North Battleford Water Inquiry Justice Robert Lang, Commissioner

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Report of the Commission of Inquiry into matters relating to the safety of the public drinking water in the City of North Battleford, Saskatchewan.

The Commission Mandate The Commissioner Commission Counsel and Staff

Location of Offices Schedule Legal Information

Transcripts News Releases Media Information

Final Report North Battleford Water Inquiry Justice Robert Lang, Commissioner

Click on any heading to return to first page FINAL REPORT

Full Document

Preface

Part I - Background Information

Part II - The North Battleford Plants Department

Part III - The Battlefords Health District

Part IV - The Cryptosporidium Parvum Outbreak April, 2001

Part V - Response to the Outbreak

Part VI - Policies, Guidelines, Procedures and Practices Relatedl to Drinking Water Prior to April, 2001

Part VII - Regulatory Reform

Part VIII - Summary of Findings

Part IX - Summary of Recommendations

Appendices North Battleford Water Inquiry Justice Robert Lang, Commissioner

Click on any heading to return to first page THE COMMISSION MANDATE

Terms of Reference

1. The Commission of Inquiry appointed pursuant to the Order will have the responsibility to inquire into and report on and make findings and make findings and recommendations with respect to any and all aspects of the following matters: a. the circumstances that led to the current contamination of the public water supply of the City of North Battleford; b. the adequacy and effectiveness of the actions taken by officials of the Government of Saskatchewan, the Battlefords District Health Board and the City of North Battleford leading up to and in response to the discovery of the contamination of the public water supply in the City of North Battleford; c. the effect, if any, of the regulations, bylaws, policies, guidelines, procedures and practices of or applicable to the Government of Saskatchewan, the Battlefords District Health Board and the City of North Battleford on the events referred to in (a) and (b); d. any other relevant matters that the Commission considers necessary to determine that the City of North Battleford’s public drinking water is safe in the future. 2. The Commission shall perform its duties without expressing any legal conclusion or recommendation regarding the civil or criminal responsibility of any person or organization. 3. The Commission shall complete its inquiry and deliver its final report, comments, findings, conclusions and recommendations to the Minister of Justice by March 31, 2002. The Commission may give the Minister of Justice such interim reports as it considers appropriate to address urgent matters in a timely fashion. Each report must be in a form appropriate for release to the public, subject to the Freedom of Information and Protection of Privacy Act and other laws. 4. The Commission shall hold public hearings but may hold some proceedings in camera where it is the opinion of the Commission that it is necessary to do so. 5. The Commission shall determine applications by those parties, if any, or those witnesses, if any, to the public inquiry that apply to the Commission to have their legal counsel paid for by the Commission and further determine at what rate such counsel shall be paid for their services. 6. The Commission may set such rules of practice and procedure for the conduct of its duties as it deems appropriate. North Battleford Water Inquiry Justice Robert Lang, Commissioner

Click on any heading to return to first page THE COMMISSIONER

Justice Robert D. Laing, Commissioner • Married - two children. Pre-law Education • McGill University - Bachelor of Arts, 1962 Legal Education • University of Saskatchewan, College of Law - LL.B. (cum laude), 1967. • Awarded Thomas Dowrick Brown prize as most distinguished graduate in law Related Education • The Canadian Securities Course, 1968. Pre-law Employment • Member, Royal Canadian Mounted Police, 1962-1970. Practice • Articled with the law firm, then known as Wedge, McKercher, McKercher & Stack, 1970. • Admitted as a member of the Law Society of Saskatchewan, 1971. • Admitted as a partner in the firm, 1973. • Appointed Queen’s Counsel, Province of Saskatchewan, 1986. • Inducted as a Fellow, American College of Trial Lawyers, 1988. Bar-related Activity • Canadian Bar Association, member of council, 1972-1980. • Saskatchewan Bar Association, Executive, 1974-1979 (President, 1979). • Law Society of Saskatchewan, Bencher, 1982-1988 (President, 1986). • Federation of Law Societies of Canada, Director, 1986-1991 (President 1989-1990). • Federation of Law Societies of Canada, Joint National Committee on Legal Education, 1990-1992. • Law Society of Saskatchewan Interjurisdictional Practice Advisory Committee, 1992-1993. Legal Education Activity • Lecturer in Law, University of Saskatchewan, College of Law, ○ 1971-1973 (Company Law) ○ 1974-1976 (Civil Practice and Procedure). • Lecturer on Law Society of Saskatchewan Bar Admission Course and Civil Procedure, ○ 1982-1988 (Evidence and Proof). • Continuing Legal Education - occasional lecturer on selected topics in administrative law, insurance law and trial advocacy. • Chairperson, Law Society Ad Hoc Committee to review and report on the current Articling and Bar Admission Course Program, 1988-1989. • Member, Federation of Law Societies of Canada, Joint National Committee on Legal Education, 1990-1992. Legal-related Activity • Chairperson, Saskatchewan Police Commission, (part time) 1989-1994. • Chairperson, Education Relations Board of Saskatchewan, (part time) 1991-1994. • Community Activity • Director of the Saskatoon Club, 1981-1988 (President, 1987). • University of Saskatchewan Senate, 1983-1987 (Executive Committee, 1985-1987). • Saskatchewan Order of Merit Advisory Council, 1989-1994. • Saskatoon United Appeal - Chairperson, Legal Group, 1994. Board of Directors • Director of Northern Transportation Company Limited, 1976-1985 (Audit Committee, 1983-1985). Justice Laing was appointed to the Court of Queen’s Bench November 1, 1994. North Battleford Water Inquiry Justice Robert Lang, Commissioner

Click on any heading to return to first page COMMISSION COUNSEL AND STAFF

James Russell, Commission Counsel • James Russell was called to the Saskatchewan Bar in 1983. He is a partner with McDougall Gauley and carries on a mixed practice with emphasis in the areas of municipal law, commercial law and intellectual and industrial property. Prior to legal practice, Russell was a full-time member of the Faculty of Law at the University of Hull in England.

Warren Bickford, Executive Director • Warren Bickford comes to the Commission from the position of Director of Communications and Public Education for Saskatchewan Justice. Previously, Bickford was the Acting Executive Director of Communications and Public Education for Saskatchewan Health and was Director of Public Affairs for the Regina Health District from 1992-1996. He is Vice Chair of the International Association of Business Communicators Research Foundation.

Christopher Boychuk • Chris Boychuk obtained his LL.B. from the University of Saskatchewan in 1986 and was called to the Saskatchewan Bar in 1987. He is currently an associate with the McDougall Gauley Law Firm in Saskatoon. He has a general civil litigation practice focusing in the areas of commercial, construction, debtor/creditor litigation.

Blair Bleakney • Blair Bleakney was called to the Saskatchewan Bar in 1999. He is an associate with McDougall Gauley with a general practice of law, practicing primarily in the areas of corporate/commercial litigation and debtor/creditor litigation. Before joining the former McDougall Ready firm in May 2000, Bleakney was an articling student and then junior solicitor with the city of Saskatoon, City Solicitor’s office.

Jessica Ashton, Secretary/Receptionist, Saskatoon

Wilma Hrabia, Secretary/Receptionist, North Battleford North Battleford Water Inquiry Justice Robert Lang, Commissioner

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THE NORTH BATTLEFORD WATER INQUIRY is Closed.

All inquiries please contact: (306) 787-7872 North Battleford Water Inquiry Justice Robert Lang, Commissioner

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Confirmed Hearing Dates September 17 - 20 October 9 - 12 October 15 - 19 November 5 - 9 November 13 - 16 November 26 - 30 December 3 - 6 January 14-15, 2002 (Final Argument) *Please note: Dates subject to change

Hearing transcripts available at tscript.com. Located in the Transcript Repository.

• June 22, 2001 - Applications for Funding • June 26, 2001 - Applications for Standing and Funding • June 26, 2001 - Standing and Funding Hearings • July 10, 2001 - Ruling on Standing and Funding

Witness List • Witness List by Date of Appearance • Witness List - Alphabetical

Witness Schedule • December Witness Schedule • November Witness Schedule • October Witness Schedule • September Witness Schedule North Battleford Water Inquiry Justice Robert Lang, Commissioner

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Schedule for Final Submissions

Monday, January 14, 2002

10:00 a.m. to 5:00 p.m. 1. Association of Professional Engineers and Geoscientists of Saskatchewan (up to one hour) Final Submission Document 2. Saskatchewan Environmental Society and Nature Saskatchewan (up to one hour) Final Submission Document 3. The Battlefords Health District (up to one hour) Final Submission Document 4. Dr. Benadé, Dr. Butler-Jones, Dr. Young (up to one hour) Final Submission Document 5. Canadian Union of Public Employees, Local 287 (up to one hour) Final Submission Document

Tuesday, January 15, 2002

9:00 a.m. to 5:00 p.m. 6. The North Battleford Citizens Group (up to two hours) Final Submission Document 7. The Government of Saskatchewan (up to two hours) Final Submission Document 8. The City of North Battleford (up to two hours) Final Submission Document

Note: As the length of oral presentations may vary, schedule is subject to change Short breaks will be taken mid-morning and mid-afternoon. Lunch will be from approximately 12:30 p.m. to 2:00 p.m. North Battleford Water Inquiry Justice Robert Lang, Commissioner

Click on any heading to return to first page LEGAL INFORMATION

• The Public Inquiries Act

• Order-In-Council

• Terms of Reference

• Rules of Procedure and Practice

• Notice of Hearing

• Ruling on Standing and Funding

• December 14, 2001 - Ruling on Final Submissions North Battleford Water Inquiry Justice Robert Lang, Commissioner

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Hearing transcripts available at tscript.com Located in the Transcript Repository

• June 26, 2001 - Standing and Funding Hearing

• July 10, 2001 - Ruling on Standing and Funding

• Witness List by Date of Appearance

• Witness List - Alphabetical

• List of Exhibits acopdflogo.gif (1196 bytes) North Battleford Water Inquiry Justice Robert Lang, Commissioner

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August

August 28 Water Inquiry Schedule Announced

June

June 5 Water Inquiry Details Announced

May

May 10 Justice Robert Laing to head Water Inquiry North Battleford Water Inquiry Justice Robert Lang, Commissioner

Click on any heading to return to first page MEDIA INFORMATION

Witness List • Witness List by Date of Appearance • Witness List - Alphabetical

Witness Schedule

• December Witness Schedule • November Witness Schedule • October Witness Schedule • September Witness Schedule

Schedule for Final Submissions Monday, January 14, 2002

10:00 a.m. to 5:00 p.m. 1. Association of Professional Engineers and Geoscientists of Saskatchewan (up to one hour) 2. Saskatchewan Environmental Society and Nature Saskatchewan (up to one hour) 3. The Battlefords Health District (up to one hour) 4. Dr. Benadé, Dr. Butler-Jones, Dr. Young (up to one hour) 5. Canadian Union of Public Employees, Local 287 (up to one hour) Tuesday, January 15, 2002

9:00 a.m. to 5:00 p.m. 6. The North Battleford Citizens Group (up to two hours) 7. The Government of Saskatchewan (up to two hours) 8. The City of North Battleford (up to two hours) Note:

1. As the length of oral presentations may vary, schedule is subject to change 2. Short breaks will be taken mid-morning and mid-afternoon. 3. Lunch will be from approximately 12:30 p.m. to 2:00 p.m. North Battleford Water Inquiry Justice Robert Lang, Commissioner

Click on any heading to return to first page MEDIA INFORMATION - Continued

In the Hearing Room:

• Two tables have been set aside in the hearing room for use by the media. • A media box will be provided. • Space has been set aside for cameras. The camera must be set up and ready at the time the hearing is called into session and it is not to be removed from the tripod at any time while the hearing is in session. The camera is to remain in place until a break in the hearing. ______

Requests for information can be made to: c/o Saskatchewan Justice 10th Floor, 1874 Scarth Street Telephone: (306) 787-7872 Facsimile: (306) 787-3874