Paul Cavalluzzo Source of Photo: CBC.CA What follows are extracts from a press conference held by Paul Cavalluzzo, counsel to the Arar Inquiry, September 14, 2005 in Ottawa Paul Cavalluzzo: Although many of our hearings have been in camera, as is the case in analogous areas of the law like national security certificate cases, there are two fundamental differences with our procedure. First, the government evidence was vigorously tested on two bases. Our objectives were to ensure the reliability and accuracy of the evidence and to ensure that the evidence is the kind of information which should be heard in camera. The second difference is that government witnesses were cross-examined by independent commission counsel who had access to all of the documents and information we demanded from the government. As a lawyer I believe that the procedure we adopted might be a model for other areas of the law, such as national security cases which many Canadians believe is fundamentally unfair. Our procedure hopefully accomplished two values which underlie our legal system. First, in this kind of case, government evidence should be vigorously tested by independent counsel and not brought forward before a judge on an ex parte basis. Secondly, secret government evidence should be vigorously tested to ensure that it should not be disclosed to the public particularly when it is the government's actions or inaction under review. Transparency and openness should be the general rule.
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