The B.C. government has amended the terms of reference for the missing women commission of inquiry to add a study commission, Attorney General Barry Penner announced today.

Commissioner Wally Oppal had requested the terms of reference be revised to make the inquiry a joint study and hearing commission.

Study commissions may conduct research and consult with participants or the public by receiving oral and written submissions. Legal standing is not necessary, making study commissions a cost-effective way to obtain research data and submissions.

Hearing commissions investigate and make findings of fact in matters where there is the possibility of a finding of misconduct.

The hearing commission, announced Sept. 28, 2010, will continue to be dedicated to the police investigations conducted between Jan. 23, 1997 and Feb. 5, 2002 into women reported missing from Vancouver's Downtown Eastside.

It will also review the January 1998 decision by the Ministry of Attorney General's criminal justice branch to stay charges against Robert W. Pickton for the assault of a Downtown Eastside sex trade worker. Formal hearings, open to the public, will be held in Vancouver. The hearing commission is currently reviewing applications from groups seeking legal standing to appear.

Oppal's report is scheduled to be submitted to the attorney general by or before Dec. 31. Public inquiry reports are tabled before the legislative assembly, following a review related to the applicable sections of the Freedom of Information and Protection of Privacy Act.

BACKGROUNDER

March 28, 2011 Ministry of Attorney General

Amended terms of reference as of March 23, 2011

Missing Women Commission of Inquiry

Definitions

1 In this order:

"commission" means the commission of inquiry established under section 2 of this order;

"Criminal Justice Branch" means the Criminal Justice Branch of the Ministry of the Attorney General;

"missing women investigations" means the investigations conducted between January 23, 1997 and February 5, 2002, by police forces in British Columbia respecting women reported missing from the Downtown Eastside of the city of Vancouver.

Establishment of commission

2 (1) A hearing and study commission, called the Missing Women Commission of Inquiry, is established under section 2 of the Public Inquiry Act.

(2) Wally Oppal, QC, is the sole commissioner of the commission established under subsection (1).

Purpose of the commission

3 The purpose of the commission is to inquire into and report on the conduct of the missing women investigations.

Terms of reference

4 The terms of reference of the inquiry to be conducted by the commission are as follows:

(a) to conduct hearings, in or near the City of Vancouver, to inquire into and make findings of fact respecting the conduct of the missing women investigations;

(b) consistent with the British Columbia (Attorney General) v. Davies, 2009 BCCA 337, to inquire into and make findings of fact respecting the decision of the Criminal Justice Branch on January 27, 1998, to enter a stay of proceedings on charges against Robert William Pickton of attempted murder, assault with a weapon, forcible confinement and aggravated assault;

(c) to recommend changes considered necessary respecting the initiation and conduct of investigations in British Columbia of missing women and suspected multiple homicides;

(d) to recommend changes considered necessary respecting homicide investigations in British Columbia by more than one investigating organization, including the co-ordination of those investigations;

(e) to submit a final report to the Attorney General or before December 31, 2011.

Contact:

Dave Townsend
Senior Public Affairs Officer
Ministry of Attorney General
250 387-4962
250 889-5945 (cell)