Annual Report: 2002-2003

B. Demystifying the Investigative Process

The requirement of law that the commissioner's investigations be conducted "in private" entails obligations on all parties involved to maintain confidentiality. From time to time, however, the presiding officer will reinforce the obligation with specific confidentiality orders addressed to the witness, the counsel or both. Such orders may be issued in the following circumstances:

1) A witness is accompanied by Crown counsel or by a counsel who also represents other witnesses or the witness's employer. (dealt with above under Role of Counsel)

2) The evidence of one witness in a prior proceeding is likely to be disclosed by the presiding officer during questions to another witness.

3) The integrity of the investigation is served by limiting disclosure of evidence amongst potential witnesses.

It is also as a result of the "in private" requirement for investigations that copies of the tapes or transcripts of formal proceedings are not given to witnesses. Witnesses (or their counsel) may consult the tapes or transcripts of their own evidence but only on a supervised basis at the premises of the Information Commissioner.