VICTORIA - Terms of reference for a public inquiry into the 1998 death of Frank Joseph Paul were released today by Attorney General Wally Oppal.

Paul, a New Brunswick Mi'Kmaq, was found dead in a Vancouver Downtown Eastside alley Dec. 6, 1998, after being released from police custody.

The hearing and study commission, headed by William H. Davies, QC, is being established to provide Paul's family and the public with a record of the circumstances of his death. Davies, the sole member, may recommend changes, as necessary to the relevant rules, policies and procedures of the BC Ambulance Service, the Vancouver police board and police department, the Police Complaints Commissioner, the BC Coroners Service and the Ministry of Attorney General criminal justice branch.

A commission of inquiry was announced earlier by Solicitor General John Les and is established under the new Public Inquiry Act. It is expected to begin work soon with public hearings in Vancouver this fall. The final report is to be submitted by next May 31. The Attorney General is responsible for the Public Inquiry Act and receiving Davies' report. Public inquiry reports will be tabled before the Legislative Assembly following a review related to the applicable sections of the Freedom of Information and Protection of Privacy Act. Oral hearings are open to the public unless the inquiry commissioner determines that protection of a personal or public interest requires otherwise.
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BACKGROUNDER

Aug. 10, 2007

Ministry of Attorney General and Minister responsible for Multiculturalism

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:

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.

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