The awarding of public contracts in the construction
industry1, the deployment of troops in
Somalia2, espionage at the outset of the Cold
War3: commissions of inquiry have punctuated and shaped
the recent history of our country. But in getting to the heart of
important social issues, they often adversely affect the private
interests of those involved in them.
Commissions of inquiry are a unique and indispensable tool for
investigating matters of public interest. What is unique about them
is their complete independence and the total immunity enjoyed not
only by the commissioners4, but also by the witnesses
summoned before them5.
The corollary is that their hearings are public, which serves
both to inform the public and, more fundamentally, to ensure the
fairness and legitimacy of the entire process. That said, the media
are often quick to report on evidence that comes to light at the
hearings down to the most minute detail and insignificant anecdote,
and often with
