Former British Columbia attorney general and B.C. Court of Appeal justice Wally Oppal stops briefly to speak to reporters after being named to head the Pickton inquiry in Vancouver, B.C., on Tuesday September 28, 2010.DARRYL DYCK/The Canadian Press
Wally Oppal is an inspired choice to head British Columbia's inquiry into the Robert Pickton serial killings for the very same reasons he is a risky choice. His words, his findings, his presence, will give the inquiry more power, not less, because he has been at the centre of B.C.'s political and legal worlds for some years now.
Yes, it's risky. Public inquiries need the public's confidence. The Pickton inquiry is about how public institutions - the police and Crown prosecutors - mishandled an investigation into scores of missing women. A perception of a serious conflict, if it is based in reality, could turn the public against the inquiry.
An attorney-general's role goes beyond partisan politics; the job is to stand up for the public interest, and act as senior legal adviser to the Crown. Mr. Oppal was attorney-general from 2005 to 2009. Before that, he was a judge from 1981 until 2005, the last two years as a member of B.C's highest court. It would be a shame if a figure so highly qualified were to be disqualified because he was attorney-general. Yes, it's fair to perceive a conflict, since Mr. Oppal served in a government and will now probe that same level of government. But he served as attorney-general, which implies a less partisan, more "judicial" role.
Besides, his terms of reference do not suggest a direct conflict. He is being asked to probe the conduct of the investigation into missing women; he will also examine the decision of the province's Criminal Justice Branch to drop an attempted murder charge against Mr. Pickton in 1998. He was not attorney-general at that time. When he became attorney-general, he would have been some levels removed from day-to-day decision-making in that branch.
Weighed against the qualities he brings to his role, any perception of a conflict shouldn't count for much. As a judge, he earned the respect of the province's legal community. He also headed a well-regarded inquiry on policing. And he has credibility with the wider public. His job is to recommend changes in how police forces investigate missing women and multiple killings. Recommendations from Mr. Oppal will be difficult to ignore.
Not many former politicians have been appointed to head commissions of inquiry, the B.C. Civil Liberties Association says, but then, there aren't many people like Mr. Oppal - appeal-court judges who became attorneys- general. The government is accountable for its choice, and ultimately for the quality of the inquiry, which depends very much on Mr. Oppal. He can be expected to bring an independent, probing mind to the task.