The Health Canada Policy Toolkit for Public Involvement in Decision Making

Level 2 Technique:
Royal Commissions

What Is It?

Royal commissions, or commissions of inquiry, are appointed by Cabinet under the terms of the Inquiries Act in order to carry out full and impartial investigations of specific national problems. The terms of reference for the commission and the powers and the names of the commissioners are officially stated by an Order-in-Council. When the investigation is complete, the findings of the commission are reported to Cabinet and the Prime Minister for appropriate action.

Commissions are often referred to by the name of the chairperson or commissioner(s). For example, the Royal Commission on National Development in the Arts, Letters and Sciences is commonly known as the Massey Commission (chaired by Vincent Massey from 1949-1950).

How It Works

A royal commission is usually initiated by the federal government to address specific concerns or questions, but generally has powers under the Inquiries Act. A commission has an official mandate and objectives and has a separate budget and administrative process. Questions are usually determined by the commission, although often in conjunction with initial public consultations. Commissions often employ several public involvement techniques and the expertise of lawyers throughout their mandate in order to solicit more information from the public. Public involvement techniques can include witnesses, paper submissions and interviews. Commissions are independently run by appointed commissioners and are expected to have a report or recommendations for reform to be reported to Cabinet and the Prime Minister. Although not a process which necessarily uses public involvement techniques, a royal commission can provide the forum for discussions and input from stakeholders.

The following organizational considerations also apply:

• The mandate and actual question under examination need to be specific, although the mandate should be broad enough to catch all client concerns. The actual questions should be specifïc and narrow in scope to prevent problems of interpretation throughout the life of the royal commission.
• Establish the commission in two phases:
  1. initial consultation to determine the commission's scope, mandate and procedures
  2. formal plan addressing
  • participants
  • timing and procedures
  • budget
  • administrative control
  • deliverables, such as reports, research papers, press releases
  • communication needs - information/education
  • relationships - public, media, decision makers
• Monitor the process and adjust as you go along. Exert quality and process control throughout.

When Is It Most Useful?

A royal commission is a useful public consultation vehicle:

• for an issue of fundamental importance, such as a major policy or legislation
• when there is a high level of dissatisfaction and little agreement around an issue
• when trust of government officials is lacking
• when there is strong ministerial and departmental support for change
• when the value conflict underlying an issue appears incapable of resolution
• because its work is independent of politicians and bureaucrats
• because its outcome is generally taken seriously by the public; this raises the stakes for departments, politicians and participants alike
• because it creates expectations; this often contributes to better-quality information and analysis
• because it provides an opportunity for considerable interest group input; as a result, if consensus does occur, it will be strong.

Logistics and Limits

Among the key lessons learned about running an organization capable of supporting the work of a royal commission, in particular establishing and coordinating the work of the staff, are the following:

1. Clarify the roles of the chair and the executive director, then respect the roles without exception.
2. Decide early whether the situation calls for a large, expanding organization or a small, flexible one; then manage the choice strictly.
3. Hire only people who really want to be there.
4. Make internal communications and decision making easy and quick.
5. Make the physical premises conducive to getting the work done.
6. Pay attention to detail.
7. Every quarter, think about when the next major shift of phases will occur, and begin planning for the organizational implications.
8. Manage and provide information consistently and address problems quickly.
9. Do not underestimate the time, skill, effort and resources required to publish major reports.
10. Announce organizational changes early and directly.

Cost Implications

The cost of a specific commission depends heavily on the length and scope of the issue.

Expectations for Feedback or Follow-up

A public report and recommendations to the governing body are the results of a royal commission.

Timeliness

Many of the royal commissions are ongoing. Commissions which dissolve generally last from one year to a decade. The length of time that a commission is formed depends largely on the longevity of the issue being addressed.

Potential Pitfalls

Major challenges include the following:

• understanding the roles of the commission, commissioners, chair, staff and others involved
• planning the work - deciding what needs to be done and how best to do it
• managing and adapting the work
• deciding what to recommend
• writing and publishing reports
• facilitating group effectiveness
• beware of being taken over by legalities
• avoid providing a showcase for inappropriate individual conduct