Justice and Public Safety
September 23, 2016
Provincial Government Establishes Public Inquiry into the Death of Donald Dunphy
The Honourable Andrew Parsons, Minister of Justice and Public Safety and Attorney General, today announced the appointment of the Honourable Justice Leo Barry of the Court of Appeal as Commissioner for a Commission of Inquiry respecting the death of Mr. Donald Dunphy in accordance with Part 1 of the Public Inquiries Act, 2006. The Terms of Reference for the inquiry, also announced today, are provided in the backgrounder below.
“It is critical that the family of Mr. Dunphy and the citizens of our province be provided answers to the many questions that remain regarding the facts and circumstances of Mr. Dunphy’s death. The Terms of Reference have been determined in consideration of the many questions that have been raised in the public domain, in consultation with our Chief Justices and Justice Barry. I thank Justice Barry for accepting the duties of commissioner and am confident he will ensure a full and complete inquiry into this tragic incident.”
- The Honourable Andrew Parsons, Minister of Justice and Public Safety and Attorney General
Justice Leo Barry has been a judge of the Supreme Court of Newfoundland and Labrador since 1989 and on the Court of Appeal since 2007. In those 27 years he has heard many criminal and civil cases. Justice Barry will begin his work as commissioner immediately and will deliver a final report to the Minister of Justice and Public Safety before July 1, 2017.
A Commission of Inquiry under Part 1 of the Public Inquiries Act, 2006 is given broad authority to determine its own procedures. The commission has the power to issue a summons to compel a person to attend a hearing or to produce a document. The inquiry will not express any conclusion or recommendation regarding the civil or criminal responsibility of any person or organization.
“While the purpose of the inquiry is to examine the facts and circumstances of the death of Mr. Dunphy, there have also been questions regarding his history with Workplace NL. Following consultation with the Dunphy family’s lawyer, we are referring the history and treatment of Mr. Dunphy’s case by Workplace NL to the Office of the Citizens’ Representative for investigation.”
- Minister Parsons
It has been requested that the Office of the Citizens’ Representative begin the investigation immediately.
QUICK FACTS
- A Commission of Inquiry respecting the death of Mr. Donald Dunphy has been established in accordance with Part 1 of the Public Inquiries Act, 2006.
- The Honourable Justice Leo Barry of the Court of Appeal is appointed as inquiry commissioner.
- Justice Barry will begin his work immediately and will deliver a final report to the Minister of Justice and Public Safety before July 1, 2017.
- The Commission of Inquiry will inquire as to the facts and circumstances regarding the death of Mr. Dunphy.
- In addition to the establishment of a Commission of Inquiry, Minister Parsons also announced the referral of the history and treatment of Mr. Dunphy’s case with Workplace NL to the Office of the Citizens’ Representative for investigation.
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Media contact:
| Jacquelyn Howard Director of Communications Department of Justice and Public Safety 709-729-6985, 689-2624 jacquelynhoward@gov.nl.ca |
BACKGROUNDER
Terms of Reference
- The commission of inquiry shall
- inquire into the circumstances surrounding the death of Mr. Donald Dunphy, including
- the date, time and place of his death,
- the cause of his death, and
- the manner of his death;
- inquire into the reason why a Royal Newfoundland Constabulary officer attended upon Mr. Dunphy on the day of his death, including whether or not the officer was directed to do so, and if so directed, by whom and for what objective;
- ascertain what information provided the basis for the Royal Newfoundland Constabulary officer's attendance upon Mr. Dunphy on the day of his death, and the reliability, interpretation, evaluation, transmission and dissemination of that information;
- inquire into why the Royal Newfoundland Constabulary officer who attended upon Mr. Dunphy on the day of his death did so in an area of Royal Canadian Mounted Police jurisdiction, the criteria applied in reaching the decision to do so and the objective for the decision;
- inquire into the facts surrounding the command, control and implementation of any relevant police operation on the day of Mr. Dunphy’s death, the actions of the Royal Newfoundland Constabulary officer during the operation and the actions of any other Royal Newfoundland Constabulary or Royal Canadian Mounted Police officers involved both before and after Mr. Dunphy’s death;
- inquire into the circumstances under which the Royal Newfoundland Constabulary officer who fired the fatal shot or shots on the day of Mr. Dunphy’s death came to discharge his weapon;
- inquire into whether the relevant use of force protocols were properly adhered to in the circumstance of Mr. Dunphy’s death;
- inquire into the relevant policies, protocols or manuals in force at the material time in either the Office of the Premier or the Royal Newfoundland Constabulary, including particularly any policies, protocols or manuals relating to
- the security of the Premier and Cabinet Ministers,
- the monitoring of and response to social media, and
- with respect to the Royal Newfoundland Constabulary, policies, protocols or manuals governing communications by members with the public or the media following serious incidents and during active investigations;
- inquire whether Mr. Dunphy’s use of social media had any role in the circumstances of his death;
- ascertain whether there were any material deficiencies in the investigation into Mr. Dunphy’s death; and
- in accordance with section 4, make recommendations that the commission of inquiry considers necessary and advisable relating directly to the matters of public concern referred to in this section.
- The commission of inquiry, in carrying out the terms of reference referred to in subsection (1), shall consider the following:
- the need to maintain public confidence in law and order;
- the need to protect fundamental rights of citizens;
- the powers, duties and responsibilities of police; and
- the need to ensure the safety of police officers in the execution of their duties.
The commission of inquiry shall not express any conclusion or recommendation regarding the civil or criminal responsibility of any person or organization.
The commission of inquiry shall terminate its work and deliver the final report to the Minister of Justice and Public Safety, who shall be the minister responsible for the commission of inquiry, before July 1, 2017.
2016 09 23 12:15 p.m.