October 20, 2010
Grand Juries are Democracies’ Grand Idea
By Randy Hillier, MPP Lanark, Frontenac, Lennox & Addington
Successive governments through the years have gradually and incrementally neutered the individual’s ability to hold governments accountable or to punish those who break trust with the electorate. The abolition of grand juries was one of the steps which took power away from the people. It is time to re-introduce grand juries into the Ontario justice system, and provide people with a most essential democratic tool, second only to our right to vote.
First we must dispel any myth that grand juries are an American creation. In truth they originated with British common law and were the ultimate means for citizens to protect themselves from abuses by agents of the Crown, and also a means to scrutinize the many activities of the Crown enacted on behalf of the people.
Unlike the common perception gleaned from American TV, grand juries serve the people in three important ways. First they can investigate government agencies, boards, commissions or other subordinate bodies of parliament and not only render decisions upon their actions, but also compel compliance. Secondly, this same authority can be exercised over both the political and bureaucratic arms of government. Lastly, grand juries can also act and initiate indictments where the Crown is fearful of proceeding with criminal charges against individuals or corporations.
In the wake of the litany of Ontario scandals, spending abuses and issues government are loathe to resolve, it is clear our government is increasingly acting in a manner that is contrary to the public expectation. The e-Health and OLG spending scandals, G-20 fiasco, as well as the HST and Eco-Tax grab, are clear examples of the need for public oversight.
People clearly need a mechanism to hold government and its officials to account or indict those who have acted contrary to the law. Grand juries can serve this purpose, and rejuvenate people’s participation in democracy.
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