publications_unodc_commentary-e

distinction as commissioners without calling on the judiciary toundertake that task; 52 and(b) The function of a commission of inquiry ordinarily belongs not to thejudicial but to the executive sphere. That function is one ofinvestigating and ascertaining for the information of the executive factson which appropriate action may be taken. Such action may wellinvolve proceedings in the courts of a civil or criminal nature againstindividuals whose conduct has been investigated by the commission.Alternatively, the investigation might be concerned with acontroversial proposal such as the building of an airport or a highway,the investigation of an aeroplane crash, the reform of some particularaspect of the law or policy, the legal needs of special groups and soforth. Like all executive action, the proceedings and findings of acommission of inquiry may properly be, and frequently are, the subjectof public controversy.162. In 1998, the Canadian Judicial Council declared its position on theappointment of federal judges to commissions of inquiry. 53 The procedure which itapproved included the following steps:(a) Every request that a judge serve on a commission of inquiry should inthe first instance be made to the chief justice;(b) The request should be accompanied by the proposed terms of referencefor the inquiry and an indication as to the time limit, if any, to beimposed on the work of the commission;(c) The chief justice, in consultation with the judge in question, shouldconsider whether the absence of the judge would significantly impairthe work of the court;(d) The chief justice and the judge will wish to consider whether theacceptance of the appointment to the commission of inquiry couldimpair the future work of the judge as a member of the court. In thisrespect, they may consider:iDoes the subject-matter of the inquiry either essentially requireadvice on public policy or involve issues of an essentially partisannature?52 Sir Murray McInerney, “The Appointment of Judges to Commissions of Inquiry and OtherExtra-Judicial Activities”, (1978) The Australian Law Journal, vol. 52, pp. 540-553.53 Position of the Canadian Judicial Council on the Appointment of Federally-AppointedJudges to Commissions of Inquiry, approved at its March 1998 meeting, www.cjc-ccm.gc.ca108