The Davies Commission

Inquiry into the Death of Frank Paul
William H. Davies, Q.C., Commissioner

Terms Of Reference

The William H. Davies, Q.C. Commission of Inquiry (2010) Order

Definitions

1     In this order: "commission" means the commission of inquiry established by section 2 of this order;
"Criminal Justice Branch" means the Criminal Justice Branch of the Ministry of Attorney General;
"Mr. Paul" means Mr. Frank Joseph Paul who died in the City of Vancouver on or about December 6, 1998.

Establishment of commission

2     (I)     A hearing and study commission, called the William H. Davies, Q.C. Commission (2010), is established under section 2 of the Public Inquiry Act to inquire into and make a report on the response of the Criminal Justice Branch in relation to the death of Mr. Paul.

     (2)     William H. Davies, Q.C. is the sole commissioner of the commission established under subsection (I).

Purposes of the commission

3     The purposes of the commission are as follows:

  1. to provide Mr. Paul's family and the public with a record of the response of the Criminal Justice Branch in relation to the death of Mr. Paul;

  2. to recommend changes considered necessary to the rules, policies and procedures referred to in section 4 (c).

Terms of reference

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

  1. to conduct hearings, in or near the City of Vancouver, respecting the response of the Criminal Justice Branch in relation to the death of Mr. Paul;

  2. to make findings of fact regarding the response of the Criminal Justice Branch in relation to the death of Mr. Paul;

  3. to examine the rules, policies and procedures of the Criminal Justice Branch respecting its role and response when an individual dies in circumstances similar to the circumstances of Mr. Paul's death;

  4. to recommend changes considered necessary to the rules, policies and procedures referred to in paragraph (c);

  5. to submit a final report to the Attorney General on or before May 31,

WILLIAM H. DAVIES, QC, COMMISSION OF INQUIRY
PURPOSE AND TERMS OF REFERENCE

Purpose:

(a) to provide Mr. Paul’s family and the public with a complete record of the circumstances relating to Mr. Paul’s death;

(b) to recommend changes considered necessary to the rules, policies and procedures referred to in section 4(c), (d) and (e).

Terms of reference:

(a) to conduct hearings, in or near the City of Vancouver, into the circumstances surrounding the death of Mr. Paul;

(b) to make findings of fact regarding circumstances relating to Mr. Paul’s death, including findings of fact respecting the response of British Columbia Ambulance Service, the Vancouver Police Department, the BC Coroners Service, the Office of the Police Complaints Commissioner and the Criminal Justice Branch of the Ministry of Attorney General to the death of Mr. Paul;

(c) to examine the rules, policies and procedures of the Vancouver police board and of the Vancouver police department respecting police interaction with persons who are incapacitated by alcohol or drug use, including directions for the handling, detention, transportation and release of individuals who, as a result of alcohol or drug use, are incapacitated, violent, unable to care for themselves, self-destructive or unconscious;

(d) to examine the rules, policies and procedures of the British Columbia Ambulance Service respecting the interaction of staff of the British Columbia Ambulance Service with persons who are incapacitated by alcohol or drug use, including directions for the handling and transportation of individuals who, as a result of alcohol or drug use, are incapacitated, violent, unable to care for themselves, self-destructive or unconscious;

(e) to examine the rules, policies and procedures of the BC Coroners Service, the Office of the Police Complaints Commissioner and the Criminal Justice Branch of the Ministry of Attorney General related to the role and response of each of those offices where an individual dies in circumstances similar to the circumstances of Mr. Paul’s death;

(f) to recommend changes considered necessary to the rules, policies and procedures referred to in paragraphs (c), (d) and (e);

(g) to identify the health care and social service programs and facilities available in the City of Vancouver that the police may access if a municipal constable determines that a person should not be detained but the person requires immediate health care or social services because the person is incapacitated by alcohol or drug use;

(h) to submit a final report to the Attorney General on or before May 31, 2008.

Frank Paul Inquiry 2007 ©