in section 5, 6, 7 or 8, he or she may recommend to the minister that a public inquiry be held.

         (1.1)  The committee may, either in the course of a review under this Act or on completion of a review, where the committee is of the view that it is necessary for the protection of the public interest or in the interest of public safety, recommend to the minister that a public inquiry be held.

             (2)  A recommendation under this section shall be in writing and be accompanied by all reports, documents and certificates that may be relevant to the death.

Powers and duties of minister

      26. Where the minister receives

             (a)  a recommendation by the Chief Medical Examiner under subsection 25(1); or

             (b)  a recommendation by the committee under subsection 25(1.1)

and the minister is satisfied that an inquiry is necessary for the protection of the public interest or in the interest of public safety, the minister may order that a judge conduct an inquiry and the inquiry shall be conducted within the parameters set out in Part IV of the Provincial Offences Act .

So Mr. King - you can call an inquiry - all on yor own - under the Fatalities Investigation Act. You should really take the time to understand the laws your department are responsble for.