STEPHENSON: McEvoy inquiry not just about justice

(Weblog Note: Food for thought when we think about PUBLIC INQUIRY. Our motivation might very well be about JUSTICE, however is JUSTICE a politically-correct term to use when approaching those who grant those requests? It can be argued that it is not. Sadly.)

By MARILLA STEPHENSON/Commentary
The Halifax Herald Limited
Wednesday, July 6, 2005

THE INQUIRY into the death of Halifax teaching assistant Theresa McEvoy could end up shining light well beyond the workings of our youth justice system.

So it should, if the evidence leads matters in that direction.

The mandate granted to inquiry commissioner Justice Merlin Nunn contains a "basket clause" that could also permit an examination of the response of the Department of Community Services, says Hugh Wright, the lawyer for the McEvoy family.

McEvoy died last October when the car she was driving was struck by a stolen vehicle. A 16-year-old boy, who had been released from custody in relation to other charges just two days before the accident, is facing charges in the tragedy.

"What steps were taken by social services officials and others to respond to someone who is clearly a young person at risk, before the events of September and October occurred, because warning signs were out for quite a long time," Wright said in an interview.

"The mother, for example, has said that she did seek help for the young person, so we think it's relevant to get into that and see - was there a response, what was it, was it appropriate and that sort of thing."

The squirming that is already going on in the justice community could spread to Community Services, should Justice Nunn decide to examine the social services response. An internal review by the Justice Department has already been critical of the role played by two Crown attorneys.

Wright says the McEvoy family is pleased with the mandate and was consulted by the Justice Department during its development.

"The terms of reference in their final form reflect what we're looking for. Justice Nunn can use his discretion to look at what he deems necessary. So the ultimate shape of his mandate is up to him.

"The basket clause also avoids debate of whether something is or isn't in the terms of reference."

The family has also responded positively to the choice of Justice Nunn, a Harvard University-educated, energetic veteran of the court system. The Sydney native was appointed to the trial division of the Nova Scotia Supreme Court in 1982 after 22 years of practising law in Halifax.

The now semi-retired justice has also served as the province's conflicts commissioner since 1997.

Justice Nunn does not have the power, under the province's public inquiry legislation, to hold individuals responsible or lay blame, but will release a public report that is expected to include recommendations.

"We thought he was an excellent choice," said Wright. "He's been a longtime justice with the Supreme Court. He has a reputation as a guy who gets down to work and gets the job done."

This is a good thing, because come fall, when the inquiry is expected to get underway, Justice Nunn will be called upon to delve into the complex details of the teen's release from court in Windsor two days before McEvoy's death, despite the fact he was facing 26 charges.

In January, the boy pleaded guilty to criminal negligence causing death and causing death while evading police. He recently applied to withdraw his pleas. Time has been set aside on July 20 for a hearing on that request.

The roles played by various justice system officials will be probed, and the findings could prove painful for some of the individuals involved.

And if the performance of our social services network finds itself in the spotlight, this will be a good thing.

We must be careful not to presume where the inquiry will go and, even when young people are involved, maintain the principle of personal responsibility for one's actions.

It is also clear that Justice Nunn's primary responsibility is to review the release of the young person and the procedures and practices surrounding that release. That said, if the family of this teen sought help from our social services network and it was not forthcoming, Nova Scotians deserve to know it.

The McEvoy family clearly has specific concerns about the role of social services in this case.

Whenever questions arise about specific cases and social services responses and decisions, confidentiality requirements typically prevent the details from becoming public.

This is meant to protect the public, but when individuals are unhappy with the outcomes, these requirements also have the potential to shield poor decisions - or, perhaps more likely, an underfunded, overburdened social services system.

Nothing wrong with shedding a little light on that.