Series GR-0708 - Commission of Inquiry Pursuant to Order-In-Council, 1885

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Commission of Inquiry Pursuant to Order-In-Council, 1885

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GR-0708

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Date(s)

  • 1979 (Creation)
    Creator
    British Columbia. Commission of Inquiry Pursuant to Order-in-Council No.1885, July 5, 1979 [Vogel Inquiry]

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Physical description

Originals, 13 cm

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(1979)

Biographical history

Appointed by Order-in-Council no. 1885, July 5, 1979. Commissioner: the Honourable Mr. Justice P.D. Seaton. Reported October 23, 1979. Judge Philip Govan ruled a chapter of the Family Relations Act (S.B.C. 1978, c. 20) to be ultra vires. Govan alleged he was requested by the Attorney-General's ministry to transfer himself elsewhere in the province and that this constituted interference with judicial independence. No evidence of intentional impropriety was found but the Commissioner cautioned the Ministry that the judiciary had its own independent function and is not intended to assist the Executive as part of a team.

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Scope and content

The commissioner, Justice Peter D. Seaton of the Court of Appeal, was appointed to investigate an allegation by Provincial Court Judge Philip Govan that Deputy Attorney General Richard Vogel, or some unnamed person in the ministry of Attorney General, had interfered with the independence of Judge Govan by requesting that he be transferred elsewhere. Commission records consist of transcripts of evidence presented at proceedings, exhibits, and a photocopy of the commissioner's report. In his report, Justice Seaton concluded that he found no evidence of sinister conduct or improper motive on the part of anyone, however, he cautioned against inappropriate communication between the Judiciary and the Executive.

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Transferred from the Office of the Deputy Provincial Secretary, 1979 and 1980.

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These records are subject to the Freedom of Information and Protection of Privacy Act or other acts and access may be restricted. Please contact the BC Archives to determine the access status of these records.

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Accession number(s): GR-0708

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