... when I was appointed Special Rapporteur, I began with an inclination towards recommending a Public Inquiry. However, as I have undertaken the review process, I asked myself repeatedly what purpose a Public Inquiry could serve for Canadians in light of the restrictions on the material that would need to be before the Commissioner. I have concluded it would not serve a useful purpose to enhance trust.
A Public Inquiry would not be, in any material way, public. A commissioner would be in the exact same position I am in: reviewing material in private, speaking to witnesses in private, and ultimately providing the public with conclusions that do not cite much by way of specific evidence. This would be unsatisfying, just as my process is unsatisfying, because it cannot be done in public. But two unsatisfying processes are not going to satisfy. A Public Inquiry would delay but not prevent the inevitable grappling that Canadians (as well as media and Parliamentarians without a security clearance) will need to do with the fact that they are not going to see the intelligence, they are not going to see the internal memoranda, and they are not going to hear from the security agencies in any detailed way. This is in many ways unfortunate, but it is necessary to protect our national security, the sources our intelligence agencies rely on, and our obligations to the Five Eyes partners ...