As a results of the actions, inactions, disrespect, false statements and manipulations of Commission staff, Commission Counsel and Rogers, the Commissioner/Justice J. Douglas Cunningham was lead into the deeply embarrassing position of having to abandon his insightful Ruling regarding Citizen Journalists/Reporters, and left to publicly hawk Rogers goods and services ("You can also purchase cable or high speed internet for the three (3) months of the Inquiry,") - a far cry from his stated hopes "I conclude that citizen journalists should have access to unedited, raw footage of the Inquiry proceedings. This access will promote freedom of expression, and allow Mr. Barber and Ms. Bennett to report on aspects of the Inquiry that may not be covered by the accredited media." and "the only two citizen journalists who requested permission to record these proceedings, are to be granted access to the media room and to the Rogers feed. They will make arrangements with Rogers to accept the raw footage," - which would be at no cost or restriction by Rogers.

As Public Inquiries are as "Mr. Justice Binnie put it, "The investigation and education of the public."", how will the public be educated by Commissioner/Judge being lead by deception and improper process to reverse his precedent setting Ruling so that Rogers can make a buck by denying a reasonable service? Doesn’t this behaviour (ethics and honesty), destroy public confidence, faith and won’t the educated public question the validity of this Commissions findings concerning other business dealings when it has been so easily swayed by discriminatory behaviour and falsehoods at the very beginning of its proceedings, making this Inquiry a grand waste of money in the eyes of many? After all, what was the purpose of having a spacial Hearing for the Citizen Journalists/Reporters Ruling and then throwing it all in the trash can when Rogers and Commission staff don’t feel like doing what the boss tells them to? Seeing how well Rogers has scripted what the Commissioner is to sell to the public, from the respectability of the Judges chair, I can’t help but wonder what else he will be selling us a load of next and for who.
 

The further actions and inactions of William McDowell, Commission Counsel on July 27, 2010.

On the noted day he and I spoke regarding a conversation I just had with a Rogers Technician manning the Mississauga Inquiry video systems. He explained that DVD’s were being made in real time as the Inquiry was taking place and statements that Mr. McDowell made to the Commissioner were misleading and untrue. Further more there was a computer as part of the installment that could or could easily be made to DVD copies or load video files on to my Hard Drive.

- 3 -

I politely asked to speak to him to explain that the concept of there needing to be specially installed equipment to carry out the Commissioners Ruling/Order was completely false and all he had to do was to ask the technician who was less than 2 meters away - he would not do that for the Commissioner or the good of this Public Inquiry. Instead he told me to bring an application to someone but didn’t elaborate on to who or what kind of application and made it clear he didn’t care who I took this matter to as he would not deal further with it. Even after he was specifically told he had misinformed the Judge, he called efforts to correct the situation abusive and when concerns about the investigations done were made, he sarcastically replied there was an investigation he wanted to do.
 

In the quotes are in reference to issues regarding examination and cross-examination, these statements can be equally be applied to how a Public Inquiry should generally be conducted.

From Commissioner/Justice J. Douglas Cunningham, City of Mississauga Judicial Inquiry - Apr. 26, 2010 - Ruling.

"The open court principle is a "hallmark of a democratic society". Public access to our courts allows all those who are interested to see that justice is administered in a non-arbitrary manner and according to the rule of law. As Mr. Downard explained in his submissions as amicus curiae, it enables justice to be done, and to be seen to be done. This principle is particularly important for public inquiries: open and public hearings instill confidence in the fact-finding, thoroughness and objectivity of a judicial inquiry."

"To date, Inquiry staff have arranged for Rogers Communications to videotape the entire Inquiry, on the condition that it provides feed to all journalists and media representatives with access to the media room."

"It is a privilege to conduct this Inquiry in a democracy where citizens are engaged and eager to report on the events. I am grateful for the interest and involvement of citizen journalists, and believe that this ruling strikes an appropriate balance of the interests at stake."

July 27, the comments of Mr. Brian Gover - "When we consider the process of a public inquiry, of course, the Commissioner and Commission counsel are required to ensure the fairness of what is, after all, an inquisitorial process." - "And of course, we're guided by comments such as Mr. Justice Cory's comment in the Krever Commission, and also Justice Binnie in Consortium Developments, which was a case dealing with a municipal public inquiry. ... "And that, of course, has implications for how the Commissioner conducts the inquiry, and it's accepted that Commission counsel's role is as the guardian of the public interest." - " Now, unlike most public inquiries, this particular one has an obvious political dimension. We know that a divided council has passed the resolution, creating it."

- 4 -

July 28, the comments of Mr. Brian Gover - "And of course, Justice Cory, at paragraph 31, referred to the great importance of the Inquiry's roles of investigation and education, but said that: "Those roles should not be fulfilled at the expense of the denial of the rights of those being investigated." -"The need for the careful balancing was recognized by Justice Decary when he stated at paragraph 32, "The search for the truth does not excuse the violation of the rights of the individuals being investigated." This means that no matter how important the work of the Inquiry may be, it cannot be achieved at the expense of the fundamental right of each citizen to be treated fairly." - "Justice Cory then referred to the findings of fact, which may be made at the conclusion of an Inquiry, but pointed out that: "Procedural fairness was essential for the findings of Commissions may damage the reputation of a witness. For most, a good reputation is their most highly prized attribute. It follows that it is essential that procedural fairness be demonstrated in the hearings of the Commission." - "Now, yesterday I referred, as well, to the role of Commission counsel as the guardians of the public interest, which in my submission, impacts on the role of other participants in the process. And to that end, I've provided you with excerpts from Professor Ratushny's book, which was published just last year, The Conduct of Public Inquiries, Law, Policy, and Practice. ... Professor Ratushny, where he refers to the need for Commission counsel to take a part -- an impartial and balanced approach to the case. Also to conduct a thorough investigation to gain the confidence of the public about the process itself. Professor Ratushny referred to the fact that in a ruling in the Air India inquiry, Commissioner Major -- and this is at page 218 -- ruled that: "The pubic interest in the full exploration of all the facts would be adequately addressed by Commission counsel's responsibility to act on behalf of that public interest."

Ms. Elizabeth McIntyre - "Mr. Commissioner, ... Clearly you have broad discretion to set your own procedure, guided by the principles of fairness and expedition."

Commissioner Douglas Cunningham, Ruling: "As has been pointed out, the role of a commissioner in an inquiry such as this is something of a balancing act. On the one (1) hand, I have to be mindful of procedural fairness, as it relates to those witnesses who are called before the Inquiry, and against that I have to balance the right of the public to get at the truth; in other words, as Mr. Justice Binnie put it, "The investigation and education of the public." And in my view, the citizens of Mississauga have a right to know, and a - have a right to get at the truth."

I am willing to discuss my letter with you and there is an answering machine you can leave a detailed private message on. My phone number is (905) ***-**** & E-mail donbar@eol.ca.

cc. To others.

Sincerely yours;

_______________________________

Donald Barber - Editor.