Proposed changes to how commissions handle inquiries in New Brunswick have caught the ire of opposition members of the legislative assembly.
The new Inquiries Act states all commission hearings should be open to the public however it also looks to grant the power to restrict proceedings if they see fit.
“This is a massive change,” Rothesay MLA Ted Flemming said. “This is taking boards, decision making bodies from all aspects of government and lumping them in to one board under the inquiries act which basically almost functions as an arm of the executive branch.”
Flemming says limiting public and media access to hearings is bad enough but he takes extreme exception to the proposal to allow commissions to restrict participants from proceedings.
“It’s like taking someone in court and saying OK you’re charged with this but you’re not allowed to be here when the trial’s going on.” — Rothesay MLA Ted Flemming
Attorney General Serge Rousselle denies that restricting access is the main focus of the new act saying those measures would only be exercised where required.
“It is opening the door to different avenues to the judge, commissioners, who can make the best decision,” he said. “At the end of the day one has to remember the general rule is to make sure that it is an open process but some other considerations are to be taken into account if there is the need for an exception.”
“The general rule is to always have open hearings.” — N.B. Attorney General Serge Rousselle
Still, Flemming remains skeptical and says the new act brings changes to more than just the Inquiries Act as it goes against promises the government of Premier Brian Gallant has previously made.
“Restrict, restrict, exclude, exclude, restrict,” Flemming noted in the document. “Those are not the words this government campaigned on.”
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