Showing posts with label Art Pike. Show all posts
Showing posts with label Art Pike. Show all posts

22 February 2010

The Elizabeth Towers Fire Inquiry – The Question of Justification


Paragraph (1) (b) of the Terms of Reference of this Commission of Enquiry requires me to consider and report upon the justification, if any, for the release, transmission, duplication, delivery and publication of the two reports.

According to the evidence it appears that Pike concluded [not a quote in original]
(a) that the investigation into the cause of the fire at Elizabeth Towers had provided enough evidence to justify the laying of a charge of arson against the Honourable Dr. Thomas Farrell, but 
(b) that the charge would not be laid because Farrell was a member of the Cabinet of the Province of Newfoundland.
Pike's conclusions appear to have a certain emotional basis.  He had been taken off the investigation because of his indiscretion in discussing it with the Premier's secretary and he was upset on that account.  He appeared, too, to have the idea that he was being persecuted, as shown in his allegation to William Rowe that "Alec Hickman (the Minister of Justice) was out to get him".  It appears to me that at the time Pike was not in that emotional state which would enable him to take a completely objective view of the investigation.  Indeed, his approach brings into question his usefulness as an investigating officer.

The conclusions which Pike arrived at were not of such substance as to justify his releasing the reports.  Pike based his action on two reports.  He knew that the investigation was continuing.  He also knew or expected that charges were going to be laid against Dr. Farrell.  After all, that was the message which he apparently wanted to pass to the Premier.

Throughout the period leading up to the laying of charges against Dr. Farrell on October 16th, 1978 there was emphasis placed on what appeared to be unwarranted delay in the laying of the charges. In any given case, the answer to the question of whether there is delay depends upon that particular case and upon such variable factors as the nature of the alleged offence, the existence and extent of the evidence which shows that an offence was committed, the existence and extent of the evidence which indicates the perpetrator. The law officers of the Crown who are responsible for conducting a prosecution must go beyond the question of whether they can establish a prime facie case.  They must consider whether they can show guilt beyond a reasonable doubt.  Belief in the guilt of an accused is one thing.  Proving it beyond a reasonable doubt' is another.  Therein lies a difference between the attitudes which police investigators and crown prosecutors may adopt.

There is no doubt that criminal investigations should be concluded as quickly as possible and charges should be laid without delay, but the prosecutor must be concerned with proof that will meet the tests applied under the rules of evidence and of criminal procedure.  In the investigation of the Elizabeth Towers fire, the Crown officers, who had a better perspective than Pike could have, who were more competent professionally to assess the evidence from the point of view of laying charges, considered that there were matters not dealt with adequately in the first two reports.  They sought and received two further reports and then laid a charge against Dr. Farrell.

Pike had no real grounds for concluding that charges would not be laid against Dr. Farrell,  He did not produce any evidence of substance that would support his conclusion beyond the casual conversation which he had with Kelly.  In reality, Macaulay, as I have already shown, indicated on or about July 3lst that he wanted to lay charges against Dr. Farrell.  That suggests to me that in the Department of Justice there was a wish to get on with the matter rather than to procrastinate. In this regard I must note that in answer to a direct question Macaulay stated at the Enquiry that the Minister of Justice had not interfered with the work of the Departmental officers dealing with the investigation, that there had not been any political interference.

There was no evidence that any attempt was made to protect Dr. Farrell from prosecution.  Pike's allegation that there was a "cover-up" was a product of his own imagination and suspicions.  There was no justification for his releasing the police reports to William Rowe or to any other person.

If there was no justification for Pike's actions there was still less for those of William Rowe.  He was dissatisfied with what appeared to be delays in the completion of the investigation and with the absence of any prosecutions.  He had concluded that the investigation might go on and on but that nothing would ever develop from it, that there would never be any prosecution.  He had no solid foundation for that conclusion and no substantive evidence.  As in the case of Pike's conclusions, they did not coincide with what was actually happening behind the scenes, that is, that the Deputy Minister of Justice had been pressing to bring the investigation to the point where charges might be laid,  Rowe seems to have allowed himself to become the victim of rumour or speculation, For example, at one point in his evidence he said:
"... Talking to people casually around, the impression that I arrived at was that there was going to be an on-going investigation forever and ever and ever in the case."
As a person in public life, he should have been sensitive to the fact that others will exaggerate descriptions of what public figures do, that there is a popular belief that prominant [sic] citizens are above the law.  Added to that, he recognized that Pike, who alleged that a "cover-up" was going on, was visibly disturbed when they met.  From his description of Pike's condition, which I have already related, he should certainly have been put on his caution and should not have jeopardized his own reputation by dealing with Pike as he did.  No matter how William Rowe may attempt to justify his conduct in accepting and releasing the reports he did not provide any grounds on which to justify his conduct.

I am not ignoring the concern which Rowe expressed about the safety of tenants in the Elizabeth Towers Apartments.  I would not for one moment doubt that concern.  Indeed, I would go beyond expressing concern about the origin of one fire and I would want to go further than simply wanting to know who, if anybody, caused it.

A fire in any building occupied by a large number of tenants raises many questions which can go to such basic considerations as design and materials used. To what extent have fire resistant materials been used?
Can the spread of fire or smoke or both be controlled or diminished?  What alarm systems exist?  What emergency exits are there?  What fire fighting equipment is on the premises?  Do residents know what to do in the event of fire or an alarm of fire?  What security is maintained on the building? How efficiently can municipal fire fighters work in dealing with a fire?  I am not suggesting that the answers to these and other possible questions would reflect poorly on the operation of the Elizabeth Towers but I do say that anxiety arising out of the fire on April 26th, 1978 should extend to those concerns if any investigation is to be of greatest benefit to the residents.  Indeed, a complete investigation directed at such questions as those I have raised may result in improvements in safety features in the building in question and in the construction and use of other buildings as well.

Related to the question of justification is one other direction given to me by paragraph (l)(c) of my Terms of Reference.  It requires me to enquire into and report upon what should have been done with copies of the reports by those into whose possession they came and what action, if any, should be taken against them.
When the reports were released the investigation into the fire had not been completed, notwithstanding any opinion which Pike may have had to the contrary. At the same time, it was likely that a criminal charge would be laid against Dr. Farrell.

While a suspected crime is being investigated the information which the police have gathered should be treated as confidential in the interest of the investigation itself and in the interest of suspects. Improper release of information could alert a suspect, enabling him to tamper with evidence or to provide himself with a defence or otherwise frustrate the investigation.  Conversely, release of information from an incompleted investigation could implicate a suspect who might later in the investigation be shown to be innocent.  As a matter of fact, in the investigation of the Elisabeth Towers fire it appears that there was one person who was suspected of some involvement but who was cleared of suspicion during the investigation.

When a role is changed, so that a suspect becomes an accused, he should then know what case he has to answer at his trial.  If he has an election and elects to be tried by a judge sitting with a jury, his right to a fair trial should not be prejudiced by the release of information which might not be admissible as evidence at his trial.  In other words, he should not be pre-judged by public opinion.  He is entitled to a trial by a jury whose members have not already been influenced by what they have heard or read in news reports.  There is today a great deal of emphasis on "the right to know" but the right to a fair trial is equally great, if not greater, for it deals with liberty of the subject.  Insofar as a trial is concerned, the "right to know" is recognized in the requirements that trials be public.

In the release of the reports of the Elizabeth Towers investigation, Pike conducted himself in a manner unbecoming to a member of a police force. He was reduced in rank from a detective sergeant to a patrol sergeant, with a consequent reduction in the rate of salary.  He considered that he was "severely punished", to use his own description of the consequences of his actions, but in my view he was treated leniently. His conduct would have justified dismissal.

Only one factor would influence my view as to the action which should have been taken against Pike, and that is the fact that at the present time no penalties appear to exist which could be imposed on William Rowe who caused the reports to be distributed. Pike's conduct was inexcusable but Rowe's conduct was equally inexcusable.  When he received the reports from Pike he should have turned them over to the Chief of Police, as some of the news editors did. If he was not prepared to do that, the least he might have done was point out to Pike the impropriety of what he was doing and refuse to accept the reports.

I refrain from commenting further on what action, if any, might be taken insofar as publication of the reports or any portion of them is concerned because I understand that civil actions may be pending in respect of some of those to whom information was given.

-srbp-

19 February 2010

Elizabeth Towers Fire Inquiry – The Elizabeth Towers Fire and its Investigation

Continued from Part 1 – Introduction and Commission

This Commission of Enquiry was appointed because of the publication of two police reports into a fire which took place in Elizabeth Towers, an apartment building in St. John's.  The fire occurred at about 6:00 a.m. on April 26th, 1978, in an apartment occupied by the Honourable Dr. Thomas F. Farrell, who was then a member of the Executive Council of the Province of Newfoundland.

The Criminal Investigation Division [C.I.D.] of the Newfoundland Constabulary was responsible for investigating the cause of the fire.  The Division was in charge of Detective Inspector Donald Randell.  The arson investigation section of the C.I.D. was headed by Detective Sergeant Arthur Pike, who had four other detectives under his direction in that section.  The arson investigation section did"not investigate all fires.  It investigated all fires whose origins were of a suspicious nature, as well as certain other types of major fires, such as those involving businesses, churches and others.

Detective Robert Hillier was assigned to investigate the Elizabeth Towers fire on the morning when it took place.  I shall not go through the various steps followed in the filing of reports in the C.I.D.  The admissions made with relation to the release and publication of the two reports which were the subject matter of this enquiry show that there was no improper release of information by the staff in the C.I.D. office or any other member apart from Sergeant Pike.  Suffice it to say that a copy of the report would in due course be sent to the Director of Public Prosecutions in the Department of Justice of the Province of Newfoundland.

The first report on the Elizabeth Towers fire was dated June 7th, 1978.  In accordance with normal procedure it was sent to Mr. John Kelly, the Director of Public Prosecutions, who received it June 9th. On June 13th he sent a copy of the report to Mr. Robert Hyslop, the Senior Crown Prosecutor in St. John's, asking him to review it and give his opinion on it in " writing,  Kelly had read the report and said that in his opinion "the investigation was very poorly done".

He said:
"The police had reached a premature conclusion and I saw an obvious need for a lot of additional investigation."
Kelly said that as a result of his own reaction to the report and of Hyslop's assessment of it, he wrote the Chief of Police of the Newfoundland Constabulary on June 14th outlining 24 points which he wanted clarified. He received a further report on July 13th.  It was the C.I.D. report which was dated July 12th and which was one of the reports released to the media.  Kelly said that the second report answered many, but not all, of the questions which he had asked.  In his opinion the questions were "quite material".  He sent a copy of the second report to Hyslop and asked him to review it and to meet with him so that both of them "could discuss what further action was necessary on the file".

Kelly said that he and Hyslop met and discussed the reports.  He said that he "felt at the time that there was an indication that a crime had been committed". He also said that although the second report substantiated his conclusion that there had been a crime and although the report identified the person who may have committed the crime, he "was not completely satisfied with the police investigation".  He and Hyslop had several discussions on the question of whether they had enough evidence to warrant the laying of charges.  He then decided to bring the file to the attention of the Deputy Attorney General, Mr. George Macaulay. 

Kelly said that in any case where there is difficulty he would ask for a second, or even a third, opinion.  He added that if Macaulay gives instructions that charges are to be laid straight away those instructions are followed because Macaulay is his superior.  When he consulted Macaulay, the latter decided that Inspector Randell should assume responsibility for providing the additional information which Kelly and Hyslop were seeking.  With reference to Macaulay's attitude towards the investigation, Kelly said:
"He was even more reluctant or more certain that charges should not be laid at that point and he wanted several areas covered that we had not even considered.  He had his doubts about the evidence that had been gathered at that point."
Kelly said that as a result of the consultations with Macaulay a third report was requested.  For an account of how that request was made I turn to the evidence of Macaulay and Randell.

Macaulay said that he first saw the reports of June 7th and July 12th in late July or early August, 1978 when Kelly and Hyslop came to him and "sought advice and instruction regarding progress and future action on the investigation".  He said that both of them were having difficulties in reaching conclusions, They came to him in accordance with the practice of consultation which was followed in the Department of Justice when doubts or difficulties arose.  He said that Kelly and Hyslop were concerned about the efficiency with which the investigation was being conducted and
"...they wanted to discuss the merits of the case, to see whether, in my opinion at that time, there were grounds for possibly laying a charge.  They couldn't reach a firm conclusion."
Macaulay said that Kelly came to see him on a Friday afternoon and he told Kelly that he wanted to study the reports over the weekend.  He arranged to meet with Kelly on the following Monday.  He studied the reports on the weekend.  He said:
"I had reached my own conclusion over the weekend from reading these reports that I, too, like Mr. Kelly had some concern about the quality of reporting and the efficiency of the investigation."
The meeting with Kelly and Hyslop to which I have already referred took place, as planned, on Monday.
It is interesting to note Macaulay's assessment of the two reports.  He described the report of June 7th as "very, very slim, very thin.  No fabric. A lot of police opinion but not much backing with direct, material, concrete evidence".  Fie said that the report of July 12th did not answer all of the questions which Kelly had asked.  He went on:
"My conclusion after reading the reports was that we needed further investigation before charges could be laid.  It was an arson case ... Traditionally that is a difficult case to reach a conclusion on. It was essentially a case of elimination.  We had to sweep aside possible people and circumstances that might have a bearing on the fire.  I then gave Prosecutor Hyslop point by point instructions on where the further investigation should go ..."
Macaulay said that since he was not happy with the way things had been going he was going to get in touch with the Chief of the Newfoundland Constabulary and insist that Inspector Randell, as Head of the C.I.D., should take charge of the investigation. Elaborating on the reasons for his dissatisfaction, Macaulay said:
"I was not happy with the way the statements had been taken.  I wasn't happy with the way Mr. Kelly's 20 to 25 points had been dealt with. I wanted a person in senior rank to take charge of this investigation."
Macau lay spoke to the Assistant Chief of Police who had Randell getting touch with Macaulay,  In relating a conversation with Randell, Macaulay said:
"... I conveyed to him my concern on the question of efficiency, speed and standards of reporting which were quite strong and asked him to contact Prosecutor Hyslop direct to take instructions on the1 further areas of investigation that we felt we needed...I told him ...that the additional areas that I had instructed for investigation should not take too long and I would expect a third report in around 10 days' time.  A third report carne in.  It was longer than 10 days' time because I believe some of the detectives were on holiday at the time and there were some re-arrangements of duties that had to be carried out. But the third report came in ... maybe 22 days after my instruction."
I shall return again to Macaulay's evidence but at this point I turn to that of Inspector Randell to indicate the extent to which it corroborates that of Macaulay.

Randell said that in the morning of July 31st, which was a Monday, the Assistant Chief of Police told him to call Macaulay,  He did so.  He said that they had a lengthy discussion, that Macaulay wanted to hear from him "before Friday because he would like to “lay charges of arson against Dr. Farrell".  Macaulay also told him to see Hyslop, which he did on the morning of August 1st.

I must note an element of urgency reflected in the evidence of Randell and Macaulay, though there is a minor disparity between them.  Macaulay said that he told Randell he would expect a report in about 10 days. 

Randell said that Macaulay told him he wanted to hear from Randell before the Friday following the Monday on which they spoke to each other, that is, within four days.  There is a disparity in the time span referred to in those two statements.  But that is not too important. What is important for the purpose of this enquiry is that the evidence of Macaulay and Randell indicates that Macaulay displayed a sense of urgency in his wish that the Department of Justice be in a position to lay charges as soon as possible.  That is important to remember when it comes to a consideration of the allegations by Sergeant Pike and Mr. William Rowe that there was what was referred to colloquially as a "cover-up".

Randell met with Hyslop after Macaulay directed him to take charge of the investigation and they studied a document which Hyslop had drawn up.  Randell said that he realized it was impossible for him alone to be able to do what was requested in one week.  He was expected to see Dr. Farrell again but Dr. Farrell was at his summer home in the Codroy Valley.  He was also asked to interview Dr. Farrell's son, who was in Ottawa.  Also, Randall felt that it was possible that Hillier, the investigating officer, might know something that was not in his reports, so he wanted to talk to Hillier before proceeding with the investigation.  That could not be done immediately because Hillier was travelling on the mainland of Canada by trailer and Randell did not know where-to reach him.  Randell also wanted to talk to Pike, who was.in St. Anthony on leave.  He reached Pike by-telephone and had him return to St. John's,  They met on August 2nd,  After that meeting, Pike returned to St. Anthony.  I shall have to pick up that part of the narrative again when I review Pike's activities.

Around August 5th or 6th Randell told Macaulay that he needed more time,  On August 16th. Randell submitted the third report.  At that time there was .a witness whom Randell wished to interview but- she was in Western Canada.  He said that in his August 16th report he stated that he would see that witness 'when she.returned to St, -John's, that he might get a statement from her and that he 'would then submit a further report.

Macaulay had the following to say about the third report:
"We looked at the third report, coupled with the first and second and I had a further meeting with . the prosecutor, Mr, Hyslop and the Director, Mr. Kelly.  Again, I wasn’t happy with the third report. There were areas to be eliminated, there were people to be eliminated,  I wanted these people to be interviewed."
Macaulay said that he wanted some polygraph testing done.  Apparently, as a result of a voluntary polygraph examination of one person whom Macaulay regarded as a possible suspect, that suspect was relieved of suspicion. Macaulay said that as a result of the instructions he gave a fourth report was received near the end of September.  Randell said that the report was dated September 15th.

Randell went to Ottawa on September 18th to attend a six-week course at the Canadian Police College. On September 26th or 27th he was instructed to return to St, John's because of the leakage of the reports of June 7th and July 12th to the news media.  He returned on September 29th for the purpose of reviewing the entire investigation arid to make recommendations. He studied the reports and met with Macaulay and Kelly. He said:
"It was decided that I should check on all the statements that were taken, re-interview the witnesses and, as I stated, make recommendations or suggestions.  I conducted the further investigation and I recommended that Dr. Farrell be charged with arson. I then went to Provincial Court in St. John's and I laid an information charging him with arson."
The records show that the information was laid on October 16th, 1978.  In due course a preliminary enquiry was held and the charge against Dr. Farrell was dismissed.

Even though some five months elapsed from the date of the fire to the laying of an information, this was not an inordinate delay, nor was it unusual.  When it appears that a criminal offence has been committed police investigators may very well have suspicions and may, indeed, have well-founded suspicions.  Having suspicions and proving the commission of an offence to the satisfaction of a court are two different matters.  Indeed, this same investigation and the subsequent preliminary enquiry demonstrated this.

-srbp-

16 February 2010

Elizabeth Towers Fire Inquiry – Intro/Commission


First Report
Public Enquiry into Release and Publication
of
Police Reports into Fire at Elizabeth Towers,
St. John’s
Submitted to His Honour the Lieutenant Governor
August 16th, 1979
His Honour Judge P. Lloyd Soper, D.C.J.
Commissioner

Introduction

This Enquiry was constituted under The Public Enquiry Act by the following Commission of appointment.
ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories, QUEEN, Head of the Commonwealth,  Defender of the Faith.

Gordon A. Winter, Lieutenant-Governor
T. Alexander Hickman, Minister of Justice

COMMISSION TO:

HIS HONOUR JUDGE P, LLOYD SOPER
Judge of the District Court of Humber-St. George's Corner Brook, Newfoundland

GREETING:

WHEREAS it appears desirable and expedient in the public interest that an enquiry be held relating to certain matters respecting the release and publication of police reports concerning an investigation into a fire at Elizabeth Towers, St. John's, and for other matters pertaining thereto;

NOW KNOW YE that under and by virtue of The Public Enquiries Act, Chapter 314 of the Revised Statutes of Newfoundland, 1970, We, by and with the advice of Our Executive Council of Our Province of Newfoundland, reposing great trust and confidence in your knowledge, integrity and ability, have constituted and appointed and do by these Presents constitute and appoint you the said

P. LLOYD SOPER

to be a Commissioner to conduct an investigation into the matters following and to make such recommendations with regard to any and all of those matters and other matters connected therewith as you may think fit, that is to say

(1)    to enquire into and report upon all facts and circumstances relating to or having a bearing upon the publication of the contents of two confidential police reports dated June 7, 1978, and July 12, 1978, respectively, addressed to the Deputy Minister of Justice for the attention of the Director of Public Prosecutions relating to the investigation by the Department of Justice into the cause and origin of and possible responsibility for a fire at Elizabeth Towers Apartments, St. John's, on April 26, 1978, including but without prejudice to the foregoing generality

(a)  to determine and report upon all persons involved in or connected with the release, transmission, duplication, delivery and publication of the contents of the said reports;

(b)  to consider and report upon the justification, if any, for such release, transmission, duplication, delivery and publication by any of the persons referred to in paragraph (a) in the public good, in the interest of the administration of justice or otherwise as you deem fit; and

(c)    to enquire into and report upon what, in your opinion, any person referred to in paragraph (a) who came into possession of the said documents ought to have done with them either in the public interest, in the interest of the administration of justice or otherwise as you deem fit and what action, if any, should be taken against such person or persons.

(2)    to report as to whether, in your opinion, legislation, either by statute or by regulation, should prescribe for penalties for failure to maintain confidentiality of police reports in particular, and generally documents which are classified by the Crown as confidential, and if so

(a)  what penalties or sanctions should be imposed on police officers and other persons employed in the Public Service for breach of such confidentiality, and

(b)    without prejudicing the basic concepts of freedom of the press, whether persons, other than public servants, should be sanctioned and if so, what class of persons and to what extent.

(3)  to make such enquiry and to report upon any matter which you consider to be incidentally connected with any of the matters referred to in paragraphs (1) and (2).

AND WE DO by these Presents confer upon you, the said Commissioner, the power of summoning before you any witness or witnesses and of requiring all such witnesses to give evidence orally or in writing upon oath or solemn affirmation, and to produce such documents and things as you, the said Commissioner, may deem requisite to the full investigation of the matter which you are appointed to enquire into;

AND WE DO by these Presents authorize you, the said Commissioner, to adopt such procedure and methods as you, the said Commissioner, may from time to time deem expedient for the proper conduct of the enquiry and to sit at such times and places as you, the said Commissioner, may from time to time decide;

AND FURTHER, We require you, with as little delay as possible to report to us your findings upon the matters herein submitted for your consideration.

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent and the Great Seal of Newfoundland to be hereunto affixed.

WITNESS:  Our trusty and well beloved the Honourable Gordon Arnaud Winter, Officer of Our Order of Canada, Lieutenant-Governor in and for Our Province of Newfoundland.

AT OUR GOVERNMENT HOUSE in Our City of St. John's this 23rd day of February in the year of Our Lord one thousand nine hundred and seventy-nine and in the Twenty-eighth year of Our Reign.

BY COMMAND,
Deputy Registrar General

At my request and in accordance with my recommendation His Honour the Lieutenant Governor in Council appointed Frederick R. Woolridge Esq., Q.C. of Corner Brook to be Commission Counsel and Paul Stapleton Esq., Barrister and Solicitor of St. John's to be Assistant Counsel and Secretary.  Hearings of the Commission had to be scheduled in order to accommodate prior judicial and professional commitments of myself as Commissioner and of Counsel. The first sittings took place in St. John's on Monday and Tuesday, April 2nd and 3rd, 1978, [See note below*] followed by further sittings on Monday and Tuesday, April 9th and 10th, At those sittings 21 witnesses gave sworn testimony.

On April 10th I adjourned the hearings to Wednesday, May 16th in order to provide ample opportunity for interested persons or groups to prepare briefs relating to the recommendations I was asked to make under Section 2 of the Terms of Reference. 

In order that the widest possible publicity might be given to my invitation for  briefs, the Secretary to the Commission placed advertisements in 13 newspapers in the Province. In addition, he wrote the following, inviting them to submit briefs:

  • Royal Newfoundland Constabulary 
  • Royal Canadian Mounted Police 
  • Police Brotherhood [Editor’s note:  now the RNC Association] 
  • Treasury Board 
  • Newfoundland Association of Public Employees 
  • Law Society of Newfoundland 
  • Canadian Bar Association

At the hearing on May 16th I received a brief from Frederick J. Evans and another on behalf of the Criminal Justice Section of the Newfoundland Branch of the Canadian Bar Association,  I also received a letter on behalf of the Commanding Officer of "B" Division of the Royal Canadian Mounted Police. I do not know, nor can I conclude, whether the sparse response to the invitation for briefs indicates indifference to the subject matter or confidence in the Commissioner.  In any case, it means that recommendations may very well be based largely on my own research, with the assistance of Counsel. It also means that the recommendations will be submitted as a second part of my report.  The first part consists of my findings of fact.


-srbp-

*  The year in this sentence is evidently wrong and is likely a simple typographical error. It should be 1979.  The fire at Elizabeth Towers took place on April 26, 1978.   Soper conducted his first hearings the following April.

Note on this edition:  Commissioner Soper submitted his original first report in 47 pages of typescript. The format of the pages is typical of the time.  Sections are denoted by underlining.  The first line of paragraphs is indented by about one inch in addition to being separated from the previous paragraph by double spaces. In the commission, some portions are flush right, some are centred and others are flush left. 

The title of statutes is not underlined although, by the convention of the time they should have been.

This edition is the result of scanning of the original typed pages.  Each scan was edited to correct any obvious errors in scanning (e.g.  “ray” in the scanned version instead of “my” in the original.)  Errors persist despite several edits.

Section titles are given in bold print and underlining.  As much as possible, all text is presented flush left.  This includes sections such as the numbered and lettered paragraphs in the commission which were indented in the original. Capitalization is as it was in the original.

Direct quotations from evidence given at the inquiry are are presented as in the original.  That is, they are denoted by quotation marks if the section is short and included in the body of a sentence.  In the case of lengthier excerpts, they are given indented and in italics.

There are no texts or tables.

Note on the Public Inquiries Act, RSN 1970, c. 314.  The Public Inquiries Act under which Soper received his commission continued through the statute revision in 1990.  A new inquires law passed the legislature swiftly in 2006, after the House of Assembly spending scandal broke, and received assent in December that year.