Terms of reference

Board of Investigation into the death of an inmate
at __________________________ on __________________

Whereas it is provided by Sections 19 and 20 of the Corrections and Conditional Release Act (CCRA), S.C. 1992, c. 20 that the Commissioner of the Correctional Service Canada may appoint a person or persons to investigate and report upon any matter relating to the operations of the Service; and that the Service investigate and report when an inmate dies or suffers serious bodily injury;

And,

Whereas on the ---- day of [insert month and year], [insert one or two sentences briefly describing when (approx. time), where (site, unit, cell# or other location) and what happened, including the inmate's name and FPS).

Now therefore I, Don Head, Commissioner of Corrections, do hereby appoint, by virtue of Sections 19 and 20 of the CCRA, [insert name, position, title, location and region], as Chairperson of the Board of Investigation, and [insert name], Psychologist, [insert location and region], and [insert community member's name], community member, as members of the Board of Investigation.

I direct and charge the persons so appointed to faithfully execute the duties entrusted to them in the conduct of this investigation and to provide me with the complete circumstances surrounding the above-mentioned incident, including:

  1. a background into the incident;
  2. a Mental Health Review completed by the Psychologist; and,
  3. a chronology of the events.

I further direct that the Board of Investigation specifically analyze the following issues, as it relates to this case, including any issues of compliance to the law, policies and procedures having a direct impact on this incident:

  1. the existence of pre-incident indicators, precipitating events or contributing risk factors to the incident under investigation and if so, were they known by staff and was any attention provided or action taken by them;
  2. the security classification of the inmate involved in this incident and his/her placement at [insert name of institution]; [if the inmate is an Aboriginal person, include the following statement: and whether the Aboriginal social history of the inmate was considered in the decision-making process as per Commissioner's Directive (CD) 702, Aboriginal Offenders, CD 705-7, Security Classification and Penitentiary Placement, and CD 710-6, Review of Inmate Security Classification];
  3. the care, treatment and monitoring of the inmate prior to the incident; or [insert the following for an incident at an RTC/RPC otherwise delete] the inmate's overall mental health management plan, including the physical and mental health care and medications provided to the inmate during his/her placement at RTC/RPC, and the extent to which the clinical management plan (if any) was followed;
  4. the staff presence in the area where the incident occurred, including the monitoring of inmate activities; and,
  5. the staff response to the incident, including, but not limited to, the use of force as well as the interventions and medical care that were provided to the inmate following the incident.

And I further direct the Board of Investigation to provide me with its findings on the above matters and any recommendations it considers appropriate and which may contribute to the effective resolution and/or prevention of similar situations or occurrences in the future.

And further, to ensure the success of this investigation, the Board of Investigation is authorized:

  1. to adopt such procedures and methods as may be deemed necessary for the proper conduct of this investigation;
  2. to be provided with adequate and secure working accommodation and administrative assistance as required;
  3. to search any building, receptacle or thing on the property of and in the possession of the Correctional Service Canada, and to seize and retain such books, documents or things as the Board may deem, on reasonable grounds, necessary for the successful execution of its mandate;
  4. to have complete access to personnel employed by, or under contract with the Correctional Service Canada;
  5. to communicate, at the discretion of the Chairperson of the Board of Investigation, with any outside person, agency, office or organization which may assist in the successful completion of this investigation; and,
  6. to disclose any personal information it deems necessary to enable the recipient of a Section 13 Notice to fully understand and respond to the statements made by the Board of Investigation in the report which indicate that the person breached the law or policy, and which may negatively affect the person's reputation.

The Annex to this Convening Order outlines further the powers and responsibilities bestowed on this Board of Investigation under Sections 7 to 13 of the Inquiries Act pursuant to Section 21 of the Corrections and Conditional Release Act. In applying the Section 13 process, the Board of Investigation shall apply the same considerations and follow the same procedures with Section 13 whether the person is a member of the public, a staff member, a Parole Board of Canada member, an offender or a contractor.

And I further direct the Board of Investigation to submit to me, through the Acting Director General, Incident Investigations Branch, a written report marked "Protected B", no later than the ---- day of [insert month and year].

Given under my hand in the City of Ottawa, in the Province of Ontario, this ____ day of [insert month and year].

______________________________
Don Head
Commissioner
Correctional Service Canada

1410-2-[insert file no.]

Annex to Convening Order

This investigation is convened under Section 20 of the Corrections and Conditional Release Act which reads: "The Commissioner may appoint a person or persons to investigate and report on any matter pertaining to the operations of the Service." Section 21 of the Act stipulates that, for investigations convened under Section 20, Sections 7 to 13 of the Inquiries Act apply.

By virtue of Sections 7 to 13 of the Inquiries Act, for the purpose of their investigation, members of national Boards of Investigation have all the powers of "commissioners" under the Inquiries Act, and those special powers and responsibilities are as follows:

Inquiries Act. R.S., c. I-13, s.1

Parts II and III

7. For the purposes of an investigation …, the commissioners

  1. may enter into and remain within any public office or institution, and shall have access to every part thereof;
  2. may examine all papers, documents, vouchers, records and books of every kind belonging to the public office or institution;
  3. may summon before them any person and require the person to give evidence, orally or in writing, and on oath or, if the person is entitled to affirm in civil matters on solemn affirmation; and
  4. may administer the oath or affirmation under paragraph (c). R.S., c. I‑13, s. 7.

8.

  1. The commissioners may, under their hands, issue a subpoena or other request or summons, requiring and commanding any person therein named;
    1. to appear at the time and place mentioned therein;
    2. to testify to all matters within his knowledge relative to the subject-matter of an investigation; and
    3. to bring and produce any document, book or paper that the person has in his possession or under his control relative to the subject-matter of the investigation.
  2. A person may be summoned from any part of Canada by virtue of a subpoena, request or summons issued under subsection (1).
  3. Reasonable travel expenses shall be paid at the time of service of a subpoena, request or summons to any person summoned under subsection (1). R.S., c. I‑13, s. 8.

9.

  1. In lieu of requiring the attendance of a person whose evidence is desired, the commissioners may, if they deem it advisable, issue a commission or other authority to any officer or person named therein, authorizing the officer or person to take the evidence and report it to the commissioners.
  2. An officer or person authorized under subsection (1) shall, before entering on any investigation, be sworn before a justice of the peace faithfully to execute the duty entrusted to the officer or person by the commission, and, with regard to the taking of evidence, has the powers set out in subsection 8(1) and such other powers as a commissioner would have had if the evidence had been taken before a commissioner. R.S., c. I‑13, s. 9.

10.

  1. Every person who is liable, on summary conviction before any police or stipendiary magistrate, or judge of a superior or county court, having jurisdiction in the county or district in which that person resides, or in which the place is situated at which the person was required to attend, to a fine not exceeding four hundred dollars.
    1. being required to attend in the manner provided in this Part, fails without valid excuse, to attend accordingly,
    2. being commanded to produce any document, book or paper, in his possession or under his control, fails to produce the same,
    3. refuses to be sworn or to affirm, or
    4. refuses to answer any proper question put to him by a commissioner, or other officer or person referred to in section 9,
  2. For the purposes of this Part, a judge of a superior or county court referred to in subsection (1) shall be a justice of the peace. R.S., c. I‑13, s. 10.

11.

  1. The commissioners, whether appointed under Part I or under Part II, may if authorized by the commission issued in the case, engage the services of
    1. such accountants, engineers, technical advisers or other experts, clerks, reporters and assistants as they deem necessary or advisable; and
    2. counsel to aid and assist the commissioners in an inquiry.
  2. The commissioners may authorize and depute any accountants, engineers, technical advisers or other experts, the services of whom are engaged under subsection (1), or any other qualified persons, to inquire into any matter within the scope of the commission as may be directed by the commissioners.
  3. The persons deputed under subsection (2), when authorized by order in council, have the same powers as the commissioners have to take evidence, issue subpoenas, enforce the attendance of witnesses, compel them to give evidence, and otherwise conduct the inquiry.
  4. The persons deputed under subsection (2) shall report the evidence and their findings, if any, thereon to the commissioners. R.S., c. I‑13, s. 11.

12. The commissioners may allow any person whose conduct is being investigated under this Act, and shall allow any person against whom any charge is made in the course of an investigation, to be represented by counsel. R.S., c. I‑13, s. 12.

13. No report shall be made against any person until reasonable notice has been given to the person of the charge of misconduct alleged against him and the person has been allowed full opportunity to be heard in person or by counsel. R.S., c. I‑13, s. 13.

Convening Order and Terms of Reference

Board of Investigation into the release and supervision of an offender on __________ [insert for new charges: charged with ____________ reported to CSC on ___________] [for all other incidents, please refer to date of incident in title]

Whereas it is provided by Section 20 of the Corrections and Conditional Release Act (CCRA), S.C. 1992, c. 20 that the Commissioner of the Correctional Service Canada may appoint a person or persons to investigate and report upon any matter relating to the operations of the Service;

And,

Whereas on the ---- day of [insert month and year], [insert one or two sentences briefly describing when (date reported to CSC), where (location) and what happened (charges), including the offender's name, FPS and release status].

Now therefore I, Don Head, Commissioner of Corrections, do hereby appoint, by virtue of Section 20 of the CCRA, [insert name, position, title, location and region] as Chairperson of the Board of Investigation, and [insert name, position title, location and region] and [insert community member's name], community member, as members of the Board of Investigation.

I direct and charge the persons so appointed to faithfully execute the duties entrusted to them in the conduct of this investigation and to provide me with the complete circumstances surrounding the above-mentioned incident, including:

  1. a background into the incident; and,
  2. a chronology of events for the period the offender(s) was (were) under supervision in the community (only applies to the community investigations that occur in a CRF/CCC, otherwise please delete).

I further direct that the Board of Investigation specifically analyze the following issues, as it relates to this case, including any issues of compliance to the law, policies and procedures having a direct impact on this incident:

  1. the existence of pre-incident indicators, precipitating events or contributing risk factors to the incident under investigation and if so, were they known by staff and was any attention provided or action taken by them;
  2. the case preparation leading up to the release of the offender(s) [if the offender(s) is/are an Aboriginal person(s), include the following statement: and whether the Aboriginal social history(ies) of the offender(s) was/were considered in the decision-making process as per Commissioner's Directive 702, Aboriginal Offenders];
  3. the supervision of the offender(s) following release on [Day Parole, Full Parole or Statutory Release], including adherence to any special conditions of release that may have been imposed and the extent of any contact that took place while the offender(s) was (were) under supervision [if the offender(s) is/are an Aboriginal person(s), include the following statement: and whether the Aboriginal social history(ies) of the offender(s) was/were considered in the decision-making process as per Commissioner's Directive 702, Aboriginal Offenders]; and,
  4. the communications and sharing of information among relevant individuals and, if applicable, agencies, leading up to the release and during the course of supervision [if applicable: and while the offender(s) was (were) Unlawfully at Large].
  5. Add anything unique to this case that we need to pay particular attention to. Please note that if you add something here, the "and" at the end of point (c) will have to be moved to the end of point (d).

And I further direct the Board of Investigation to provide me with its findings on the above matters and any recommendations it considers appropriate and which may contribute to the effective resolution and/or prevention of similar situations or occurrences in the future.

And further, to ensure the success of this investigation, the Board of Investigation is authorized:

  1. to adopt such procedures and methods as may be deemed necessary for the proper conduct of this investigation;
  2. to be provided with adequate and secure working accommodation and administrative assistance as required;
  3. to search any building, receptacle or thing on the property of and in the possession of the Correctional Service Canada, and to seize and retain such books, documents or things as the Board may deem, on reasonable grounds, necessary for the successful execution of its mandate;
  4. to have complete access to personnel employed by, or under contract with the Correctional Service Canada;
  5. to communicate, at the discretion of the Chairperson of the Board of Investigation, with any outside person, agency, office or organization which may assist in the successful completion of this investigation; and,
  6. to disclose any personal information it deems necessary to enable the recipient of a Section 13 Notice to fully understand and respond to the statements made by the Board of Investigation in the report which indicate that the person breached the law or policy, and which may negatively affect the person's reputation.

The Annex to this Convening Order outlines further the powers and responsibilities bestowed on this Board of Investigation under Sections 7 to 13 of the Inquiries Act pursuant to Section 21 of the Corrections and Conditional Release Act. In applying the Section 13 process, the Board of Investigation shall apply the same considerations and follow the same procedures with Section 13 whether the person is a member of the public, a staff member, a Parole Board of Canada member, an offender or a contractor.

And I further direct the Board of Investigation to submit to me, through the Acting Director General, Incident Investigations Branch, a written report marked "Protected B", no later than the ---- day of [insert month and year].

Given under my hand in the City of Ottawa, in the Province of Ontario, this _____ day of [insert month and year].

______________________________
Don Head
Commissioner
Correctional Service Canada

1410-2-[insert file no.]

Annex to Convening Order

This investigation is convened under Section 20 of the Corrections and Conditional Release Act which reads: "The Commissioner may appoint a person or persons to investigate and report on any matter pertaining to the operations of the Service." Section 21 of the Act stipulates that, for investigations convened under section 20, Sections 7 to 13 of the Inquiries Act apply.

By virtue of Sections 7 to 13 of the Inquiries Act, for the purpose of their investigation, members of national Boards of Investigation have all the powers of "commissioners" under the Inquiries Act, and those special powers and responsibilities are as follows:

Inquiries Act. R.S., c. I-13, s.1

Parts II and III

7. For the purposes of an investigation …, the commissioners

  1. may enter into and remain within any public office or institution, and shall have access to every part thereof;
  2. may examine all papers, documents, vouchers, records and books of every kind belonging to the public office or institution;
  3. may summon before them any person and require the person to give evidence, orally or in writing, and on oath or, if the person is entitled to affirm in civil matters on solemn affirmation; and
  4. may administer the oath or affirmation under paragraph (c). R.S., c. I‑13, s. 7.

8.

  1. The commissioners may, under their hands, issue a subpoena or other request or summons, requiring and commanding any person therein named;
    1. to appear at the time and place mentioned therein;
    2. to testify to all matters within his knowledge relative to the subject-matter of an investigation; and
    3. to bring and produce any document, book or paper that the person has in his possession or under his control relative to the subject-matter of the investigation.
  2. A person may be summoned from any part of Canada by virtue of a subpoena, request or summons issued under subsection (1).
  3. Reasonable travel expenses shall be paid at the time of service of a subpoena, request or summons to any person summoned under subsection (1). R.S., c. I‑13, s. 8.

9.

  1. In lieu of requiring the attendance of a person whose evidence is desired, the commissioners may, if they deem it advisable, issue a commission or other authority to any officer or person named therein, authorizing the officer or person to take the evidence and report it to the commissioners.
  2. An officer or person authorized under subsection (1) shall, before entering on any investigation, be sworn before a justice of the peace faithfully to execute the duty entrusted to the officer or person by the commission, and, with regard to the taking of evidence, has the powers set out in subsection 8(1) and such other powers as a commissioner would have had if the evidence had been taken before a commissioner. R.S., c. I‑13, s. 9.

10.

  1. Every person who is liable, on summary conviction before any police or stipendiary magistrate, or judge of a superior or county court, having jurisdiction in the county or district in which that person resides, or in which the place is situated at which the person was required to attend, to a fine not exceeding four hundred dollars.
    1. being required to attend in the manner provided in this Part, fails without valid excuse, to attend accordingly,
    2. being commanded to produce any document, book or paper, in his possession or under his control, fails to produce the same,
    3. refuses to be sworn or to affirm, or
    4. refuses to answer any proper question put to him by a commissioner, or other officer or person referred to in section 9,
  2. For the purposes of this Part, a judge of a superior or county court referred to in subsection (1) shall be a justice of the peace. R.S., c. I‑13, s. 10.

11.

  1. The commissioners, whether appointed under Part I or under Part II, may if authorized by the commission issued in the case, engage the services of
    1. such accountants, engineers, technical advisers or other experts, clerks, reporters and assistants as they deem necessary or advisable; and
    2. counsel to aid and assist the commissioners in an inquiry.
  2. The commissioners may authorize and depute any accountants, engineers, technical advisers or other experts, the services of whom are engaged under subsection (1), or any other qualified persons, to inquire into any matter within the scope of the commission as may be directed by the commissioners.
  3. The persons deputed under subsection (2), when authorized by order in council, have the same powers as the commissioners have to take evidence, issue subpoenas, enforce the attendance of witnesses, compel them to give evidence, and otherwise conduct the inquiry.
  4. The persons deputed under subsection (2) shall report the evidence and their findings, if any, thereon to the commissioners. R.S., c. I‑13, s. 11.

12. The commissioners may allow any person whose conduct is being investigated under this Act, and shall allow any person against whom any charge is made in the course of an investigation, to be represented by counsel. R.S., c. I‑13, s. 12.

13. No report shall be made against any person until reasonable notice has been given to the person of the charge of misconduct alleged against him and the person has been allowed full opportunity to be heard in person or by counsel. R.S., c. I‑13, s. 13.

Convening Order and Terms of Reference

Board of Investigation into ___________________________

Whereas it is provided by Section(s) (19 and) 20 of the Corrections and Conditional Release Act (CCRA), S.C. 1992, c. 20 that the Commissioner of the Correctional Service Canada may appoint a person or persons to investigate and report upon any matter relating to the operations of the Service, and that the Service investigate and report when an inmate dies or suffers serious bodily injury;

And,

Whereas on the ---- day of [insert month and year], [insert one or two sentences briefly describing when (approx time), where (site, unit, cell# or other location) and what happened, including the inmate(s) name and FPS].

Now therefore I, Don Head, Commissioner of Corrections, do hereby appoint, by virtue of Section(s) (19 and) 20 of the CCRA, [insert name, position title, location and region] as Chairperson of the Board of Investigation, and [insert name, position title, location and region] and [insert community member's name], community member, as members of the Board of Investigation.

I direct and charge the persons so appointed to faithfully execute the duties entrusted to them in the conduct of this investigation and to provide me with the complete circumstances surrounding the above-mentioned incident, including:

  1. a background into the incident; and,
  2. a chronology of the events.

I further direct that the Board of Investigation specifically analyze the following issues, as it relates to this case, including any issues of compliance to the law, policies and procedures having a direct impact on this incident:

  1. the existence of pre-incident indicators, precipitating events or contributing risk factors to the incident under investigation and if so, were they known by staff and was any attention provided or action taken by them;
  2. the security classification of the inmate [or principal inmates] involved in this incident and [his/her/their] placement at [insert name of institution] [if the inmate(s) is/are an Aboriginal person(s), include the following statement: and whether the Aboriginal social history(ies) of the inmate(s) was/were considered in the decision-making process as per Commissioner's Directive (CD) 702, Aboriginal Offenders, CD 705-7, Security Classification and Penitentiary Placement, and CD 710-6, Review of Inmate Security Classification];
  3. the staff presence in the area where the incident occurred, including the monitoring of inmate activities; and,
  4. the staff response to the incident, including, but not limited to, the use of force as well as the interventions and medical care that were provided to the inmate following the incident;
  5. [Insert the following for an incident at an RTC/RPC if applicable to the incident, otherwise delete] the inmate's overall mental health management plan, including the physical and mental health care and medications provided to the inmate during his/her placement at RTC/RPC, and the extent to which the clinical management plan (if any) was followed.
  6. Add anything unique to this case that we need to pay attention to as per the rod.

And I further direct the Board of Investigation to provide me with its findings on the above matters and any recommendations it considers appropriate and which may contribute to the effective resolution and/or prevention of similar situations or occurrences in the future.

And further, to ensure the success of this investigation, the Board of Investigation is authorized:

  1. to adopt such procedures and methods as may be deemed necessary for the proper conduct of this investigation;
  2. to be provided with adequate and secure working accommodation and administrative assistance as required;
  3. to search any building, receptacle or thing on the property of and in the possession of the Correctional Service Canada, and to seize and retain such books, documents or things as the Board may deem, on reasonable grounds, necessary for the successful execution of its mandate;
  4. to have complete access to personnel employed by, or under contract with the Correctional Service Canada;
  5. to communicate, at the discretion of the Chairperson of the Board of Investigation, with any outside person, agency, office or organization which may assist in the successful completion of this investigation; and,
  6. to disclose any personal information it deems necessary to enable the recipient of a Section 13 Notice to fully understand and respond to the statements made by the Board of Investigation in the report which indicate that the person breached the law or policy, and which may negatively affect the person's reputation.

The Annex to this Convening Order outlines further the powers and responsibilities bestowed on this Board of Investigation under Sections 7 to 13 of the Inquiries Act pursuant to Section 21 of the Corrections and Conditional Release Act. In applying the Section 13 process, the Board of Investigation shall apply the same considerations and follow the same procedures with Section 13 whether the person is a member of the public, a staff member, a Parole Board of Canada member, an offender or a contractor.

And I further direct the Board of Investigation to submit to me, through the Acting Director General, Incident Investigations Branch, a written report marked "Protected B", no later than the ---- day of [insert month and year].

Given under my hand in the City of Ottawa, in the Province of Ontario, this ____ day of -[insert month and year].

__________________________
Don Head
Commissioner
Correctional Service of Canada

1410-2-[insert file no.]

Annex to Convening Order

This investigation is convened under Section 20 of the Corrections and Conditional Release Act which reads: "The Commissioner may appoint a person or persons to investigate and report on any matter pertaining to the operations of the Service." Section 21 of the Act stipulates that, for investigations convened under Section 20, Sections 7 to 13 of the Inquiries Act apply.

By virtue of Sections 7 to 13 of the Inquiries Act, for the purpose of their investigation, members of national Boards of Investigation have all the powers of "commissioners" under the Inquiries Act, and those special powers and responsibilities are as follows:

Inquiries Act. R.S., c. I-13, s.1

Parts II and III

7. For the purposes of an investigation …, the commissioners

  1. may enter into and remain within any public office or institution, and shall have access to every part thereof;
  2. may examine all papers, documents, vouchers, records and books of every kind belonging to the public office or institution;
  3. may summon before them any person and require the person to give evidence, orally or in writing, and on oath or, if the person is entitled to affirm in civil matters on solemn affirmation; and
  4. may administer the oath or affirmation under paragraph (c). R.S., c. I‑13, s. 7.

8.

  1. The commissioners may, under their hands, issue a subpoena or other request or summons, requiring and commanding any person therein named;
    1. to appear at the time and place mentioned therein;
    2. to testify to all matters within his knowledge relative to the subject-matter of an investigation; and
    3. to bring and produce any document, book or paper that the person has in his possession or under his control relative to the subject-matter of the investigation.
  2. A person may be summoned from any part of Canada by virtue of a subpoena, request or summons issued under subsection (1).
  3. Reasonable travel expenses shall be paid at the time of service of a subpoena, request or summons to any person summoned under subsection (1). R.S., c. I‑13, s. 8.

9.

  1. In lieu of requiring the attendance of a person whose evidence is desired, the commissioners may, if they deem it advisable, issue a commission or other authority to any officer or person named therein, authorizing the officer or person to take the evidence and report it to the commissioners.
  2. An officer or person authorized under subsection (1) shall, before entering on any investigation, be sworn before a justice of the peace faithfully to execute the duty entrusted to the officer or person by the commission, and, with regard to the taking of evidence, has the powers set out in subsection 8(1) and such other powers as a commissioner would have had if the evidence had been taken before a commissioner. R.S., c. I‑13, s. 9.

10.

  1. Every person who is liable, on summary conviction before any police or stipendiary magistrate, or judge of a superior or county court, having jurisdiction in the county or district in which that person resides, or in which the place is situated at which the person was required to attend, to a fine not exceeding four hundred dollars.
    1. being required to attend in the manner provided in this Part, fails without valid excuse, to attend accordingly,
    2. being commanded to produce any document, book or paper, in his possession or under his control, fails to produce the same,
    3. refuses to be sworn or to affirm, or
    4. refuses to answer any proper question put to him by a commissioner, or other officer or person referred to in section 9,
  2. For the purposes of this Part, a judge of a superior or county court referred to in subsection (1) shall be a justice of the peace. R.S., c. I‑13, s. 10.

11.

  1. The commissioners, whether appointed under Part I or under Part II, may if authorized by the commission issued in the case, engage the services of
    1. such accountants, engineers, technical advisers or other experts, clerks, reporters and assistants as they deem necessary or advisable; and
    2. counsel to aid and assist the commissioners in an inquiry.
  2. The commissioners may authorize and depute any accountants, engineers, technical advisers or other experts, the services of whom are engaged under subsection (1), or any other qualified persons, to inquire into any matter within the scope of the commission as may be directed by the commissioners.
  3. The persons deputed under subsection (2), when authorized by order in council, have the same powers as the commissioners have to take evidence, issue subpoenas, enforce the attendance of witnesses, compel them to give evidence, and otherwise conduct the inquiry.
  4. The persons deputed under subsection (2) shall report the evidence and their findings, if any, thereon to the commissioners. R.S., c. I‑13, s. 11.

12. The commissioners may allow any person whose conduct is being investigated under this Act, and shall allow any person against whom any charge is made in the course of an investigation, to be represented by counsel. R.S., c. I‑13, s. 12.

13. No report shall be made against any person until reasonable notice has been given to the person of the charge of misconduct alleged against him and the person has been allowed full opportunity to be heard in person or by counsel. R.S., c. I‑13, s. 13.

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