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UBC Theses and Dissertations

Commissions of inquiry and participation in Canada MacVay, Iain 1986

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COMMISSIONS OF INQUIRY AND PARTICIPATION IN CANADA By IAIN MACVAY B.A. (Political Science), University of British Columbia, 1980 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in THE F A C U L T Y OF GRADUATE STUDIES DEPARTMENT OF POLITICAL SCIENCE We accept this thesis as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA January 1986 (c) Iain MacVay, 1986 In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. Department The University of British Columbia 1956 Main Mall Vancouver, Canada V6T 1Y3 DE-6(3/81) ABSTRACT Commissions of Inquiry have been used as public policy instruments for hundreds of years by governments in Britain and since before confederation by governments in Canada. Over the years, the principle function of commissions has varied from minor investigations of specific instances of wrongdoing, to wide ranging investigations of major public policy issues. In Canada, a shift occurred from the former function to the latter during the 1930s and 1940s. Since the 1930s, Canadian commissions have also begun to actively encourage participation by members of the public in commission hearings. This paper examines participation before commissions of both the traditional type and the modern type, with an emphasis on commissions which held hearings in the 1930s and those which held hearings in the 1970s. Sample commissions were chosen from both periods, and from both federaland provincial jurisdictions. Analysis of the participation data collected reveals that commissions have experienced a shift in the types of participants appearing before them from well-funded, highly organized interest groups and corporations in the hearings of traditional commmissions to voluntary groups and individuals in the hearings of modern commissions. Some consideration is given in the paper to the different mechanisms adopted by modern commissions to encourage and facilitate participation by people and groups with few resources. In particular, it is concluded from an analysis of the participation data that the number of locations at which commissions hold hearings has a substantial impact on participation by people and groups with few resources. ii TABLE OF CONTENT Abs t r a c t i i Chapter I 1 Table 1 - P a r t i c i p a t i o n Before Commissions of the T r a d i t i o n a l and the Modern S t y l e 22 Table 2 - P a r t i c i p a t i o n Before Commissions Dealing With D i f f e r e n t Issue-Areas . 32 Figure A - P a r t i c i p a t i o n by I n d i v i d u a l s Before Commissions With Varying Numbers of Locations f o r Hearings . . . 38 Figure B - P a r t i c i p a t i o n by Voluntary Groups Before Commissions With Varying Numbers of Locations of Hearings . .. 40 Figure C - P a r t i c i p a t i o n by I n d i v i d u a l s Before Commissions With Varying Numbers of Days of Hearings 44 Figure D - P a r t i c i p a t i o n by Voluntary Groups Before Commissions With Varying Numbers of Days of Hearings 45 Notes 55 Commissions 58 Bib l i o g r a p h y 60 i i i -1 -If some Canadians have an interest in an issue, but they cannot afford to hire a lobbyist, and they do not have any good friends in or near Cabinet, how do they articulate their interest? The most likely answer is that they would resort to letter-writing and placard-carrying campaigns in the hope of capturing the attention of the news media or a sympathetic decision-maker. Unfortunately, the hope that letter-writing and placard-carrying campaigns will capture enough attention to allow a meaningful input to any given policy debate is largely futile. There are too many policies and too many interests for either elected or non-elected officials to be able to acknowledge, much less consider, each interest. Furthermore, without the resources needed to hire a professional lobbyist, it is very difficult to know which official might be sympathetic to a specific interest on a given issue. The Canadian Commission of Inquiry is one mechanism which can be used for articulating interests directly to decision-makers without incurring the costs of lobbyists and without requiring social or political contacts with elected decision-makers. This paper will address the question of whether people and groups with few resources actually use the opportunities which are presented by commissions of inquiry. The thesis of this paper is that people and groups with few resources respond to the participatory opportunities presented by commissions of inquiry and that commissions, therefore, provide a needed supplement to the regular parliamentary mechanisms for interest articulation. The Canadian Commission of Inquiry is a difficult institution to define. Commissions of inquiry are sometimes referred to as Royal Commissions, sometimes as Task Forces. The Law Reform Commission of Canada tried to define commissions by referring to statutory sources of commission mandates, but was not successful. 1 At the federal level, the Public Inquiries Act is a commonly used empowering statute for commissions, but forty-seven other statutues provide for commissions of inquiry with - 2 -specific reference to the Inquiries Act, while forty federal statutes provide for commissions without any reference to the Inquiries Act.2 For example, the Berger Commission on the Mackenzie Valley Pipeline proposals was commissioned under the sole authority of the Territorial Lands A c t . 3 The Law Reform Commission finally defined 'commissions of inquiry' to refer to all government-sanctioned inquiries with a specific mandate to inquire into an issue. The questions raised in this paper will be addressed principally by testing four hypotheses. The first hypothesis is that hearings held by modern commissions of inquiry will attract a larger proportion of participants with few resources than hearings held by traditional commissions, which had a large proportion of well endowed participants. This hypothesis arises from the assertion to be developed below, that modern commissions use public hearings to actively encourage participation by as many interested parties as possible, while the traditional commissions preferred to use hearings primarily as a forum for getting formal input from people and groups who were identified by the commissioners as having a specific expertise which the commissioners wanted to draw upon. The second hypothesis of this paper is that the proportion of participants who have few resources will tend to be greatest for those commissions which deal with issues of broad appeal and which are not perceived as highly technical in nature. The type of issue being considered by a commission should have some effect on the kind of participants appearing before the commission at hearings, but this effect should be overcome by the greater effect of enhanced opportunities for participation which are offered by modern commissions of inquiry. If it could be shown that the greatest effect on participation was merely the issue being considered by the commission, then - 3 -the efforts aimed at enhancing participation by people and groups with few resources would have to be considered to be of limited value. The third hypothesis is that participation by people and groups with few resources is greatest as a proportion of participation in commission hearings for those commissions which conduct hearings in the greatest number of locations. The idea of taking the hearing to the participants has been one of the major hallmarks of the modern Canadian commission of inquiry. The argument in support of this hypothesis is that people and groups with few resources always want to participate in commission hearings but cannot afford to if they have to travel to Ottawa or Vancouver, or some other location so remote from Fort St. John or wherever these people and groups are located. The fourth hypothesis is that participation by people and groups with few resources is greatest for commissions which hold hearings on the greatest number of days. This hypothesis is suggested by the argument that people will continue to fill commission hearings as more time is provided for those hearings. According to the thesis of this paper, such an argument should not be supported by the facts except where an extra day makes access to hearings easier due to other commitments on other days by potential participants. The thesis here is that specifically interested people and groups with few resources will respond to enhanced access, not that people will continue to drift in to commission hearings as long as the hearings are open. The four central hypotheses of this paper can be summarized as follows: 1. The modern style of commission, with its emphasis on participation, attracts a larger proportion of participants who have few resources than the traditional syle of commission which was not very concerned with participation. 2. Participation by people and groups with few resources is a significant proportion of total participation only for commissions which deal with issues of general appeal which are not perceived as highly technical in nature. - * -3. P a r t i c i p a t i o n by people and groups with few resources is greates t for commiss ions which conduct hearings in the greates t number of locat ions . 4. P a r t i c i p a t i o n by people and groups wi th few resources is greates t for commiss ions which hold hearings for the largest number of days . A l t h o u g h the four hypotheses discussed above w i l l f o r m the core of this paper , some of the c h a r a c t e r i s t i c s of m o d e r n commiss ions which a f f e c t p a r t i c i p a t i o n before those commiss ions , but wh ich are not d i r e c t l y addressed by the four hypotheses , w i l l be br ie f ly discussed toward the end of the paper . Some of these c h a r a c t e r i s t i c s , such as representat iveness of commiss ioners and funding of in terveners deserve extens ive e m p i r i c a l t r e a t m e n t . U n f o r t u n a t e l y , for the commiss ions being cons idered here , data sources are not adequate to provide anyth ing but a br ie f discussion of these c h a r a c t e r i s t i c s . T h e four hypotheses def ined above w i l l be tes ted by e x a m i n i n g p a r t i c i p a t i o n before th ir teen commiss ions of inquiry , six of which were drawn f r o m the f e d e r a l jur i sd ic t ion , seven f rom the p r o v i n c i a l jur i sd ic t ion of B r i t i s h C o l u m b i a . D a t a c o l l e c t e d by e x a m i n i n g the p a r t i c i p a t i o n before these commiss ions w i l l then be presented and a n a l y z e d in order to assess var ia t ions in the proport ion of par t i c ipant s wi th few resources appear ing before d i f f erent commiss ions . T h e data wi l l be a n a l y z e d in t erms of explanat ions for v a r i a t i o n which are suggested by the hypotheses .^ T h e th ir teen c o m m i s s i o n s which were used to c o l l e c t data on par t i c ipant s who made presentat ions at c o m m i s s i o n hearings are l i s ted below wi th their jur i sd i c t i on , the date of publ i ca t ion of the ir f ina l report and the names of the c o m m i s s i o n e r s , where the commiss ions are c o m m o n l y ident i f i ed by the commiss ioners l i s ted in parentheses: 1. R o y a l C o m m i s s i o n on H e a l t h Insurance ( B . C . ; 1981). 2. R o y a l C o m m i s s i o n on State H e a l t h Insurance and M a t e r n i t y Benef i t s ( B . C . ; 1932). - 5 -3. R o y a l C o m m i s s i o n on C o a l and P e t r o l e u m P r o d u c t s ( B . C . ; 1935). k. R o y a l C o m m i s s i o n on F o r e s t R e s o u r c e s ( B . C . ; 1945). 5. R o y a l C o m m i s s i o n on F a m i l y and Chi ldren's L a w ( B . C . ; 1975). 6. R o y a l C o m m i s s i o n on F o r e s t Resources ( B . C . ; 1976; P e a r c e ) . 7. R o y a l C o m m i s s i o n of Inquiry into H e a l t h and E n v i r o n m e n t a l P r o t e c t i o n -U r a n i u m M i n i n g ( B . C . ; 1980; Bates).- 5 8. R o y a l C o m m i s s i o n on P r i c e Spreads ( C a n a d a ; 1937). 9. R o y a l C o m m i s s i o n on D o m i n i o n - P r o v i n c i a l Re la t ions ( C a n a d a ; 1940; R o w e l l - S i r o i s ) . 10. R o y a l C o m m i s s i o n on the Status of W o m e n ( C a n a d a ; 1969). 11. R o y a l C o m m i s s i o n on C o r p o r a t e C o n c e n t r a t i o n (Canada; 1979). 12. Task F o r c e on C a n a d i a n U n i t y ( C a n a d a ; 1979; P e p i n - R o b a r t s ) . 13. R o y a l C o m m i s s i o n on Newspapers ( C a n a d a ; 19808; K e n t ) . T h e c h o i c e of c o m m i s s i o n s for this paper was cons tra ined by the need to test the hypotheses as we l l as by the de f in i t ion of commiss ions being e m p l o y e d . F i r s t , commiss ions had to be chosen largely in pairs which e x a m i n e d roughly s imi lar issues but in d i f f erent t i m e periods in order to f a c i l i t a t e the c o m p a r i s o n between the ear ly and modern commiss ions cons idered in the f irs t hypotheses . T h i s proved to be a substant ia l problem because commiss ions d id not form conven ient pairs deal ing wi th i d e n t i c a l issues in the appropr ia t e t i m e per iods . F o r t u n a t e l y , a suf f i c ient number of examples of s imi lar commiss ions are ava i lab le to c o m p a r e the t r a d i t i o n a l s ty le to the m o d e r n s ty le . In some instances , the names of two commiss ions do not suggest c o m p a r a b i l i t y , but the a c t u a l proceedings are c o m p a r a b l e on the grounds of the type of issues being cons idered and the way they were inves t iga ted . T h e second cons tra in t on the c h o i c e of commiss ions arises f rom the need , in test ing the second hypothes is , to c o m p a r e the e f f ec t s of d i f f erent kinds of issues on p a r t i c i p a t i o n . C o m m i s s i o n s had to be chosen to p e r m i t c o m p a r i s o n between - 6 -commiss ions dea l ing with genera l , n o n - t e c h n i c a l issues and those dea l ing with m o r e narrow, m o r e t e c h n i c a l issues. T h e issues had to be d i f ferent enough to p e r m i t worthwi le c o m p a r i s o n , but not so d i f f e r e n t that the narrower issues prec luded any p a r t i c i p a t i o n on the grounds that nobody c o u l d be e x p e c t e d to be in teres ted in the issue. A th ird cons tra in t on the se lec t ion of commiss ions was the desire to inc lude both f e d e r a l and p r o v i n c i a l commiss ions in the s tudy. F o r purposes of the second hypothesis , two issue areas f r o m e a c h jur i sd ic t ion were chosen . O n e p r o v i n c i a l issue a r e a and one f e d e r a l issue a r e a were chosen which cou ld be labe l l ed t e c h n i c a l , while one p r o v i n c i a l issue a r e a and one f e d e r a l issue a r e a were chosen which c o u l d be labe l l ed as genera l . D a t a on p a r t i c i p a t i o n before e a c h of the commiss ions be ing cons idered in this paper was c o l l e c t e d by r e f e r r i n g to l ists of witnesses appear ing at hearings where such lists were ava i lab le or by looking up t ranscr ip t s of hearings , or for data on the B . C . R o y a l C o m m i s s i o n on C o a l and P e t r o l e u m P r o d u c t s , by c o m b i n g through the handwri t ten dai ly notes of a di l igent C o m m i s s i o n s e c r e t a r y . T h e nature of e a c h p a r t i c i p a n t and whether or not they had few resources was usually ev ident f r o m transcr ip t s o f hear ings . Many group p a r t i c i p a n t s , espec ia l ly those appear ing before m o d e r n commiss ions , were suf f ic ient ly we l l -known that l i t t l e or no research beyond the group name was necessary . Witnesses appear ing before many c o m m i s s i o n s ident i f i ed their group's func t ion and genera l s t ruc ture as an in troduc t ion to the ir submiss ion. These i n t r o d u c t o r y c o m m e n t s m a d e c a t e g o r i z a t i o n of o therwise unknown groups fa i r ly s t r a i g h t f o r w a r d and re l iab le . A very few groups such as G W A N , or G r o u p Without a N a m e , def ied i d e n t i f i c a t i o n of the ir nature or the resources ava i lab le to t h e m . These groups were gathered in a res idual c a t e g o r y . It is worth not ing that the use of l ists of witnesses - 7 -has i ts t raps , such as a po l icy by some commiss ions of l i s t ing every person who appeared as a witness , a l though a number of these people may have appeared together represent ing a spec i f i c group. In such instances , the group was c o u n t e d as hav ing made one submission and the people represent ing the group were not c o u n t e d as ind iv idua l p a r t i c i p a n t s . Where d i f f e r e n t chapters of a group made submissions at separate hearings , using d i f f erent indiv iduals , the group was c o u n t e d as having made a separate submission at each hear ing . T h e p a r t i c i p a t i o n data used in this paper is based solely on records of ora l submissions made before the commiss ions being e x a m i n e d . P a r t i c i p a t i o n in the form of w r i t t e n submissions was not inc luded in the data be ing a n a l y z e d here for two main reasons. F i r s t , a c o m p a r i s o n of the records of the ora l and w r i t t e n submissions indicates a large amount of o v e r l a p . T h i s over lap is a result of the p r a c t i c e o f present ing a wr i t t en submission in conjunct ion wi th an ora l submiss ion. In the records of the R o w e l l - S i r o i s C o m m i s s i o n , the l ists of the two types of submissions were a l m o s t i d e n t i c a l . T h e number of w r i t t e n submissions does not, however , a lways m a t c h the number of o r a l submissions f r o m d i f f erent ca tegor ie s of p a r t i c i p a n t s . T h e C o r p o r a t e C o n c e n t r a t i o n C o m m i s s i o n r e c e i v e d 10% m o r e w r i t t e n submissions than o r a l submissions f r o m c o r p o r a t i o n s , a n d , corresponding ly , 10% fewer wr i t t en submissions than o r a l submissions f rom indiv iduals . T h e Status of W o m e n C o m m i s s i o n r e c e i v e d 33% of the ir t o t a l submissions in w r i t t e n f o r m only . O f these, 70% were f rom indiv iduals , 22% were f rom profess ional , s tudent , c h u r c h and other assoc iat ions , and the r e m a i n i n g 8% were d i s tr ibuted m o r e or less evenly amongst other types of witnesses. T h e records of both commiss ions were in f a c t unusual in f inding such a d i f f erence be tween the wr i t t en and o r a l submissions. Never the le s s , the over lap of ora l - 8 -and written submissions received by both commissions was far greater than the number of submissions received in written form only. The second, and most important reason for not including written submissions along with oral submissions is that the records of written submissions are not consistently complete for the commissions being studied. To a considerable extent the usual similarity in commission records between written and oral submissions may be a result of commissions not keeping a record of the many letters which they receive, especially from individuals, and which might be considered to be written submissions. Each of the participants appearing before a commission at a hearing was categorized to allow analysis of the data. The categories used were: 1. Interest groups with extensive resources, referred to as institutional groups in this paper. 2. Interest groups which are united primarily by a concern for furthering the interests of a common profession or occupation. These groups are referred to as professional groups in this paper. 3. Interest groups with few resources which rely primarily on volunteers and strongly held common interests to carry their message. These groups are referred to as voluntary groups. 4. Individuals who participate on their own behalf in commission hearings. 5. Corporations which send representatives to hearings to articulate that specific corporation's interest in an issue. 6. Specific labour unions or union locals not appearing as representatives of an umbrella organization such as a labour federation or a labour council. 7. Political parties of all sizes which articulate their position on an issue before a commission examining that issue. 8. Governments. These include representatives of federal and provincial ministries and of municipal governments. Periodically, an elected member of a government will represent the government's concerns before a commission. 9. Characteristics such as universities, research organizations and churches which often provide expert submissions to commissions. - 9 -C l a s s i f i c a t i o n of par t i c ipant s appear ing before commiss ions is c e n t r a l to the analys is o f data in this paper . T h e m a i n funct ion of the c l a s s i f i c a t i o n being used here is to ident i fy par t i c ipant s which can be descr ibed , in genera l t erms , as 'people and groups wi th few resources' . P a r t i c i p a n t s wh ich cannot be descr ibed as 'people and groups wi th few resources' have also been broken down into spec i f i c ca tegor ies instead of being lumped into a res idual ca tegory in order to provide a c o m p l e t e p i c ture of trends in p a r t i c i p a t i o n before c o m m i s s i o n s . T h e c e n t r a l point in the quest ion of who does and who does not have many resources is that , for purposes of the analys is in this paper , people or groups with few resources are unable to a r t i c u l a t e the ir interests excep t through le t ters to M P s and M L A s and through a t t e m p t s to a t t r a c t m e d i a a t t e n t i o n , such as protes t m a r c h e s . A r t i c u l a t i o n of interests e i ther m o r e e f f e c t i v e l y or more d i r e c t l y than by l e t t e r w r i t i n g campaigns or m a r c h e s is very d i f f i c u l t , if not imposs ib le , without substant ia l f inanc ia l and o r g a n i z a t i o n a l resources . T h e people and groups without these resources should perce ive the greates t benef i ts f r o m opportuni t ies to appear before commiss ions of inqu iry . T h e c l a s s i f i c a t i o n scheme used in this paper to c a t e g o r i z e p a r t i c i p a n t s appear ing before commiss ions a n d , in p a r t i c u l a r , to ident i fy 'people and groups with few resources' necessar i ly depends upon a set of assumptions about the resources needed to e f f e c t i v e l y a r t i c u l a t e an in teres t in the regular p o l i t i c a l process . T h e assumptions re l i ed on in this paper are largely drawn f r o m the work of W . A . Wooton and A . P . Pross . These assumptions f o r m a l ist of resources which f o r m the basis of decis ions about c la s s i f i ca t ion of groups appear ing before c o m m i s s i o n s . It is assumed that indiv iduals lack the o r g a n i z a t i o n a l resources necessary for e f f e c t i v e interes t a r t i c u l a t i o n , even though, in rare cases , indiv iduals may have the necessary f i n a n c i a l resources . - 10 -The resources which are most important for the purpose of effective interest articulation without the need for mechanisms such as commissions of inquiry include money and credit, some bureaucratic organization, control over jobs, control over votes, control over expertise and prestige in the eyes of decision-makers.6 It is important to recognize that mere access to these resources is not enough for effective interest articulation. The ability or desire to put them to effective use must also be present. The possession of resources should also be supplemented by interests and, therefore, objectives of any campaign of articulation which are specific and definable as opposed to general and poorly focussed.7 Furthermore, there must be a recognition of the importance of organization as a resource to the extent that long-term organizational well-being is paramount to short-term policy goals.8 The resources needed for effective interest articulation are most likely to be found among corporations and among what can be referred to as institutional interest groups. The institutional groups are usually organized by a number of wealthy, powerful members, such as corporations, to act as a voice for the common interests of the members. A good example of such a group is the Canadian Manufacturers Association (CMA). Corporate bodies are not the only good examples of institutional groups; the Canadian Labour Congress is another organization which fits into this category. Generally, the resources possessed by individuals, union locals and what can be referred to as voluntary organizations or citizens groups will be too few to maintain an effective articulation of their interests in the normal political process. A very few individuals and possibly a few union locals possess some of the resources necessary to articulate their interests directly to decision-makers, but these few examples are the rare exception to the rule. The voluntary organizations, by definition, have few resources. Good examples of these groups are local associations of Concerned Parents for National Unity or for Health Insurance or for any of a number of other issues. Other examples include the Group of Women from St.-Therese, Quebec or the Natural Parents Society or the Non-partisan Committee for Canadian Unity Through Diversity. All of these groups consist of people who have an informal, general interest in an issue and who formed a rudimentary organization based on that interest. Professional societies, such as those respresenting doctors or lawyers usually possess enough resources to effectively articulate their interests to decision-makers, but they usually lack the ability or desire to make the maximum use of those resources. Unlike the institutional groups, professional groups are very divided on their approach to different issues. While organizations such as the Canadian Manufacturers Association are united by a common self-interest, very few issues, if any, elicit a sense of common cause from professionals. However, because they have more resources to draw upon than voluntary groups, they must be identified by their own category, which can be called, simply, 'professional groups'. Consideration of group resources must take into account the basic question, for present purposes, of whether the group has reasonably good opportunities for interest articulation without the help of commissions. In particular, some groups which lack many of the resources discussed above, are still considered to be institutional groups, for purposes of this paper. For example, the Consumers' Association of Canada do not have the kind of economic, self-interested, basis which most institutional groups have, but they do have national organizations, a long-term policy position, a high public profile and at least some opportunities for articulation of their interests to decision-makers. In some cases, groups such as the Consumers' Association receive financial assistance from ministries of government which are sympathetic to the goals of that group.9 These groups will be viewed as institutional groups in this paper because they - 12 -are genera l ly able to a r t i c u l a t e the ir interests d i r e c t l y to d e c i s i o n - m a k e r s without the a id of m e c h a n i s m s such as commiss ions of inqu iry . A potent ia l prob lem for the i d e n t i f i c a t i o n of vo luntary groups is the appearance of people who c l a i m to represent a group which is in f a c t a group in name on ly . In these cases , one or two people c a l l themse lves a group and appear before commiss ions and other bodies as representat ives of that group. T h e r e is, in f a c t , no way of ident i fy ing such groups without t r a c i n g every group appear ing before a c o m m i s s i o n . A s a resul t , it must be hoped that instances of false groups are few. It would be surpris ing if many false groups were able to successful ly lie about the ir organizat ions during submissions to c o m m i s s i o n s . T h e f ina l point wh ich must be made about the c l a s s i f i c a t i o n scheme used in this paper is that the ca tegory which inc ludes par t i c ipant s represent ing f e d e r a l , p r o v i n c i a l and m u n i c i p a l governments does not inc lude nat ive band counc i l s or s m a l l v i l lage counc i l s . These band and v i l l age counc i l s appeared before the commiss ions being e x a m i n e d on only a few occas ions , but they were c a t e g o r z i e d as vo luntary organizat ions because , unl ike most government p a r t i c i p a n t s , these counc i l s do not normal ly have m u c h be t t er avenues of in teres t a r t i c u l a t i o n than vo luntary groups and they of ten represent very homogeneous ideas wi thin a smal l c o m m u n i t y . Most government p a r t i c i p a n t s , on the other hand, appear before commiss ions to ensure that a p a r t i c u l a r point of v i ew is represented or to provide the c o m m i s s i o n with otherwise unavai lable exper t i s e . G i v e n the es tab l i shment of the methods of analys is being used and the genera l data source being re l i ed upon, i t is now possible to turn to a discussion of e a c h hypothesis and the analys is of the da ta being e m p l o y e d to test e a c h hypothes is . T h e f irst hypothes is , as s tated above , is that the m o d e r n style of c o m m i s s i o n , with an emphasis on p a r t i c i p a t i o n , a t t r a c t s a larger proport ion of par t i c ipant s who have few - 13 -resources than the t r a d i t i o n a l s ty le of c o m m i s s i o n which was not c o n c e r n e d about prov id ing opportuni t ies for in teres t a r t i c u l a t i o n . T h i s hypothesis assumes a d i s t inct d i f f erence in the nature of t r a d i t i o n a l and m o d e r n commiss ions , and focuses on the t rend t o w a r d prov id ing grea ter opportuni t ies for interest a r t i c u l a t i o n ra ther than on spec i f i c tools used by c o m m i s s i o n e r s to provide these opportuni t i e s . A l l of the tools e m p l o y e d by commiss ions to enhance opportuni t i e s for a r t i c u l a t i o n of interests before modern commiss ions of inquiry have been made ava i lab le p r i m a r i l y because m o d e r n governments have r e c o g n i z e d that commiss ions are very good forums for interes t a r t i c u l a t i o n , e spec ia l ly by those people and groups who c o u l d not n o r m a l l y a f f o r d to p a r t i c i p a t e in the d e c i s i o n - m a k i n g process . T h e value which many governments have p laced on the interest a r t i c u l a t i o n opportuni t i e s presented by commiss ions arises f rom the recogn i t ion that p a r t i c i p a t i o n in the d e c i s i o n - m a k i n g process can help tremendous ly in f o r m i n g publ ic support around a po l icy whi le defusing i m p o r t a n t pockets of oppos i t ion . T h e very f a c t o f p a r t i c i p a t i o n may be enough to c r e a t e support and defuse opposi t ion as a result of people and groups having had an opportuni ty to be h e a r d . O t h e r w i s e , a c a r e f u l l y se l ec ted c o m m i s s i o n e r as we l l as par t i c ipant s wi th v a r i e d points of v i ew may help to c o n v i n c e people that their opposi t ion to a po l i cy is not as we l l founded as they had thought pr ior to appear ing before the c o m m i s s i o n . 10 O n the other hand, p o l i c y - m a k e r s m a y dec ide opposi t ion to p lanned po l i cy is o v e r w h e l m i n g or their own posi t ion was not we l l thought out . T h e va lue of expanding p a r t i c i p a t i o n in the d e c i s i o n - m a k i n g process beyond the conf ines of P a r l i a m e n t was recogn ized many years ago in B r i t a i n . T h e origins of the Br i t i sh R o y a l C o m m i s s i o n c a n be t r a c e d back to the c r e a t i o n of the Domesday Book in 1080 - 1 0 8 6 . H T h e use of commiss ions in B r i t a i n subsequently d imin i shed unt i l 1517 when the T u d o r C o m m i s s i o n focussed a t t en t ion on the issue of land enclosures despite - 1 4 -the oppos i t ion of the large landowners who c o n t r o l l e d the P a r l i a m e n t of that t i m e . T h i s led to a resurgence in the use of R o y a l C o m m i s s i o n s when the m o n a r c h wanted wider representat ion in p o l i t i c a l dialogue than P a r l i a m e n t p r o v i d e d . C l o k i e and Rob inson , in their study of R o y a l C o m m i s s i o n s , c o m m e n t that the m o n a r c h was not the only in i t ia tor of commiss ions . T h e y argue that the M a g n a C a r t a prov ided for a c o m m i s s i o n with powers of inquiry into sheri f fs , their servants and the forests they a d m i n i s t e r e d and that this c o m m i s s i o n was probably the f irs t Br i t i sh c o m m i s s i o n of inquiry which was not ' R o y a l . 12 T h e use of commiss ions in B r i t i a n ebbed and f lowed over t i m e , but was greates t during t imes of soc ia l change . G . M . T r e v e l y a n c o m m e n t e d in his h is tory of n ineteenth c e n t u r y B r i t a i n that commiss ions were "the c u s t o m a r y prelude to legis lat ion". 13 H e c i t e d the new Poor L a w s , the M u n i c i p a l R e f o r m A c t and the F a c t o r y A c t as p ieces of leg is lat ion that were t r a c e d out by c o m m i s s i o n s . R o y a l C o m m i s s i o n s were used to l e g i t i m i z e major po l icy changes such as those c i t e d by T r e v e l y a n because of a genera l a c c e p t a n c e of the ir author i ta t iveness . A t the same t i m e , governments were able to exerc i se a f o r m of c o n t r o l by judic ious use of the power of a p p o i n t m e n t . T h e publ ic more readi ly a c c e p t e d po l i c ies wh ich had been cons idered by commiss ions before adopt ion as government po l icy than those which were only cons idered by cab ine t or by p a r l i a m e n t a r y m e c h a n i s m s such as c o m m i t t e e s of the legis lature because commiss ions were widely p e r c e i v e d to be independent , thorough and re la t ive ly access ib le to the pub l i c . T h i s percept ion lent t remendous c r e d i b i l i t y to the f indings of most R o y a l C o m m i s s i o n s at that t i m e . ^ C o m m i s s i o n s of inquiry have not a lways been r e c o g n i z e d by C a n a d i a n governments for the ir va lue as m e c h a n i s m s of publ ic p a r t i c i p a t i o n in the d e c i s i o n -m a k i n g process . A s an ins t i tu t ion , commiss ions of inquiry have been c o n d u c t e d in C a n a d a since before c o n f e d e r a t i o n , but the t r a d i t i o n a l C a n a d i a n c o m m i s s i o n was - 15 -intended to conduct an inquis i t ion into a spec i f i c m a t t e r and a r r i v e at a f inding of f a c t . Never the le s s , commiss ions not only ex i s ted many years ago , but somet imes t r a v e l l e d and of ten held hearings , a l though the t r a v e l was very l i m i t e d and the hearings were by i n v i t a t i o n on ly . T h e s tatute f r o m which many m o d e r n f e d e r a l commiss ions get their a u t h o r i t y , e i ther d i r e c t l y or through re ference in another s tatute , is the Publ i c Inquiry A c t . T h i s A c t was passed in 1846, a l though commiss ions of inquiry were probably c o n d u c t e d in C a n a d a even before then . Desp i te the long t rad i t ion of use of c o m m i s s i o n s of inquiry in C a n a d a , there is no comprehens ive h i s t o r i c a l study of C a n a d i a n c o m m i s s i o n s . One study found that , up to 1977, there had probably been 1900 commiss ions under the Inquiry A c t s ince c o n f e d e r a t i o n .I 5 A n o t h e r study found 358 commiss ions of various kinds at the f e d e r a l l eve l be tween 1910 and 1919 a l o n e . ^ In his h i s t o r i c a l overv iew of R o y a l C o m m i s s i o n s , wr i t t en in 1962, J . C . C o u r t n e y found that the greates t c o n c e n t r a t i o n of R o y a l C o m m i s s i o n s in C a n a d i a n h is tory o c c u r r e d be tween the years of 1890 and 1919. C o u r t n e y argued that this c o n c e n t r a t i o n was probably the result of the tremendous populat ion expansion and land se t t l ement wh ich was o c c u r i n g in C a n a d a at that t i m e . 17 Most o f the commiss ions of that t i m e , however , deal t wth spec i f i c instances of m a l a d m i n i s t r a t i o n or c o r r u p t i o n or other m a t t e r s which were not of any s igni f icant publ ic interes t . C o m m i s s i o n e r s saw their role in t e r m s of thorough inves t igat ion but even where there was publ ic interest in an issue, no a t t e m p t was made to encourage p a r t i c i p a t i o n f rom people o ther than r e c o g n i z e d experts or d i r e c t l y invo lved indiv iduals . Peop le who were not m e m b e r s of the c o r p o r a t e , government or a c a d e m i c e l i tes were rare ly consu l ted by the ear ly twent ie th c e n t u r y c o m m i s s i o n e r s . D u r i n g the 1930s in C a n a d a , commiss ions of inquiry were g iven a new ro l e . C a n a d i a n governments began to recognize the va lue of commiss ions for expanding - 16 -p a r t i c i p a t i o n in the d e c i s i o n - m a k i n g process . C o m m i s s i o n s in the 1930s, while not as numerous as those in ear l i er t i m e per iods , deal t wi th m u c h broader issues such as f e d e r a l - p r o v i n c i a l re lat ions and e c o n o m i c disrupt ion assoc ia ted wi th the Depress ion . C o m m i s s i o n s began to recogn ize the va lue of p a r t i c i p a t i o n by people w i th d i f f erent interests in an issue. U n l i k e t rad i t i ona l commiss ions , which used a very f o r m a l and a d v e r s a r i a l f o r m of hear ing in which a c o u r t r o o m style of questions and answers was used to re search issues, modern commiss ions began to adopt a less i n t i m i d a t i n g style of hear ing . T h i s change a c c e l e r a t e d cons iderably a f t e r the 1930s. H o d g e t t s descr ibed the change as "the d i sp lacement of the bench and the bar". 18 T h e m o d e r n s ty le of c o m m i s s i o n has, s ince the 1930s, increas ing ly expanded the opportuni t i e s for p a r t i c i p a t i o n before commiss ions . T h e t r a d i t i o n a l c o m m i s s i o n v i e w e d its role as the pursuit of reasoned invest igat ion leading to a spec i f i c conc lus ion . T h e modern commiss ions , on the other hand, have adopted the ro le , as ex-c o m m i s s i o n e r Berger has sa id , of "opening up issues to publ ic discuss ion, of prov id ing a forum for the exchange of ideas". 19 T h e role of the m o d e r n c o m m i s s i o n has its origins at the t i m e of the R o w e l l - S i r o i s C o m m i s s i o n on D o m i n i o n - P r o v i n c i a l R e l a t i o n s , which reported in 1940, three years a f t er being appo in ted . T h e deve lopment of the idea of the m o d e r n c o m m i s s i o n a c c e l e r a t e d tremendous ly a f t e r Wor ld War 11-20 Qy t h e \axe 1940s, commiss ions were tak ing the idea of prov id ing opportuni t i e s for p a r t i c i p a t i o n very seriously . F o r e x a m p l e , the 1943 R o y a l C o m m i s s i o n on T r a n s p o r t a t i o n was not g iven the author i ty to t r a v e l to the var ious regions of C a n a d a as part of the publ ic hear ing process . Desp i te this lack of a u t h o r i t y , the c o m m i s s i o n t r a v e l l e d to hearings throughout the country .21 D u r i n g the 1960s, the encouragement of publ ic p a r t i c i p a t i o n b e c a m e less i m p o r t a n t to the governments of the p e r i o d . C o m m e n t a t o r s , such as J . C . Hodge t t s , argued that publ ic p a r t i c i p a t i o n before commiss ions should be d e - e m p h a s i z e d and - 17 -a c a d e m i c research should be e m p h a s i z e d because the issues were "so c o m p l e x that the v iews of the genera l publ ic cannot be e x p e c t e d to contr ibute m u c h to the f o r m u l a t i o n of publ ic pol icy".22 Hodge t t s c o m p l a i n e d that "instead of the r igorous quest ion and answer we f ind a n i m a t e d , i f not heated debates going on between the commiss ioners and the witnesses".23 G o v e r n m e n t s of the 1960s agreed with the v iews of Hodget t s and others to the ex tent that most of the commiss ions of the 1960s were p r i m a r i l y research o r g a n i z a t i o n s . ^ By the end of the 1960s, many c o m m e n t a t o r s were c o m p l a i n i n g that commiss ions were b e c o m i n g i n t e r n a l , a lmost d e p a r t m e n t a l , r e search organ iza t ions w h i c h , as a resul t , were losing some of their publ ic s ta ture . G . B r u c e D o e r n a r g u e d , in 1967, that: "When recent commiss ions in areas of r e c u r r i n g soc ia l and e c o n o m i c prob lems show a pronounced re l i ance on c losed staffs rather than open publ ic hearings , i t may be thought that the d e m o c r a t i z a t i o n of the po l icy process , e spec ia l ly in this t e c h n o l o g i c a l age of c u m u l a t i v e change , might be be t ter served by an open hear ing , a publ ishing right be ing g iven to dissent ing v iews, or the deve lopment of a l t erna t ive sources of po l i cy in te l l igency by 'outside p a r t i c i p a n t s ' " . ^ F o r t u n a t e l y , at least for purposes of this paper , the t rend toward using commiss ions as m e c h a n i s m s for enhanc ing the opportuni ty for a r t i c u l a t i o n of interests was rev ived in the 1970s. C o m m i s s i o n s such as the R o y a l C o m m i s s i o n on the Status of W o m e n and the T a s k F o r c e on N a t i o n a l U n i t y in the late 1960s s ignal led the r e v i v a l of this t r e n d . C o m m i s s i o n s such as the M a c k e n z i e Va l l ey P ipe l ine C o m m i s s i o n and the R o y a l C o m m i s s i o n on E l e c t r i c a l P o w e r P lanning in O n t a r i o as we l l as many other commiss ions , inc luding the m o d e r n commiss ions wh ich are being e x a m i n e d in this paper , cont inued and deve loped the t rend throughout the 1970s. It is i m p o r t a n t to contras t the style of m o d e r n commiss ions in which the a r t i c u l a t i o n of an interes t be fore a publ ic forum with m e d i a a t t en t ion serves as a goal in i t se l f , wi th the t r a d i t i o n a l c o m m i s s i o n to wh ich submissions were m a d e wi th the purpose of a f f e c t i n g the c a r e f u l l y reasoned inves t igat ion of the issue being c o n s i d e r e d . - 18 -M o d e r n commiss ions pos i t ive ly induce p a r t i c i p a t i o n by the genera l publ ic but t r a d i t i o n a l commiss ions saw the ir inves t igatory mandate in m o r e caut ious t e r m s . T h e dominant popular a t t i tude toward p a r t i c i p a t i o n at the t i m e of the t r a d i t i o n a l commiss ions was e x e m p l i f i e d by the commiss ioners who c o n d u c t e d the R o y a l C o m m i s s i o n on C o a l and P e t r o l e u m P r o d u c t s , which repor ted in 1935. T h i s c o m m i s s i o n went to a tremendous amount of t rouble , espec ia l ly by t rave l l ing to mine sites for hearings , to m a k e i tse l f ava i lab le for ora l submissions, unl ike other t r a d i t i o n a l commiss ions .26 xhe a v o w e d purpose of the t r a v e l invo lved in this e f f o r t , however , was to seek the c o r p o r a t e v i ewpo in t . A smal l number of indiv iduals did appear , but no vo luntary groups a p p e a r e d . C o m m i s s i o n e r M a c d o n a l d of the C o a l c o m m i s s i o n descr ibed the commiss ion's mandate in t erms of gather ing i n f o r m a t i o n f rom industry about c o a l a n d p e t r o l e u m and the ir e f f e c t on the respect ive industr ies "and the consequent ia l e f f e c t thereof upon the residents of the Province ."27 in other words, M a c d o n a l d , a prominent p o l i t i c a l f igure in the p r o v i n c i a l government , assumed that the c o m m i s s i o n only needed to get some exper t i n f o r m a t i o n f r o m the c o r p o r a t e sector before a conc lus ion c o u l d be rea c h e d about the issue at hand. P a r t i c i p a t i o n was not i m p o r t a n t for its own sake and the best d e t e r m i n a t i o n of the publ ic interest would be made by the g o v e r n m e n t . Macdonald's a t t i t u d e should be c o n t r a s t e d with the v iew taken by c o m m i s s i o n e r Pepin of the T a s k F o r c e on N a t i o n a l U n i t y wh ich repor ted in 1979. P e p i n , dur ing an in terv iew published in Maclean's m a g a z i n e , c i t e d three parts to the commiss ions m a n d a t e . T h e f irst part was to "support the e f for t s of the publ ic at large to resolve the prob lems of nat iona l unity and wi th in that publ ic p a r t i c u l a r l y unity groups and associat ions in general."28 H e c i t e d the other two parts of the mandate as the product ion of ideas by the c o m m i s s i o n i t se l f and the provis ion of a d v i c e to the g o v e r n -m e n t . T h e most i m p o r t a n t point here is that , unl ike the M a c d o n a l d c o m m i s s i o n , the - 19 -N a t i o n a l U n i t y task f o r c e saw the e n c o u r a g e m e n t of p a r t i c i p a t i o n i t se l f as part o f its m a n d a t e . A s Pep in put i t in a less f o r m a l c o m m e n t , "One of our f irs t preoccupat ions . . . w i l l be to establ ish a dialogue wi th the public."29 Many techniques for enhanc ing opportuni t ies for p a r t i c i p a t i o n before commiss ions were deve loped by the commiss ions of the 1970s. These techniques inc luded funding of par t i c ipant s with few resources to a l low such p a r t i c i p a n t s to pay for profes s iona l ly -deve loped br ie f s to m a t c h the e f f ec t iveness of br iefs prepared by ins t i tu t iona l groups and others capable of paying for and organ iz ing profess ional ly -prepared br ie f s out of the ir own resources . C o m m i s s i o n s of the 1970s put a lot of thought into how to d is tr ibute funds to witnesses without adequate resources of their own . These commiss ions also d i s tr ibuted a lot of money for this purpose . A m o n g the o ther techniques used by commiss ions of the 1970s was t r a v e l by commiss ioners which a l l owed hearings to be he ld in reg ional centres w h i c h , in turn , t remendous ly enhanced acces s ib i l i t y of commiss ions for those par t i c ipant s who c o u l d not a f f o r d to t r a v e l to O t t a w a or V i c t o r i a for hearings . O t h e r techniques inc lude longer s i t t ings for hearings , commiss ioners represent ing most of the key interests in an issue and extens ive adver t i s ing of locat ions and dates of hearings , as we l l as techniques used during the hearings themse lves , such as o r g a n i z e d m e d i a re lat ions to m a x i m i z e news coverage and e f f i c i e n t schedul ing to enable par t i c ipant s to plan their appearances . Some commiss ions devoted cons iderable t i m e to the analys is and deve lopment of the techniques they used to enhance the opportuni t ies for p a r t i c i p a t i o n before the c o m m i s s i o n . F o r e x a m p l e , the P o r t e r C o m m i s s i o n on E l e c t r i c a l P o w e r P lanning in O n t a r i o devoted cons iderable space in i ts f ina l report to an analys is of publ ic p a r t i c i p a t i o n hearings he ld by the c o m m i s s i o n , and of the reasons for that p a r t i c i p a t i o n . - 20 -A l t h o u g h the e f f e c t on p a r t i c i p a t i o n of holding hearings in reg ional centres and of holding extended s i t t ings in each loca t ion wi l l be tested by the th ird and fourth hypotheses , r e s p e c t i v e l y , of this paper , the other techniques used by m o d e r n commiss ions for enhancing publ ic p a r t i c i p a t i o n in c o m m i s s i o n hearings w i l l only be br ie f ly discussed a f t e r e a c h of the four hypotheses has been c o n s i d e r e d . T h e f irs t hypothesis serves as a test for the e f f e c t of the genera l trend toward the use of these techniques on p a r t i c i p a t i o n before c o m m i s s i o n s . T h e data used to test the f irs t hypothesis was deve loped by break ing the l ist of commiss ions being e x a m i n e d in this paper into two types , ' t rad i t iona l commiss ions ' and 'modern commiss ions ' , and then c o m p u t i n g both the to ta l number of par t i c ipant s appear ing before a l l the commiss ions of e a c h type , and the percentage of that t o t a l which f it into e a c h of the nine ca tegor ie s of par t i c ipants discussed above . T h e ' tradi t ional ' commiss ions are the R o w e l l - S i r o i s c o m m i s s i o n , the P r i c e Spreads C o m m i s s i o n , the H e a l t h Insurance C o m m i s s i o n , the State H e a l t h Insurance C o m m i s s i o n and the C o a l and F o r e s t Resources C o m m i s s i o n . A l l of the t r a d i t i o n a l commiss ions repor ted before the 1950s. T h e 'modern' commiss ions are the P e p i n -R o b a r t s T a s k F o r c e , the C o r p o r a t e C o n c e n t r a t i o n C o m m i s s i o n , the Status of W o m e n C o m m i s s i o n , the K e n t C o m m i s s i o n , the P e a r c e C o m m i s s i o n on F o r e s t r y , the Bates C o m m i s s i o n on U r a n i u m M i n i n g and the F a m i l y L a w C o m m i s s i o n . A l l of the m o d e r n commiss ions repor ted in the late 1960s or l a t e r . T a b l e 1 presents the results of the analys is of the f irs t hypothes is . T o obta in these results , the par t i c ipant s appear ing before each c o m m i s s i o n were c a t e g o r i z e d a c c o r d i n g to the nine ca tegor i e s discussed above . T h e t o t a l number of par t i c ipant s in each ca tegory was c o n v e r t e d into percentages of the to ta l number of par t i c ipant s appear ing before e a c h c o m m i s s i o n . A n average of these percentages was c a l c u l a t e d for the t r a d i t i o n a l commiss ions and for the m o d e r n commiss ions . F o r e x a m p l e , the - 21 -percentages of ins t i tu t iona l groups appear ing before every t r a d i t i o n a l c o m m i s s i o n being s tudied were a v e r a g e d to get a single percentage for ins t i tu t iona l group p a r t i c i p a t i o n in t r a d i t i o n a l c o m m i s s i o n s . T h e same process was then repeated for the m o d e r n c o m m i s s i o n s . T h e f igures shown in parentheses in T a b l e 1 represent p a r t i c i p a t i o n be fore a l l of the modern c o m m i s s i o n s l i s ted above , whi le the f igures outside the parentheses , but in the c o l u m n for m o d e r n commiss ions represent p a r t i c i p a t i o n before the m o d e r n commiss ions o ther than the F a m i l y L a w C o m m i s s i o n . T h e reason for separat ing f igures inc luding data f r o m the F a m i l y L a w C o m m i s s i o n f r o m f igures not inc lud ing it is that this c o m m i s s i o n a t t r a c t e d such a large number of ind iv idua l par t i c ipant s that percentage results f r o m the c a t e g o r y of m o d e r n commiss ions are d i s tor ted for a l l o ther ca tegor ie s of p a r t i c i p a n t s . T h e F a m i l y L a w C o m m i s s i o n a t t r a c t e d m o r e t o t a l par t i c ipant s than a l l the o ther m o d e r n commiss ions being cons idered c o m b i n e d , but 2170 or 93% of the par t i c ipant s were ind iv iduals . These f igures are large enough to overwhe lm any c o n t r a r y results f r o m the o ther commiss ions . It is , however , i m p o r t a n t to not ice that the trends in p a r t i c i p a t i o n which support the f irst hypothesis are consis tent whether or not data f rom the F a m i l y L a w C o m m i s s i o n is inc luded in the c a l c u l a t i o n s . - 22 -T a b l e 1 P a r t i c i p a t i o n Be fore C o m m i s s i o n s of the T r a d i t i o n a l and the M o d e r n Style P a r t i c i p a t i o n expressed as an average of the percentages of t o t a l p a r t i c i p a t i o n before C a t e g o r i e s of e a c h c o m m i s s i o n P a r t i c i p a n t s S ty le o f T r a d i t i o n a l M o d e r n ! C o m m i s s i o n 13. 5 7 (3) Inst i tut ional G r o u p s 13 16 (9) Profess iona l G r o u p s 2 . 5 7 ( 3 . 5 ) Vo luntary G r o u p s 23 38 . 5 ( 6 8 . 5 ) Individuals 26 17 ( 7 . 5 ) C o r p o r a t i o n s 15 5. 5 (4) G o v e r n m e n t R e p r e s e n t a t i v e s 5 2 (1) Unions 0. 5 2 (1) P o l i t i c a l Par t i e s 1. 5 4. 5 ( 2 .5 ) Institutions (Research organ iza t ions , c h u r c h e s , etc . ) 1402 1960 (4279) T o t a l number of P a r t i c i p a n t s A p p e a r i n g B e f o r e C o m m i s s i o n s N B : C o m m i s s i o n s c a t e g o r i z e d as T r a d i t i o n a l are : R o w e l l - S i r o i s , P r i c e Spreads , H e a l t h Insurance, State H e a l t h Insurance, C o a l and F o r e s t R e s o u r c e s (1945). C o m m i s s i o n s c a t e g o r i z e d as M o d e r n are : P e p i n - R o b a r t s , C o r p o r a t e C o n c e n t r a t i o n , Status of W o m e n , K e n t , Pearse on F o r e s t r y , Bates on U r a n i u m M i n i n g . 1. T h e f igures in parentheses represent the p a r t i c i p a t i o n before the M o d e r n c o m m i s s i o n s l i s ted above wi th the addi t ion of the F a m i l y L a w C o m m i s s i o n . - 23 -A n analys is of the data resul t ing f rom inc lus ion of the F a m i l y L a w C o m m i s s i o n in the ca tegory of m o d e r n commiss ions leads to the conc lus ion that the propor t ion of ind iv idua l par t i c ipant s appear ing before m o d e r n commiss ions has expanded d r a m a t i c a l l y when c o m p a r e d wi th results for t rad i t i ona l c o m m i s s i o n s . P a r t i c i p a t i o n by vo luntary groups has increased a l i t t l e but p a r t i c i p a t i o n by a l l o ther ca tegor i e s of par t i c ipant s has d imin i shed s igni f icant ly i f the data inc lus ive of the F a m i l y L a w C o m m i s s i o n is a n a l y z e d . A n analys is of the data exc lus ive of the F a m i l y L a w C o m m i s s i o n data leads to the same genera l trends but dampens the conc lus ion about p a r t i c i p a t i o n by indiv iduals , enhances the conc lus ion about increased vo luntary group p a r t i c i p a t i o n , shows some increase in profess ional group p a r t i c i p a t i o n rather than a decrease and mainta ins the t rend but not the degree of v a r i a t i o n in p a r t i c i p a t i o n by e a c h of the other ca tegor i e s of p a r t i c i p a n t s . T h e major d i f f e r e n c e between the F a m i l y L a w C o m m i s s i o n and a l l of the o ther commiss ions be ing e x a m i n e d is that the F a m i l y L a w C o m m i s s i o n was far more success ful at a t t r a c t i n g ind iv idua l par t i c ipant s than the o ther commiss ions were . T h e reason for this unusual success is, e ssent ia l ly , that the F a m i l y L a w C o m m i s s i o n under c o m m i s s i o n e r T o m Berger put a great dea l of e f f o r t into prov id ing the best possible opportuni t i e s for p a r t i c i p a t i o n before the c o m m i s s i o n . One of the techniques used by the c o m m i s s i o n to increase opportuni t ies for p a r t i c i p a t i o n was to break the f ive c o m m i s s i o n e r s into two t r a v e l l i n g groups in order to c o v e r m o r e locat ions than would be possible if a l l f ive commiss ioners had to appear at each h e a r i n g . T h e c o m m i s s i o n also held separate hearings for both lay c i t i z e n s and profess ionals , inc luding agency representat ives and organ ized c o m m u n i t y groups wi th the profess ionals , in the hope that lay c i t i z e n s would not f ee l i n t i m i d a t e d by the l eve l of debate . - 24 -T h e c o m m i s s i o n also made extens ive e f for t s to let people know in advance about c o m m i s s i o n hearings . Var ious forms of m e d i a were used for this purpose, inc lud ing newspaper and radio a d v e r t i s e m e n t s and interv iews with commiss ioners in a l l forms of m e d i a , but the c o m m i s s i o n fe l t , neverthe less , that too many c o n c e r n e d c i t i z e n s did not know about the hearings and that even m o r e money should be spent on adver t i s ing than they had spent. T h e c o m m i s s i o n also re l ied on l o c a l c o n t a c t persons to encourage as many profess ional and vo luntary groups as possible to v o i c e their opinions at the hearings . O t h e r than a very high d e m a n d for opportuni t ies for interes t a r t i c u l a t i o n , and a corresponding e f f o r t by the c o m m i s s i o n to provide those opportuni t i e s and make people aware of t h e m , the high l eve l of p a r t i c i p a t i o n by indiv iduals be fore the c o m m i s s i o n cou ld be par t ia l l y exp la ined by a percept ion by the c o m m i s s i o n that the workshops they c o n d u c t e d in c e r t a i n c o m m u n i t i e s a t t r a c t e d some people who were f rus tra ted with the serv ice they were ge t t ing f rom government agenc ies and saw the c o m m i s s i o n as a f o r m of ombudsman.30 if people were also drawn to publ ic hearings for this purpose , some of the p a r t i c i p a t i o n by indiv iduals might be exp la ined by the need for an ombudsman's o f f i c e wh ich did not exist in B . C . at the t i m e of the c o m m i s s i o n . Never the le s s , most of the p a r t i c i p a t i o n by indiv iduals in the commiss ion's hearings c a n only be exp la ined by the high d e m a n d for interes t a r t i c u l a t i o n opportuni t i e s . Notwi ths tand ing the unusual s tat i s t ics represent ing p a r t i c i p a t i o n before the F a m i l y L a w C o m m i s s i o n , the analys is of the results presented in T a b l e 1 supports the reasoning of the f irs t hypothes is . G e n e r a l l y , the c o m p a r i s o n of the p a r t i c i p a t i o n in the hearings of commiss ions of the t r a d i t i o n a l style and in those of the m o d e r n style indicates that people or groups wi th few resources are p a r t i c i p a t i n g more in the modern style of c o m m i s s i o n . T h e most i m p o r t a n t results for purposes of the f irst - 25 -hypothesis are those for voluntary groups and individuals. The participants which belong in these categories, except for a few individuals, have the most need of the opportunities presented by commissions in general and modern commissions in particular. In both of these categories, participation has increased significantly from the traditional to the modern commission. On the other hand, the trend for the participants which have many resources and which have fairly good avenues of interest articulation without the need for forums such as commissions of inquiry, is toward a decreasing proportion of total participation. In particular, institutional groups and specific corporations are a significantly smaller proportion of the participants appearing before modern commissions than they were of the participants appearing before traditional commissions. Representatives of various governments also decreased significantly their presence in the hearings of modern commissions. It is worth noting that the figures in Table 1 which represent participation before modern commissions but which do not include data from the Family Law Commission slightly understate the trend toward participation by individuals because the level of participation by individuals in hearings held by commissions which dealt with types of issues similar to those dealt with by the Family Law Commission, specifically the State Health Insurance and Maternity Benefits Commission, and the Health Insurance Commission which are included in the category of traditional commissions, also had very high levels of participation by individuals. Therefore, it is likely that the Family Law Commission would have had higher than average participation by individuals even if it had only maintained the proportion of individuals who appeared before the traditional commissions of the similar issue area. The State Health Insurance Commission received 47% of its oral submissions from individuals, more than double the average for the traditional commissions considered here. - 26 -One c a t e g o r y of p a r t i c i p a n t s that might be e x p e c t e d to need the opportuni t ies for a r t i c u l a t i o n which modern c o m m i s s i o n hearings present , but which had a smal ler presence before m o d e r n commiss ions than before t r a d i t i o n a l commiss ions , was unions. In the t rad i t i ona l c o m m i s s i o n hearings , unions represented 5% of a l l par t i c ipant s while in the m o d e r n c o m m m i s s i o n hearings they represented only 2% of a l l p a r t i c i p a n t s . One possible exp lanat ion for this result is that unions are m o r e wi l l ing than they previously were to re ly on c e n t r a l i z e d p o l i t i c a l pressure groups to a r t i c u l a t e the ir in teres t s . T h i s exp lanat ion may also apply to corpora t ions . If corpora t ions and unions have begun to rely on c e n t r a l i z e d organ iza t ions , they w i l l no longer need c o m m i s s i o n s to a r t i c u l a t e the ir interes ts . O n the other hand , at least some unions and corporat ions w i l l s t i l l want to p a r t i c i p a t e in commiss ions because , for e x a m p l e , they have few resources and are unable to a r t i c u l a t e the ir interests e f f e c t i v e l y even within the ins t i tu t iona l organizat ions which are supposed to represent the ir interests as we l l as those of the larger unions and c o r p o r a t i o n s . S o m e t i m e s , unions and corporat ions with enough resources may want to a r t i c u l a t e the ir interests before a c o m m i s s i o n just to be c e r t a i n that their v i ewpoint is d i f f erent f r o m the interest of the u m b r e l l a organ iza t ion or because they want to ensure that the c o m m i s s i o n e r s understand the ir interest but they f ee l that the only way to be sure is i f they appear themse lves . P a r t i c i p a t i o n before commiss ions by vo luntary groups and indiv iduals suggests both an increased use of u m b r e l l a groups and an increase in p a r t i c i p a t i o n by indiv iduals at the same t i m e . A n y tendency a m o n g people with few resources to organize into groups for purposes of interes t a r t i c u l a t i o n has been e x c e e d e d by the increased t o t a l p a r t i c i p a t i o n by indiv iduals in c o m m i s s i o n hearings . T h e m o d e r n style of c o m m i s s i o n has encouraged the o r g a n i z a t i o n of vo luntary groups by prov id ing funding and other - 27 -incent ives to organizat ions but it has also a t t r a c t e d s igni f icant ly m o r e ind iv idua l par t i c ipant s than the t r a d i t i o n a l commiss ions d i d . T h e trend to grea ter p a r t i c i p a t i o n by indiv iduals is masked a l i t t l e in its magni tude by the use of a p a r t i c u l a r inves t igatory too l used extens ive ly by some t r a d i t i o n a l c o m m i s s i o n s . T h e P r i c e Spreads C o m m i s s i o n v i ewed its mandate as inc luding the inves t igat ion of c e r t a i n spec i f i c cases of possible p r i c e f i x ing . One such case invo lved the T . E a t o n C o r p o r a t i o n . T h e c o m m i s s i o n c a l l e d large numbers of e x - e m p l o y e e s and employees of Eatons in order to get f irs t hand exper i ence of p r i c i n g pol ic ies in E a t o n s as we l l as in other c o m p a n i e s . T h e r e is no i n d i c a t i o n in the ava i lab le t ranscr ip t s that a l l or even many of these witnesses had a s trong interest in the issue, but they wanted to help the c o m m i s s i o n and through i t , the publ ic in teres t . M o d e r n commiss ions also c a l l spec ia l Witnesses, but never in such great numbers as those c a l l e d by the P r i c e Spreads C o m m i s s i o n . T h e r e is, there fore , a poss ibi l i ty of some o v e r s t a t e m e n t of the number of ind iv idua l par t i c ipant s appear ing before the t r a d i t i o n a l c o m m i s s i o n s . T h e largest dec l ine in p a r t i c i p a t i o n f rom the t r a d i t i o n a l to the m o d e r n commiss ions o c c u r r e d in the c a t e g o r y of government representat ives . G o v e r n m e n t representat ives f o r m e d 15 percent of p a r t i c i p a t i o n before t r a d i t i o n a l commiss ions , but only 5.5 percent before m o d e r n commiss ions exc lud ing the F a m i l y L a w C o m m i s s i o n . T h e reason for the dec l ine in g o v e r n m e n t p a r t i c i p a t i o n probably lies in the tendency of governments to v i ew m o d e r n c o m m i s s i o n s as forums for p e r m i t t i n g the a r t i c u l a t i o n of var ious interests ra ther than for a c c u m u l a t i n g expert e v i d e n c e . S ign i f i cant government p a r t i c i p a t i o n before m o d e r n commiss ions is ev ident only when a government body f r o m a min i s t ry or a board has a p a r t i c u l a r interest in an issue, such as a c o n c e r n over c o m p e t i n g c l a i m s to a g iven jur i sd ic t ion by d i f f e r e n t government agencies and min i s tr i e s , as was ev ident in the hearings of F a m i l y L a w C o m m i s s i o n . 3 1 . - 28 -T h e g o v e r n m e n t witnesses who appeared before m o d e r n commiss ions were o f ten M P s and M L A s f r o m c o m m u n i t i e s which were p a r t i c u l a r l y c o n c e r n e d about the issue being c o n s i d e r e d . These e l e c t e d representat ives probably fe l t a need to make their presence a n d , t h e r e f o r e , the ir c o n c e r n about the issue, known to people in the c o m m u n i t i e s they represented . O n e e x a m p l e of a m o d e r n c o m m i s s i o n which r e c e i v e d above average government p a r t i c i p a t i o n (7 percent) most ly in the f o r m of e l e c t e d representat ives of c o n c e r n e d c o m m u n i t i e s was the K e n t c o m m i s s i o n on newspapers . O t h e r than the l o c a l representat ives , government p a r t i c i p a t i o n before the K e n t c o m m i s s i o n cons i s ted of representat ives of p r o v i n c i a l press counc i l s . T h e increase in p a r t i c i p a t i o n by p o l i t i c a l part ies in c o m m i s s i o n hearings is not very substant ia l but supports the a r g u m e n t that hearings have b e c o m e a m o r e p o l i t i c a l forum as a result o f the increased emphasis on p a r t i c i p a t i o n . A few of the part ies which a p p e a r e d before the m o d e r n commiss ions were very s m a l l part ies with a focus on a spec i f i c issue. These s m a l l part ies p a r t i c i p a t e d for the same reasons and in the same manner as the vo luntary groups. Mos t of the part ies which appeared before commiss ions were , however , major p o l i t i c a l part i e s . T h e major part ies appeared because of the publ ic a t t e n t i o n which commiss ions a n d , in p a r t i c u l a r , c o m m i s s i o n hearings a t t r a c t . T h e m e d i a a t t en t ion g iven to the hearings is substant ia l , as shown by s tat i s t ics kept by the F a m i l y L a w C o m m i s s i o n . 3 2 T h e data presented in this paper with re f erence to the f irst hypothesis supports the v iew he ld by m o d e r n c o m m i s s i o n e r s , such as P e p i n , that commiss ions of inquiry are very va luable for the opportuni t i e s which they can provide for the a r t i c u l a t i o n of interests wh ich might otherwise never be publ ic ly heard in the course of dialogue l i m i t e d to po l i t i c ians and r e c o g n i z e d exper t s . People w i th an interest in an issue but without the resources to e f f e c t i v e l y a r t i c u l a t e that interes t have responded favourably to the e n c o u r a g e m e n t f r o m the modern style of commiss ions to p a r t i c i p a t e in publ ic - 29 -hearings a n d , presumably , in the dia logue outside the c o m m i s s i o n which is c r e a t e d in part by the a t t e n t i o n g iven to the c o m m i s s i o n and the issue being cons idered . T h e m o d e r n commiss ions have prov ided an a l t erna t ive f o r m of interest a r t i c u l a t i o n to supplement l e t t e r - w r i t i n g and m a r c h i n g with signs. T h e second hypothesis of this paper is that p a r t i c i p a t i o n by people and groups with few resources is a s igni f icant propor t ion of t o t a l p a r t i c i p a t i o n only for commiss ions which dea l with issues of genera l appea l wh ich are not p e r c e i v e d as highly t e c h n i c a l in na ture . T h i s hypothesis was tested by grouping commiss ions into four ' issue-area' ca tegor ie s and deve loping data which broke the par t i c ipant s appear ing before e a c h c o m m i s s i o n into the nine ca tegor ie s of par t i c ipant s wh ich were descr ibed above . T w o issue-areas were chosen f r o m the f e d e r a l jur i sd i c t i on , F e d e r a l i s m and P r i c e s and C o r p o r a t e Behav iour , and two issue areas were chosen f r o m the B . C . jur i sd i c t i on , N o n - E c o n o m i c F a m i l y W e l f a r e and Resources . F o r the same reasons c i t e d above in c o n n e c t i o n with the presentat ion of data c o n c e r n i n g the f irs t hypothes is , the data f r o m the F a m i l y L a w C o m m i s s i o n was t rea ted d i f f e r e n t l y . In T a b l e 2, which presents the data on the second hypothes is , the data f r o m N o n - E c o n o m i c F a m i l y Wel fare commiss ions is presented with the F a m i l y L a w C o m m i s s i o n da ta inc luded in those f igures outside the parentheses and exc luded f r o m those f igures inside the parentheses . T h e Status of Women C o m m i s s i o n was not inc luded in the da ta because it d id not f i t any of the issue-areas being cons idered . T h e f irs t i ssue-area chosen f r o m the f e d e r a l l eve l was pr ice c o n t r o l and monopo l i s t i c behav iour . T h r e e commiss ions were ident i f i ed which f a l l into this c a t e g o r y . T h e R o y a l C o m m i s s i o n on P r i c e Spreads repor ted in 1937, jtrst as the t r a d i t i o n a l s ty le of c o m m i s s i o n was beginning to change , the R o y a l C o m m i s s i o n on C o r p o r a t e C o n c e n t r a t i o n repor ted in 1978, and the R o y a l C o m m i s s i o n on Newspapers , popular ly known as the K e n t C o m m i s s i o n repor ted in 1980. - 30 -C o r p o r a t e c o n c e n t r a t i o n , newspapers and p r i c e spreads are examples of issues which m a y not appear to be c o m p a r a b l e but which are in f a c t c o m p a r a b l e when the issues a c t u a l l y deal t wi th by the commiss ions are cons idered . T h e P r i c e Spreads c o m m i s s i o n found that most of their witnesses were p r i m a r i l y c o n c e r n e d with the c o n c e n t r a t i o n of e c o n o m i c power and how i t a f f e c t e d pr i ce s . T h e C o m m i s s i o n e r s wrote in the f ina l report of the c o m m i s s i o n that "it b e c a m e c l e a r that many of the gr ievances c o m p l a i n e d of , and the problems d isc losed , were mani fes ta t ions of a f u n d a m e n t a l and f a r - r e a c h i n g soc ia l change , the c o n c e n t r a t i o n of e c o n o m i c power."33 T h e K e n t C o m m i s s i o n also focussed to a large ex tent on the issue of c o r p o r a t e c o n c e n t r a t i o n wi th re f erence to the spec i f i c problems of the newspaper industry . T h e C o r p o r a t e C o n c e n t r a t i o n C o m m i s s i o n t r i ed to cons ider the r a m i f i c a t i o n s of corpora te c o n c e n t r a t i o n in numerous industr ies . C o n c e r n s about the c o n c e n t r a t i o n of e c o n o m i c power were c e n t r a l to a l l three commiss ions . T h e second f e d e r a l i s sue-area being cons idered is C a n a d i a n f e d e r a t i o n . Thi s issue is one wh ich is of broad a p p e a l because it is such a popular C a n a d i a n top ic and because it is not necessary for somebody to be an expert before they c a n hold a s trong opinion and discuss the issue. In the issue of pr ices and monopo l i s t i c behav iour , on the other hand, most people are l ike ly to fee l confused about many of the t e c h n i c a l arguments wh ich are part of any discussion of the issue; there fore people are less l ikely to hold s trong opinions on what has to be done about the issue. T h e f irst c o m m i s s i o n which deal t spec i f i ca l ly wi th f ederat ion was the R o y a l C o m m i s s i o n on D o m i n i o n - P r o v i n c i a l R e l a t i o n s , popular ly known as R o w e l l - S i r o i s c o m m i s s i o n a f t er the success ive c h a i r m e n of the c o m m i s s i o n . T h e R o w e l l - S i r o i s c o m m i s s i o n r e p o r t e d in 1940. T h e second c o m m i s s i o n being cons idered which deal t with the f edera t ion issue is the T a s k F o r c e on N a t i o n a l U n i t y , which repor ted in 1979. T h i s c o m m i s s i o n is popular ly known as the P e p i n - R o b a r t s c o m m i s s i o n , a f t er its c o - c h a i r m e n . These - 31 -commiss ions are very c o m p a r a b l e on the grounds of their subject m a t t e r . T h e c o m p a r i s o n between them is very imporant because R o w e l l - S i r o i s was the beginning of the m o d e r n trend while P e p i n - R o b a r t s in many ways represents the m a t u r i n g of the m o d e r n c o m m i s s i o n . T h e f irs t issue a r e a drawn from the B . C . jur i sd ic t ion was n o n - e c o n o m i c f a m i l y w e l f a r e . T h r e e commiss ions were chosen f r o m this issue a r e a . T h e f irst was the R o y a l C o m m i s s i o n on H e a l t h Insurance which repor ted in 1919, the second was the R o y a l C o m m i s s i o n on State H e a l t h Insurance which repor ted in 1932 and the th i rd was the R o y a l C o m m i s s i o n on F a m i l y and Chi ldren's L a w which repor ted in 1975. T h e f irs t two commiss ions cons idered the issue of whether there should be a f o r m of state heal th insurance , whi le the th i rd c o v e r e d the issue of the law which governs cases of f a m i l y prob lems , with an emphas is on cases in which the we l fare of ch i ldren is i n v o l v e d . T h e seemingly d i s t inc t issues of state heal th insurance and f a m i l y law were c o m b i n e d under one ca tegory on the grounds that both issues dea l wi th n o n - e c o n o m i c aspects of prob lems which f a c e fami l i e s in B . C . A number of par t i c ipant s who appeared before one of these c o m m i s s i o n s appeared before another in the same issue a r e a . In f a c t , there was a fa ir amount of over lap a m o n g the p a r t i c i p a n t s who appeared before these commiss ions , which is p a r t i c u l a r l y s tr ik ing g iven the vast t i m e d i f f erence between the c o m m i s s i o n s . G r o u p s such as var ious residents' organizat ions and the V i c t o r i a n O r d e r of Nurses , for e x a m p l e , appeared before a l l three c o m m i s s i o n s . T h e second B . C . issue a r e a consis ts of commiss ions deal ing wi th resource issues. T h e r e are four c o m m i s s i o n s in this ca tegory which wi l l be cons idered in this paper: the R o y a l C o m m m i s s i o n on C o a l and P e t r o l e u m P r o d u c t s , which repor ted in 1935; the R o y a l C o m m i s s i o n on F o r e s t R e s o u r c e s which repor ted in 1945; the R o y a l C o m m i s s i o n on F o r e s t r y wh ich repor ted in 1976 and the R o y a l C o m m i s s i o n of Inquiry on H e a l t h and E n v i r o n m e n t a l P r o t e c t i o n - U r a n i u m M i n i n g , wh ich repor ted in 1980. - 32 -T a b l e 2 P a r t i c i p a t i o n Be fore C o m m i s s i o n s D e a l i n g With D i f f e r e n t Issue-Areas P a r t i c i p a t i o n expressed as an average of the P e r c e n t a g e s of t o t a l p a r t i c i p a t i o n C a t e g o r i e s of before e a c h c o m m i s s i o n P a r t i c i p a n t s P r i c e s and N o n -C o r p o r a t e E c o n o m i c Issue C a n a d i a n C o n c e n - F a m i l y A r e a s F e d e r a l i s m tra t ion Wel fare 1 Resources 23 9 .5 4 (6) 8 .5 Inst i tut ional Groups 16.5 4 .5 17 (24) 10.5 Profes s iona l G r o u p s 10 2 1.5 (2) 4 Vo lunteer Groups 22 39 56 (39) 24 Individuals 1.5 29 5 ( 3 . 5 ) 39 C o r p o r a t i o n s 16 .5 7 .5 9 (12) 11 G o v e r n m e n t R e p r e s e n t a t i v e s 0 . 5 4 6 ( 9 . 5 ) 1.5 Unions 2 .5 2 0 .5 (1) 0 P o l i t i c a l Par t i e s 7 1 2 (2 .5 ) 1.5 Institutions (Research organ iza t ions , churches , e t c . ) 1007 514 2802 (473) 956 T o t a l N u m b e r of P a r t i c i p a n t s 1 N u m b e r s in parentheses represent the average of the percentages of par t i c ipant s wi th the F a m i l y L a w C o m m i s s i o n exc luded f rom c o n s i d e r a t i o n . C o m m i s s i o n s inc luded in e a c h i s sue-area: a) C a n a d i a n F e d e r a l i s m : R o w e l l - S i r o i s , P e p i n - R o b a r t s b) P r i c e & C o r p . C o n c e n t a t i o n : P r i c e Spreads, C o r p o r a t e C o n c e n t r a t i o n , K e n t on Newspapers c) N o n - E c o n o m i c F a m i l y Wel fare : H e a l t h Insurance, State H e a l t h Insurance, F a m i l y L a w d) Resources : C o a l , F o r e s t Resources (Sloan), F o r e s t Resources (Pearse) , U r a n i u m M i n i n g (Bates). - 33 -T h e second hypothes is is not general ly supported by analys is of the data represent ing p a r t i c i p a t i o n in d i f f erent i ssue-areas . T h e m o r e g e n e r a l , less t e c h n i c a l issues did not cons i s tent ly a t t r a c t the most p a r t i c i p a t i o n f r o m people and groups with few resources . T h e two issues which c a n be t e r m e d b r o a d and n o n - t e c h n i c a l are C a n a d i a n f edera l i sm and n o n - e c o n o m i c f a m i l y w e l f a r e . F e d e r a l i s m a t t r a c t e d the largest percentage of vo luntary groups, but the smal les t percentage of indiv iduals , while the f a m i l y we l fare commiss ions a t t r a c t e d the largest percentage of ind iv idua l par t i c ipant s , even without the fami ly law c o m m i s s i o n , but the smal les t percentage of vo luntary groups. O n the other hand, the pr ices and c o r p o r a t e c o n c e n t r a t i o n commiss ions a t t r a c t e d a l m o s t as large a percentage of indiv iduals as the f a m i l y wel fare commiss ions and the resources commiss ions a t t r a c t e d the second largest percentage of vo luntary groups. T h e p a r t i c i p a t i o n of some ca tegor ie s o f interests were p r e d i c t a b l e a long the lines of the second hypothes is . C o r p o r a t i o n s were far more ev ident as a percentage of to ta l p a r t i c i p a t i o n before commiss ions cons ider ing the two t e c h n i c a l i ssue-areas . T h i s result should not be surpr is ing , g iven that these issue-areas had a d i r e c t bear ing on c o r p o r a t e interests . O n the o ther hand , the p a r t i c i p a t i o n of ins t i tu t iona l groups was by far the greates t in the hearings of the n o n - t e c h n i c a l C a n a d i a n f edera l i sm commiss ions . T h i s result is exaggerated by the 36% p a r t i c i p a t i o n by ins t i tu t iona l groups before the R o w e l l - S i r o i s c o m m i s s i o n . T h e P e p i n - R o b a r t s c o m m i s s i o n had a high percentage of ins t i tu t iona l group p a r t i c i p a t i o n in its hearings , but only s l ightly higher than the percentages for the other i ssue-areas . P a r t i c i p a t i o n by a l l three ca tegor i e s of interest groups was e x t r e m e l y high in the hearings of the f edera l i sm c o m m i s s i o n s . T h i s p a r t i c i p a t i o n was probably the result of the high prof i l e and wide-rang ing s ign i f i cance of the issues wh ich were canvassed . T h e issues invo lved were of such genera l s igni f icance that groups wi th var ious d i f f erent - 34 -spec i f i c interests would have been a f f e c t e d . F u r t h e r m o r e , the high publ ic prof i le of the f edera l i sm commiss ions themse lves and of the issue meant that the hearings were an unusually good e x t r a - p a r l i a m e n t a r y p l a t f o r m for express ing interests in the publ ic spot l ight . F o r the same reasons, a large number of groups probably f o r m e d spec i f i ca l ly for these commiss ions . C o m p a r e d to the commiss ions cons ider ing the pr ices and c o r p o r a t e c o n c e n t r a t i o n and f a m i l y wel fare issue-areas , the resources commiss ions a t t r a c t e d a large percentage of vo luntary groups to their hearings . T h e high l eve l of p a r t i c i p a t i o n by vo luntary groups before the resources commiss ions is a t t r ibutab le to the deep concerns which many people have on mat ter s of the e n v i r o n m e n t which re late to resources . T h e Bates c o m m i s s i o n , which focussed on e n v i r o n m e n t a l concerns , r e c e i v e d submissions f rom a large propor t ion of vo luntary groups (10% of a l l p a r t i c i p a n t s ) , many of wh ich had a spec i f i c interest in the e n v i r o n m e n t . A l s o , the d i r e c t e c o n o m i c i m p a c t o f resource issues on many s m a l l towns in B . C . gave the resources issue a higher prof i le than it might have been e x p e c t e d to have . It is also possible that the very f a c t of an over ly t e c h n i c a l publ ic discussion of an issue which has an obvious i m p a c t on people's l ives might encourage people to respond to an opportuni ty to discuss the issue in s imple , n o n - t e c h n i c a l t e r m s . T h e Bates C o m m i s s i o n on U r a n i u m M i n i n g encountered par t i c ipants whose p a r t i c i p a t i o n was p r o m p t e d by f rus tra t ion wi th incomprehens ib ly t e c h n i c a l publ ic discussion of an issue which a f f e c t e d them personal ly . T h e C o m m i s s i o n c o m m e n t e d on the apparent need to include non-exper t p a r t i c i p a t i o n in discussions of t e c h n i c a l issues: "Many m e m b e r s of the publ ic ind i ca ted a be l i e f that the dec is ion to proceed with uran ium min ing is not a t e c h n i c a l quest ion to be d e t e r m i n e d by experts and a d m i n i s t r a t o r s , but rather an e t h i c a l one . T h e nature of e t h i c a l d e c i s i o n - m a k i n g is necessar i ly one in which a l l c a n p a r t i c i p a t e as such decis ions are based on ind iv idua l assessments of m o r a l v a l u e s . " ^ - 35 -Despite the fact that the direct impact of the resource issues attracted a larger percentage of voluntary group participation than the other issue-areas except federalism, participation by unions was very low. The family welfare issue-area attracted more union participants than did any of the other three issue-areas; however, all of the participation by unions in hearings held by the family issues commissions was in hearings held by the traditional commissions dealing with state health insurance. Unions participated in hearings held by those traditional commissions because the unions were eager to support the government health insurance schemes which were being considered. The prices and corporate concentration commissions also had a fair percentage of unions appear before them because of the unions' direct involvement in the issue. Another important observation which can be drawn from Table 2 is that there is no evidence to suggest that the trends in participation before federal commissions were different to trends in participation before B.C. commissions. The two federal issue areas, federalism and prices and corporate concentration, do not have any appreciably different pattern of participation in commission hearings than do the two provincial issue-areas, family welfare and resources. In fact, the only category of participants for which participation is higher for the two federal issue-areas than for the two provincial issue-areas is the political parties category. Political parties may appear more before the federal commissions than the provincial commissions because of the need to display their concern over a given issue in each of the regions visited by a federal commission, but may not feel the same need in each of the small communities visited by provincial commissions. Generally, while certain trends are evident between issue-areas, they are not strong and they are often overwhelmed by significant differences between commissions which dealt with similar issues but which had different patterns of - 36 -p a r t i c i p a t i o n in the ir hear ings . T h e d i f f erences be tween the commiss ions dea l ing with s imi lar issues were usual ly a t t r ibutab le to the d i f f erences be tween the t r a d i t i o n a l and the modern style of c o m m i s s i o n . F o r e x a m p l e , the apparent ly high rate of government p a r t i c i p a t i o n before commiss ions dea l ing with the federa l i sm issue is not a t t r i b u t a b l e , as might be e x p e c t e d , to any p a r t i c u l a r role governments f e e l they have in the issue. In f a c t , government p a r t i c i p a t i o n before the two commiss ions in the i s sue-area d i f fers widely wi th 28% p a r t i c i p a t i o n before R o w e l l - S i r o i s , but only 5% before P e p i n - R o b a r t s . A n y e f f e c t the issue may have had on government p a r t i c i p a t i o n was o v e r w h e l m e d by the trend away f rom g o v e r n m e n t p a r t i c i p a t i o n before modern commiss ions . O n the other hand , there is some room for p r e d i c t a b i l i t y of p a r t i c i p a t i o n a c c o r d i n g to i ssue-areas . A modern style of c o m m i s s i o n dea l ing wi th an obscure topic w i l l not a t t r a c t as m u c h p a r t i c i p a t i o n as a m o d e r n c o m m i s s i o n dea l ing wi th a top ic wi th broad popular a p p e a l . T h e data per ta in ing to the f irst and second hypotheses mere ly suggest that for the purpose of a n a l y z i n g or p r e d i c t i n g patterns of p a r t i c i p a t i o n before commiss ions , the e f f e c t of the m o d e r n as opposed to the t r a d i t i o n a l style of c o m m i s s i o n is s tronger than the e f f e c t of the issue-areas being cons idered by the c o m m i s s i o n . T h e th ird and fourth hypotheses of this paper focus on the quest ion of whether there is one p a r t i c u l a r c h a r a c t e r i s t i c of commiss ions which has been responsible for any increases in p a r t i c i p a t i o n by people and groups wi th few resources . T h e p a r t i c u l a r c h a r a c t e r i s t i c cons idered in the th ird hypothesis is t r a v e l by c o m m i s s i o n s . S p e c i f i c a l l y , the th ird hypothesis suggests that p a r t i c i p a t i o n by people and groups wi th few resources is greates t for commiss ions which conduct hearings in the greates t number of locat ions . T h e data per ta in ing to this hypothesis were a n a l y z e d by count ing the number of locat ions in which hearings were c o n d u c t e d by a p a r t i c u l a r c o m m i s s i o n and then c o m p a r i n g this f igure wi th p a r t i c i p a t i o n by individuals a n d by vo luntary - 37 -groups, e a c h represented as a percentage of to ta l p a r t i c i p a t i o n . T h e results were then p laced on the s ca t t er d iagrams shown in F i g u r e s A and B , r e s p e c t i v e l y . No a t t e m p t was m a d e to deve lop a c u r v e because the number of cases is too s m a l l . - 38 -F i g u r e A P a r t i c i p a t i o n by Individuals Be fore C o m m i s s i o n s with V a r y i n g Numbers of L o c a t i o n s for Hear ings P a r t i c i p a t i o n by individuals as a percentage of t o t a l p a r t i c i p a t i o n 100 X 80 60 X X 40 X X X X (Pr ice X Spreads X X 1935)X 20 X ( C O A L - 1935) X ( R O W E L L - S I R O I S - 1940) 0 5 10 15 20 25 30 N u m b e r of L o c a t i o n s of Hear ings - 39 -T h e s ca t t er d iagram presented in F i g u r e A provides ev idence to support the content ion that increased numbers of locat ions of hearings result in increased p a r t i c i p a t i o n by indiv iduals . T h e pat tern which appears suggests a posi t ive re lat ionship between t r a v e l and p a r t i c i p a t i o n by indiv iduals . Interest ingly , the c o m m i s s i o n s w h i c h t r a v e l l e d extens ive ly are not necessar i ly the m o d e r n c o m m i s s i o n s . T h e four p r o v i n c i a l commiss ions of the t r a d i t i o n a l style a l l t r a v e l l e d fa i r ly ex tens ive ly . T h e e x a m p l e of the M a c d o n a l d c o m m i s s i o n , which t r a v e l l e d extens ive ly for the purpose of ge t t ing input f rom c o r p o r a t e p a r t i c i p a n t s who were l iv ing in mines i tes l o c a t e d in the out ly ing regions of B . C . was discussed e a r l i e r in this paper . Desp i te its t r a v e l l i n g , the M a c d o n a l d c o m m i s s i o n a t t r a c t e d v e r y l i t t l e p a r t i c i p a t i o n by indiv iduals . T h e other three p r o v i n c i a l commiss ions a t t r a c t e d a fa ir amount of p a r t i c i p a t i o n by indiv iduals , c o m m e n s u r a t e with the amount of t r a v e l by the p a r t i c u l a r c o m m i s s i o n . T w o other s igni f icant except ions to the posi t ive re lat ionship between p a r t i c i p a t i o n by indiv iduals and t r a v e l by commiss ions were found . B o t h of these except ions were prov ided by commiss ions of the t r a d i t i o n a l s ty le . T h e f irs t e x c e p t i o n is prov ided by the R o w e l l - S i r o i s c o m m i s s i o n . L i k e the M a c d o n a l d c o m m i s s i o n on c o a l , the R o w e l l - S i r o i s c o m m i s s i o n t r a v e l l e d a fa ir amount but a t t r a c t e d very l i t t l e p a r t i c i p a t i o n by ind iv idua l s . T h e P r i c e Spreads c o m m i s s i o n prov ided a d i f f erent kind of e x c e p t i o n . T h i s c o m m i s s i o n did not t r a v e l at a l l , but i t a t t r a c t e d a s igni f icant number of ind iv idua l p a r t i c i p a n t s . A s discussed ear l i er in this paper , the P r i c e Spreads c o m m i s s i o n r e c e i v e d a large number of ind iv idua l witnesses who were requested by the c o m m i s s i o n to give personal ev idence about f i r m s , such as the T . E a t o n C o m p a n y , which were being cons idered as case studies by the c o m m i s s i o n . - 40 -F i g u r e B P a r t i c i p a t i o n by Vo luntary Groups 3 e f o r e C o m m i s s i o n s wi th V a r y i n g N u m b e r s of L o c a t i o n s of Hear ings P a r t i c i p a t i o n by vo luntary groups as a percentage of to ta l p a r t i c i p a t i o n 80 60 40 20 X X(2) X X X X X X X X X X 0 5 10 15 20 25 30 N u m b e r of L o c a t i o n s of Hear ings - 41 -A l t h o u g h there is some ev idence of a pos i t ive re lat ionship be tween t r a v e l by commiss ions and p a r t i c i p a t i o n by indiv iduals before those commiss ions , the results presented in F i g u r e B provide no ev idence of a re lat ionship between t r a v e l by commiss ions and p a r t i c i p a t i o n by vo luntary groups. T h e two commiss ions which d id the least a m o u n t of t r a v e l had very l i t t l e vo luntary group p a r t i c i p a t i o n , but the four commiss ions which he ld hearings in the largest number of locat ions also had very l i t t l e vo luntary group p a r t i c i p a t i o n . E v e n when the data f r o m the F a m i l y L a w c o m m i s s i o n is c o r r e c t e d to r e f l e c t an average l eve l of ind iv idua l p a r t i c i p a t i o n , the l eve l of vo luntary group p a r t i c i p a t i o n before the c o m m i s s i o n c l i m b s f r o m less than .5 percent to only 4 percent , despite the fac t that the c o m m i s s i o n he ld hearings in 29 locat ions . T h e most which can safely be said about the re lat ionship between vo luntary group p a r t i c i p a t i o n in c o m m i s s i o n hearings and the number of locat ions where those hearings are he ld is that a reasonable number of locat ions is a necessary , but not a suf f i c i ent , prerequis i te for a t t r a c t i n g m o r e than a very few vo luntary groups to appear before commiss ions of inqu iry . In f a c t , the four commiss ions , inc lud ing one t r a d i t i o n a l c o m m i s s i o n (Rowel l -S iro i s ) , wi th the greates t percentages of vo luntary group p a r t i c i p a t i o n a l l held hearings at between 10 and 16 locat ions . O n the other hand, three other commiss ions which he ld hearings a t be tween 10 and 15 locat ions a l l a t t r a c t e d negl ig ible p a r t i c i p a t i o n by vo luntary groups. T h e l i m i t e d e f f e c t of c o m m i s s i o n t r a v e l on vo luntary group p a r t i c i p a t i o n be fore c o m m i s s i o n s s trongly suggests that the other tools which modern commiss ions use are p a r t i c u l a r l y i m p o r t a n t for a t t r a c t i n g p a r t i c i p a t i o n by vo luntary groups. Some degree of reasonable access must be prov ided but a c t i v e so l i c i ta t ion of p a r t i c i p a t i o n by vo luntary groups is necessary in order to o v e r c o m e the poor o r g a n i z a t i o n a l resources of such groups which result in substant ia l i n e r t i a when it c o m e s to ge t t ing the group invo lved in a c o l l e c t i v e e f f o r t . Ana lys i s of the data presented in T a b l e 1 demonstrates - kl -that the genera l e f f o r t s made by modern commiss ions have resulted in grea ter p a r t i c i p a t i o n by vo luntary groups, but F i g u r e B suggests that t r a v e l by these commiss ions is not the most i m p o r t a n t f a c t o r contr ibut ing to that resul t . It is impor tant to recogn ize that i f hearings are he ld at a number of locat ions but these locat ions are not we l l d i s t r ibuted , p a r t i c i p a t i o n by indiv iduals probably w i l l not increase s igni f icant ly beyond the numbers that would p a r t i c i p a t e wi th only one locat ion for hearings . Individuals tend to p a r t i c i p a t e more in hearings when the hearings are he ld in m o r e than one loca t ion s imply because they do not have to spend as many s c a r c e resources of t i m e and money t r a v e l l i n g to hearings . C o m m i s s i o n s cannot c o n d u c t hearings a t every loca t ion where somebody would l ike to p a r t i c i p a t e , but they can at least t r a v e l to that person's region and a t t r a c t a number of other people f rom the same reg ion . It is m u c h eas ier and m u c h cheaper for B . C . commiss ions to provide m a x i m u m access to c o m m i s s i o n hearings than it is for f edera l commiss ions s imply because of the fac t that B . C . is smal l er than C a n a d a . Only those f e d e r a l commiss ions , such as the M a c k e n z i e Va l l ey P ipe l ine c o m m i s s i o n , wh ich only operate in a spec i f i c a r e a , can readi ly provide the kind of access that p r o v i n c i a l commiss ions c a n prov ide . Never the le s s , every f e d e r a l c o m m i s s i o n which was cons idered in this paper and which t r a v e l l e d , went to every p r o v i n c e . T h e N a t i o n a l U n i t y T a s k F o r c e , for e x a m p l e , held hearings in every p r o v i n c i a l and t e r r i t o r i a l c a p i t a l except V i c t o r i a , and in M o n t r e a l , V a n c o u v e r and C a l g a r y , as we l l as in O t t a w a and H u l l . T h e C o r p o r a t e C o n c e n t r a t i o n c o m m i s s i o n also held hearings in every region in the country but did not d is tr ibute the hearings in geograph ica l t e r m s as evenly as most commiss ions have done. T h i s c o m m i s s i o n held hearings in e ight locat ions in O n t a r i o , seven locat ions in Western C a n a d a , four locat ions in the A t l a n t i c prov inces , only three locat ions in Q u e b e c , and one in N o r t h e r n C a n a d a . Desp i te a sl ight over -emphas i s on O n t a r i o - 43 -locat ions , and sl ight under-emphas i s on Q u e b e c and N o r t h e r n locat ions , the C o r p o r a t e C o n c e n t r a t i o n c o m m i s s i o n s t i l l managed to provide fa ir ly good g e o g r a p h i c a l access to the hear ings . T h e r e is very l i t t l e doubt that commiss ions , e spec ia l ly of the m o d e r n s ty le , r ecogn ize the need to d i s tr ibute hearings to provide m a x i m u m geograph ica l access . T h e da ta per ta in ing to the th ird hypothesis support the propos i t ion that increased t r a v e l by commiss ions results in increased p a r t i c i p a t i o n by indiv iduals , but does not support the propos i t ion that increased t r a v e l by commiss ions leads to increased p a r t i c i p a t i o n by vo luntary groups. E v e n though there is genera l support for the p a r t i c i p a t i o n by indiv iduals part of the hypothes is , this support is m u c h stronger wi th re f erence p r i m a r i l y to the modern commiss ions . T h e three except ions to the support wh ich were c i t e d were a l l prov ided by commiss ions of the t r a d i t i o n a l s ty le . Only four out of seven t r a d i t i o n a l style commiss ions but a l l seven m o d e r n style commiss ions support the hypothesis as it a f f e c t s p a r t i c i p a t i o n by indiv iduals . T h e l i m i t e d support for the th ird hypothesis is therefore fur ther l i m i t e d by the observat ion that the m o d e r n commiss ions lend more support to the hypothesis than the t rad i t i ona l commiss ions do. In p r a c t i c a l t e r m s , the conc lus ion to be drawn f r o m the th ird hypothesis is that indiv iduals , not vo luntary groups, general ly respond to the enhanced opportuni ty for p a r t i c i p a t i o n prov ided by commiss ions that c o n d u c t hearings in d i f ferent locat ions . T h e genera l a p p r o a c h of the c o m m i s s i o n in t erms of the s tyle of its hearings , and the publ i c i ty surrounding those hearings c o u l d , however , probably negate the i m p a c t of those opportuni t i e s . - 44 -F i g u r e C P a r t i c i p a t i o n by Individuals Be fore C o m m i s s i o n s wi th V a r y i n g N u m b e r s of D a y s of Hear ings P a r t i c i p a t i o n by indiv iduals as a percentage of to ta l p a r t i c i p a t i o n 100 80 60 X X 40 X X X X 20 X X X X 20 40 60 80 100 120 N u m b e r of Days of Hear ings - 45 -Figure D Participation by Voluntary Groups Before Commissions with Varying Numbers of Days of Hearings Participation by voluntary groups as a percentage of total participation 80 60 40 20 X X X X X X X X X X X 20 40 60 80 100 120 Number of Days of Hearings - 46 -T h e fourth hypothes is , which suggests that increased numbers of days of hearings wi l l result in increased p a r t i c i p a t i o n by people and groups with few resources , is not supported by the ev idence presented in F i g u r e s C and D . T h e r e is no apparent re lat ionship between the number of days of hearings and p a r t i c i p a t i o n in those hearings by e i ther indiv iduals or vo luntary groups. T h e only possibi l i ty of a re lat ionship is a c u r v i l i n e a r one between days of hearings and p a r t i c i p a t i o n by indiv iduals . T h e exp lanat ion for such a re lat ionship might be that lengthy schedules of hearings fa i l to a t t r a c t as m u c h a t t en t ion as shorter ones because of the e x p e c t a t i o n that nobody would be able to m a i n t a i n their interest for the t i m e span i n v o l v e d . A t most then , there is only a tenuous re lat ionship between the number of days of hearings and p a r t i c i p a t i o n by indiv iduals , but no re lat ionship between number of days and p a r t i c i p a t i o n by vo luntary groups. O t h e r than numbers of locat ions of hearings and numbers of days of hearings , commiss ions have many spec i f i c c h a r a c t e r i s t i c s which might be part of the reason for increased p a r t i c i p a t i o n in hearings by people and groups wi th few resources . Mos t of these, such as i n f o r m a l hearings , are part of the modern style of c o n d u c t i n g commiss ions which was cons idered as part of the f irs t hypothesis . Never the le s s , some of these c h a r a c t e r i s t i c s of modern commiss ions are worth br ie f discussion independent of the discussion of the genera l t r end of m o d e r n commiss ions . One c h a r a c t e r i s t i c which is very i m p o r t a n t in other jur i sd ic t ions where commiss ions are widely used , such as B r i t a i n , is the representat iveness of the c o m m i s s i o n e r s themse lves . A hypothes is about p a r t i c i p a t i o n and representat iveness would suggest that commiss ions wh ich inc luded representat ives of the var ious major points of v iew on an issue would be more l e g i t imate and there fore more po l i t i ca l l y a t t r a c t i v e t o . p a r t i c i p a n t s . U n f o r t u n a t e l y , not enough of the commiss ions cons idered - 47 -in this paper were representat ive in their f o r m a t i o n to prov ide adequate data for tes t ing such a hypothes is . In C a n a d a , representat iveness is not usually the thrust of c o m m i s s i o n e f for t s to appear l e g i t i m a t e . C a n a d i a n commiss ions tend to pre fer an a p p r o a c h which emphas izes a high pro f i l e , ' impart ia l ' c h a i r m a n of the c o m m i s s i o n and two or three other ' impart ia l ' c o m m i s s i o n e r s . A s a result , many commiss ioners are judges and professors , wi th the o c c a s i o n a l 'widely respected' p o l i t i c i a n . Never the le s s , there is a growing number of representat ive commiss ions in C a n a d a . In one sense f e d e r a l commiss ions are usually representat ive because they usually draw commiss ioners f r o m d i f f e r e n t regions of the c o u n t r y . T h e two C a n a d i a n f edera l i sm c o m m i s s i o n s were p a r t i c u l a r l y sensit ive about reg ional representat iveness . T h e P e p i n - R o b a r t s T a s k F o r c e had some trouble f inding a c o m m i s s i o n e r of enough stature f r o m Q u e b e c , but they f inal ly c o n v i n c e d Solahge C h a p u t - R o l l a n d to join t h e m , m u c h to the commiss ion's and the government's r e l i e f . ^ O n e s trong ind ica tor of a representat ive c o m m i s s i o n is the number of c o m m i s s i o n e r s . B r i t i s h commiss ions , for e x a m p l e , tend to inc lude a large number of commiss ioners in an a t t e m p t to represent a l l interests in an issue. In C a n a d a mos t commiss ions have between three and f ive c o m m i s s i o n e r s . T h e two outstanding commiss ions in the sample e x a m i n e d here were the P e p i n - R o b a r t s T a s k F o r c e , wi th nine c o m m i s s i o n e r s , and the Status of W o m e n c o m m i s s i o n , which had seven c o m m i s s i o n e r s . Both of these commiss ions made some a t t e m p t at being representa t ive . T h e R o w e l l - S i r o i s c o m m i s s i o n had f ive m e m b e r s , but they were a l l professors and judges. T h e 1935 P r i c e Spreads c o m m i s s i o n cons is ted of an ent i re P a r l i a m e n t a r y C o m m i t t e e which took the status of a R o y a l C o m m i s s i o n to pursue its inves t igat ion beyond P a r l i a m e n t a r y l i m i t a t i o n s . - 48 -T h e r e is not enough of a representat ive t rend in C a n a d i a n commiss ions to be able to draw strong conclus ions about its e f f e c t on p a r t i c i p a t i o n . Those commiss ions which did adopt a s l ightly representat ive a p p r o a c h to the c o m p o s i t i o n of the c o m m i s s i o n were modern commiss ions , wi th some except ions . It is possible that representat iveness w i l l b e c o m e an i m p o r t a n t part of commiss ions wh ich are in teres ted in a t t r a c t i n g p a r t i c i p a t i o n . T h e r e are , however , many f a c t o r s to be cons idered in the cho ice of commiss ioners , inc luding expert i se in the issue being c o n s i d e r e d , wil l ingness to be a c o m m i s s i o n e r , as wel l as a good re lat ionship or at least sympathy for the party in g o v e r n m e n t . T o some extent , however , representat iveness of commiss ioners must be cons idered , a t least so that commiss ions are not p e r c e i v e d by in teres ted m e m b e r s of the publ ic as predisposed to a p a r t i c u l a r p o l i c y . Mos t i m p o r t a n t l y , people must be able to respect the c o m m i s s i o n and to expec t to be l i s tened to. When a c o m m i s s i o n does not have commiss ioners who represent d i f f erent interests , c a r e must be taken to foster a reputat ion of independence f r o m the government or the c o m m i s s i o n w i l l lose i ts reputat ion as a worthwhi le forum before which to a r t i c u l a t e in teres t s . T h a t independence must be m a i n t a i n e d by avo id ing any indicat ions of p r e - d e t e r m i n e d pol ic ies and by re ta in ing the r ight and the l ike l ihood of pub l i ca t ion of c o m m i s s i o n s f indings . In f a c t , most commiss ions have jealously guarded the ir r ight of publ icat ion .36 j n a n ins tance , the c o u r t s upheld the r ight of a c o m m i s s i o n to produce a report of the ir f indings and , arguab ly , to publish that repor t . ( C A ) K e l l y v M a t h e r s (1915) 25 M a n L . R . 580, at p. 603 and p. 609. T h e c o m m i s s i o n invo lved was T h e M a n i t o b a R o y a l C o m m i s s i o n on the N e w P a r l i a m e n t Bui ld ings . Where governments try to suppress publ i ca t ion of a c o m m i s s i o n repor t , there is also the danger of leaks which in the case of the G r a y R e p o r t of F o r e i g n Investment embarassed the government into publ ishing the ent i re repor t . - 49 -A n o t h e r very i m p o r t a n t f a c t o r which is not d i r e c t l y addressed in the hypotheses of this paper but which has a s igni f icant e f f e c t on the extent and nature of p a r t i c i p a t i o n before commiss ions is the p e r c e i v e d probabi l i ty of e f f ec t iveness of commiss ions in t erms of future leg i s la t ive results . It is very d i f f i c u l t for commiss ions to raise hopes of i m m e d i a t e leg is lat ive results because examples of the leg is lat ive i m p a c t of other commiss ions usually have a substant ia l t ime lag between a commiss ion's f ina l report and leg is lat ive a c t i o n ar i s ing f rom that repor t . One study, for e x a m p l e , a t t r i b u t e d a delay of 19 to 30 years to s ta tutory recogn i t ion of c o m m i s s i o n reports in B r i t a i n . It was pointed out in that study that c o m m i s s i o n reports and r e c o m m e n d a t i o n s usual ly appear we l l ahead of the p o l i t i c a l c o m p r o m i s e s required for a major po l icy change.37 C a n a d i a n studies have c o m e to s imi lar conclus ions wi th ev idence of s igni f icant l eg i s la t ive e f f e c t over t i m e for c o m m i s s i o n recommendat ions .38 i n the course of t ry ing to encourage publ ic p a r t i c i p a t i o n in c o m m i s s i o n hearings , c o m m i s s i o n e r s have of ten c o m m e n t e d on the long t e r m e f f e c t of commiss ions by couch ing the expec ta t ions of the c o m m i s s i o n in t e r m s of shaping future debate and p o l i t i c a l c o m p r o m i s e on the issue be ing c o n s i d e r e d . O n e very i m p o r t a n t c h a r a c t e r i s t i c of m o d e r n commiss ions wh ich makes these commiss ions a t t r a c t i v e forums for interest a r t i c u l a t i o n , e spec ia l ly by people and groups wi th few resources , is the coverage of c o m m i s s i o n proceedings and findings by the news m e d i a . M e d i a c o v e r a g e results in grea ter advance publ i c i ty for c o m m i s s i o n hearings and in grea ter publ ic i ty o f the ideas and of the m o r e tangible results of the commiss ion's proceedings . M o d e r n commiss ions are very aware of the i m p o r t a n c e of the m e d i a . In mos t instances , c o m m i s s i o n e r s take fu l l advantage of opportuni t ies to talk about their c o m m i s s i o n wi th reporters f r o m var ious forms of news m e d i a . Interviews discussing u p c o m i n g hearings c a n o f ten be seen or heard on radio and te lev is ion as we l l as in - 50 -newspapers and magaz ines throughout the jur i sd ic t ion of the c o m m i s s i o n . T h e hearings of m o d e r n commiss ions are of ten broadcas t on c o m m u n i t y radio or te lev i s ion stat ions . A l l of this publ ic i ty is very i m p o r t a n t for ra is ing the prof i le of commiss ions a n d , t h e r e f o r e , m a k i n g people aware of the opportuni t ies for p a r t i c i p a t i o n before commiss ions . A l t h o u g h v e r y l i t t l e study of the m e d i a coverage of c o m m i s s i o n hearings has been under taken , it is worth nothing that at least one study found the publ ic hearings themselves to be the object of greates t m e d i a interes t . T h e F a m i l y L a w C o m m i s s i o n kept a r e c o r d of the m e d i a coverage of the c o m m i s s i o n and found that the m a x i m u m coverage was g iven to the publ ic hearings . T h e hearings were the subject of a lmos t double the number of news i t e m s as the next major issue, despite the large number of i n f o r m a t i o n packages and press releases which the c o m m i s s i o n prepared and d i s tr ibuted about spec i f i c issues deal t with by the commiss ion .39 A l t h o u g h people may have trouble recogn iz ing the value of commiss ions f rom the point of v i ew of a n t i c i p a t e d leg is lat ive results , m e d i a coverage of c o m m i s s i o n hearings can f a c i l i t a t e the recogn i t ion of non- leg i s la t ive results of the a r t i c u l a t i o n of interes ts before commiss ions . People fo l lowing m e d i a coverage of ongoing hearings may recogn ize the opportuni ty presented by publ ic hearings to a f f e c t n o n - g o v e r n m e n t a l a c t o r s in the pol icy process . A n e x a m p l e of such an e f f e c t was c i t e d by a study of the Barber C o m m i s i o n on F a r m M a c h i n e r y C o s t s . T h e study found that "Many of the Commiss ion ' s r e c o m m e n d a t i o n s never e m e r g e d as leg is lat ion at e i ther f e d e r a l or p r o v i n c i a l levels of government , a l though f a r m m a c h i n e r y c o m p a n i e s , suddenly thrust into the publ ic spot l ight , made hasty changes to their p r i c i n g s t r u c t u r e s . " ^ M o d e r n commiss ions of ten explo i t the opportuni ty to provide a m e c h a n i s m for non- leg i s la t ive change . T h e M a c k e n z i e V a l l e y P ipe l ine c o m m i s s i o n asked c o r p o r a t e representat ives to t r a v e l with it to hear var ious nat ive submissions in locat ions a long - 51 -the proposed pipeline route. As a result of hearing the personally expressed feelings of local people, one of the members of the pipeline consortium actually pulled out of the proposal.^ The administrative secretary of the Pearse Commission on Forestry commented that she and the commissioner purposely scheduled hearings so that participants with different points of view had to listen to each other.^2 The commission used this scheduling device because of the understanding and therefore compromise which can result. The advantage of results such as compromise between participants is that the benefit of the commission is obvious. The value of commissions and, therefore, the desire to participate, can be maintained best when results of participation are obvious. Where commissions have been able to raise the hopes of people and groups with few resources that the commission's hearings will provide a focus for different actors to communicate with each other, the results in terms of increased participation have been significant. The Family Law Commission commented that its public hearings, which hadbeen publicized extensively, served as a catalyst to draw participation from various interested groups.^3 The commission commented in its final report that many groups operating in various communities used the hearings to re-establish cooperative relationships with other groups having complementary interests.^ In some cases, hearings which show promise of attracting media attention are used by groups as a means of reaching members of the public who might share the group's interest and encouraging those individuals to become active in the policy process if not in the commission hearing themselves. For example, one participant in the Mackenzie Valley Commission commented that "The Berger hearings played an important role in politicizing the people in the North. The Dene viewed the inquiry as an organzing tool . . . a way of creating political awareness".^ Similarly, a commentator on the Mackenzie Valley Commission hearings said that "despite the - 52 -m o t i v a t i o n governments may have for holding a hear ing , c o m m u n i t y groups fe l t that the hear ing i t se l f and the process prior to the hear ing were e x t r e m e l y valuable".^6 One very i m p o r t a n t c h a r a c t e r i s t i c of modern commiss ions which makes the process leading up to publ ic hearings seem va luable for vo luntary groups is the provis ion of funds for the prepa ra t io n of submissions to the c o m m i s s i o n . A n y funding opportuni ty is very i m p o r t a n t for vo luntary groups, but funding prov ided to prepare for c o m m i s s i o n hearings where m e d i a a t t en t ion wi l l be focussed is e x t r e m e l y v a l u a b l e . Groups which are unable to c o m p e t e with the sophis t i cated arguments presented by ins t i tu t iona l interes t gropus in the n o r m a l p o l i t i c a l process have a rare opportuni ty to c o m p e t e on r e l a t i v e l y even t erms wi th we l l - funded ins t i tu t iona l groups when commiss ions provide funding for preparat ion of br ie f s . T h e idea of d i rec t funding was only deve loped in the 1970s, but is now used extens ive ly by commiss ions at both the f e d e r a l and p r o v i n c i a l levels .^7 T h e Berger C o m m i s s i o n on the M a c k e n z i e V a l l e y P ipe l ine d i s tr ibuted 1.8 m i l l i o n dol lars to interes t groups which the c o m m i s s i o n dec ided were in need of f inanc ia l ass i s tance . T h e P o r t e r C o m m i s s i o n on E l e c t r i c P o w e r P lanning in O n t a r i o spent $360,000 on in tervenor funding while the Bates C o m m i s s i o n in B . C . spent $250,000.^8 U n f o r t u n a t e l y , e x a c t f igures on funding prov ided by commiss ions are very h a r d to f ind because funding is rare ly presented as a spec i f i c i t e m in c o m m i s s i o n budget reports . One f ina l c h a r a c t e r i s t i c o f m o d e r n commiss ions which is e m p l o y e d to enhance p a r t i c i p a t i o n by people and groups wi th few resources is adver t i s ing . M o d e r n commiss ions advert i se dates , t imes and locat ions of publ ic hearings in order to ensure that as many people as possible are aware of the opportuni ty to a r t i c u l a t e their interests before the c o m m i s s i o n . A l m o s t e v e r y c o m m i s s i o n now advert i ses its publ ic hearings on radio and te l ev i s ion , and in the newspapers . A l t h o u g h spending breakdowns are rare ly ava i lab le in c o m p l e t e form for commiss ions , the Bates C o m m i s s i o n on - 53 -U r a n i u m M i n i n g in B . C . , which repor ted in 1981, before c o m p l e t i n g its p lanned program of publ ic hearings prov ided an e s t i m a t e of $313,500 spent on adver t i s ing out of a t o t a l budget of over $1.8 m i l l i o n . E a c h of these c h a r a c t e r i s t i c s of m o d e r n commiss ions is worthy of m o r e study than the scope of this paper a l lows . F o r purposes of this paper , a l l of these c h a r a c t e r i s t i c s cons idered together a c c o u n t for the observed t rend to grea ter p a r t i c i p a t i o n by people and groups with few resources before m o d e r n commiss ions of inqu iry . A l t h o u g h e m p i r i c a l ev idence was presented only for the e f f e c t of t r a v e l by commiss ions on p a r t i c i p a t i o n , e a c h of the other c h a r a c t e r i s t i c s discussed above c o n t r i b u t e d to the observed trends of p a r t i c i p a t i o n before m o d e r n c o m m i s s i o n s . T h e results of the re search and analys is of the hypotheses presented in this paper c a n be s tated as fo l lows: 1. People or groups wi th few resources p a r t i c i p a t e d m o r e before the c o m m i s s i o n s of the m o d e r n style than they did before the commiss ions of the t r a d i t i o n a l s ty le . 2. People or groups wi th few resources did not p a r t i c i p a t e only before the commiss ions which deal t with issues of a n o n - t e c h n i c a l nature and a genera l a p p e a l . P a r t i c i p a t i o n c o u l d not be expla ined in t erms of responses to broad ca tegor ie s of i ssue-areas . 3. A posi t ive re lat ionship was found between the number of locat ions in which commiss ions conduct hearings and p a r t i c i p a t i o n by indiv iduals . No re lat ionship was found between numbers of locat ions of hearings and p a r t i c i p a t i o n by vo lunteer groups. T h e r e is some ev idence that a reasonable number of locat ions is a necessary but not a suf f i c ient prerequis i te for a t t r a c t i n g more than a few vo lunteer groups to appear before c o m m i s s i o n s . 4. A c u r v i l i n e a r re lat ionship was found between the number of days of c o m m i s s i o n hearings and p a r t i c i p a t i o n by indiv iduals . No re lat ionship was found be tween the number of days of hearings and vo lunteer group p a r t i c i p a t i o n . A s a genera l c o n c l u s i o n , it c a n be said that people or groups wi th few resources respond to the opportuni t i e s for p a r t i c i p a t i o n which commiss ions present . F u r t h e r m o r e , these opportuni t ies are most c o m m o n l y presented.by what is r e f e r r e d to - 54 -in this paper as the modern style of commission. Modern commissions are more aware of the value of participation as a goal in its own right. They encourage participation in many ways, including less formal hearings, intervenor funding, use of advertising, encouragement of media attention, representativeness where necessary, multiple locations of hearings and use of hearings to promote compromise between antagonists. Most importantly, governments and commissions have adopted an attitude that commissions must provide an opportunity for people and groups without effective means of articulating their interests within the Parliamentary process of government to articulate their views through commissions. Democratization of political dialogue on major issues or at least the appearance of democratization, seems to be the goal of governments and commissions. As commissioner John Robarts said, with reference to the purpose of the Task Force on National Unity: "Our function is not to be a great body that accomplishes a great deal, but one that can help and assist the people of this country to solve their own problems because that is the only way that it will be resolved for any length of time or forever. It will have to be a solution that wells up from within the people. It will not be a solution that will be imposed upon them by anybody from the top."^9 This paper has shown that the efforts made by commissions to provide an opportunity for people to express their views has had tangible results in terms of the response to those opportunities by people and groups which have few resources to draw upon for articulating their interests. - 55 -Notes l L a w R e f o r m C o m m i s s i o n of C a n a d a , "Commiss ions of Inquiry" ( L . R . C . C . , O t t a w a , 1977) p. 6. 2 lb id . , p . 5. 3 I b i d . , p . 6. ^There is no way of c h e c k i n g the pat terns of interest group ex i s tence in C a n a d a outside commiss ions . (See A . P . Pross , "Canadian Pressure G r o u p s in the 1970's," C a n a d i a n Publ i c A d m i n i s t r a t i o n , Spr ing 1975, V o l . 18, p. 125.) In this paper , the focus is on group responses to opportuni t i e s prov ided by c o m m i s s i o n s . E v e n i f a t rend in commiss ions is only a r e f l e c t i o n of a trend in soc ie ty , this paper hopes to demonstra te that commiss ions cont inue to be seen as a sa t i s fac tory forum for groups which want to a r t i c u l a t e the ir interes ts . Notwi ths tand ing group trends in soc ie ty , commiss ions f a i l as p a r t i c i p a t o r y m e c h a n i s m s if they do not provide worthwhi le opportuni t i e s for groups. ^The Bates C o m m i s s i o n did not c o m p l e t e its p lanned schedule of hearings due to a m o r a t o r i u m on uranium min ing imposed by the government . T h e m o r a t o r i u m was imposed be fore the c o m m i s s i o n c o m p l e t e d its hearings , render ing the r e m a i n d e r of the inves t igat ion into uran ium m i n i n g in B . C . redundant . F o r t u n a t e l y , enough of the hearings were c o m p l e t e d to a l low inc lus ion of data c o l l e c t e d f rom hearings of the c o m m i s s i o n in this paper . 6 W . A . Wooton , Interest G r o u p Behaviour (Toronto , 1974), pp. 94 - 95. 7 A . P . Pross , "Canad ian Pressure G r o u p s in the 1970's," C a n a d i a n Publ i c  A d m i n i s t r a t i o n , Spr ing 1975, V o l . 18, p . 124. 8 lb id . , p. 124. D a w s o n , "The Consumer ' s A s s o c i a t i o n of C a n a d a , " C a n a d i a n Publ i c  A d m i n i s t r a t i o n , V o l . 6 (1963), p. 698. 10R. K e m p , T . O ' R i o r d a n and M . Purdue , "Investigation as L e g i t i m a c y : T h e M a t u r i n g of the B ig P u b l i c Inquiry". G e o f o r u m V o l 15, N o . 3 (1984) pp. 477 - 8. ^ H . C l o k i e and 3. Robinson , R o y a l C o m m i s s i o n s of Inquiry (Stanford: S tanford U n i v e r s i t y Press , 1937), p . 64. 1 2 I b i d . , p . 32. 1 3 G . M . T r e v e l y a n , B r i t i s h H i s t o r y in the N i n e t e e n t h C e n t u r y , 1782-1901 (London, 1922), p. 242. - 56 -l ^ C l o k i e and Rob inson , op. c i t . , p. 25. l ^ L a w R e f o r m C o m m i s s i o n of C a n a d a , "Commiss ions of Inquiry" ( L . R . C . C . , O t t a w a , 1977) p. 6. 1 6 " W h a t Value in These Probes?", M o n e t a r y T i m e s , F e b . 1967, p. 15. 1 7 J . C . C o u r t n e y , "Canadian R o y a l C o m m i s s i o n s of Inquiry, 1946-1962" ( P h . D . thesis , Duke U n i v e r s i t y , 1964), p. 12. I S j . E . Hodge t t s , "The R o l e of R o y a l C o m m i s s i o n s in C a n a d i a n G o v e r n m e n t , " C a n a d i a n Publ i c A d m i n i s t r a t i o n , Hodget t s and C o r b e t t , eds. (Toronto , 1960), p. 483. l ^ T . R . B e r g e r , "Commiss ions of Inquiry and P u b l i c P o l i c y . " Speech to C a r l e t o n U n i v e r s i t y Schoo l of Pub l i c A d m i n i s t r a t i o n , M a r c h 1, 1978, p . 2. 2 u C o u r t n e y , op . c i t . , p . 81. 2 1 I b i d . , p. 94. 2 2 j . E . Hodge t t s , "Should C a n a d a be D e - C o m m i s s i o n e d : A C o m m o n e r ' s V i e w of R o y a l C o m m i s s i o n s , " Queen's Q u a r t e r l y , Winter 1964, V o l . 70, p. 488. 23ibid. , p. 483. 2^F . Sch indler and C . L a n p h i e r , "Socia l S c i e n c e R e s e a r c h and P a r t i c i p a t o r y D e m o c r a c y in C a n a d a , " C a n a d i a n P u b l i c A d m i n i s t r a t i o n , V o l . 12, 1969, p. 485. 2 5 G . B . D o e r n , "The R o l e of R o y a l C o m m i s s i o n s in the G e n e r a l P o l i c y Process and in F e d e r a l - P r o v i n c i a l Re la t ions ," C a n a d i a n P u b l i c A d m i n i s t r a t i o n , V o l . 10, D e c . 1967, p . 425. C o m m i s s i o n S e c r e t a r y in her handwri t t en records , c o m m e n t e d that the C o m m i s s i o n was keep ing a r igorous and thorough schedule of v is i ts to many of the sites of p r o v i n c i a l c o a l and pe tro l eum deve lopment . 2 7 B . C . R o y a l C o m m i s s i o n on C o a l and P e t r o l e u m P r o d u c t s , F i n a l R e p o r t ( V i c t o r i a , 1935), p. 4276. 2 ^ K . S p i c e r , "Interview wi th John R o b a r t s and J e a n - L u c Pepin ," Maclean's , A p r i l 16, 1978, p. 8. 2 9 I b i d . , p. 8. 3 0 B . C . R o y a l C o m m i s s i o n on F a m i l y and Chi ldren's L a w , "The C o m m i s s i o n and the C o m m u n i t y , " 13th R e p o r t (Vancouver , 1975), pp . 21 - 22. 3 1 I b i d . , p. 21. 32 ibid . , p. 32. - 57 -.. . 33canada, R o y a l C o m m i s s i o n on P r i c e Spreads , F i n a l R e p o r t ( O t t a w a , 1937), p. 3. 3 ^ B . C . R o y a l C o m m i s s i o n of Inquiry into H e a l t h and E n v i r o n m e n t a l P r o t e c t i o n -U r a n i u m M i n i n g , Commiss ioner ' s R e p o r t ( V i c t o r i a , 1980), p. 16. 3 ^ S p i c e r , op . c i t . , p . 16. 3 6 K e l l y v . Mathers (1915) 25 M a n . L . R . 603 ( C A ) . 3 7 L a s k i , quoted in C . J . H a n s e r , G u i d e to D e c i s i o n : T h e R o y a l C o m m i s s i o n (Toronto , 1965), p. 198. M a x w e l l , " R o y a l C o m m i s s i o n s and Soc ia l C h a n g e in C a n a d a : 1867-1967," (Unpubl ished P h . D . thesis , C o r n e l l U n i v e r s i t y , 1970), p. 273. 3 ^ R o y a l C o m m i s s i o n on F a m i l y and Chi ldren's L a w , op . c i t . , p . 32. ^ O G . G h e r s o n , " R o y a l C o m m i s s i o n s : T h e G l o r y Y e a r s May Be A l m o s t O v e r , " F i n a n c i a l Post , N o v . 25, 1978, p . 6. ^ T o m Berger Interview, Augus t 1982. M r . Berger was C o m m i s s i o n e r of the M a c k e n z i e V a l l e y P ipe l ine and F a m i l y L a w C o m m i s s i o n s . ^ i n t e r v i e w (June, 1982) wi th H i l a r y M c L o u g h l i n , a d m i n i s t r a t i v e s e c r e t a r y of the B . C . R o y a l C o m m i s s i o n on F o r e s t r y which repor ted in 1979. ^ i n t e r v i e w (July , 1982) wi th K i m R o b e r t s of the Westcoast E n v i r o n m e n t a l L a w A s s o c i a t i o n . M r . R o b e r t s and W E L A are of ten invo lved in helping interes t groups present their posit ions to c o m m i s s i o n s . ^ R o y a l C o m m i s s i o n on F a m i l y and Chi ldren's L a w , op. c i t . , p . 32. ^ Q u o t e d in K . K o n s t a n t y n o w i c z , " C i t i z e n Intervent ion," (unpublished, 1980), p . 6. * 6 I b i d . , p. 6. ^L. Sa l t er , "The R o l e of the Publ i c in S c i e n t i f i c D e t e r m i n a t i o n of P o l i c y : T h e C a n a d i a n Inquiry Process ," U . of T o r o n t o L a w J o u r n a l , V o l . 31 (1981), p. 345. ^ F i g u r e s taken f rom c o m m i s s i o n reports . ^^Spicer , op . c i t . , pp . 9 - 1 0 . - 58 -Commissions 1. B . C . R o y a l C o m m i s s i o n on C o a l and P e t r o l e u m P r o d u c t s , F i n a l R e p o r t ( V i c t o r i a , 1935). 2. B . C . R o y a l C o m m i s s i o n on F a m i l y and Chi ldren's L a w , "The C o m m i s s i o n and the C o m m u n i t y " , 13th R e p o r t (Vancouver , 1975). 3. B . C . R o y a l C o m m i s s i o n on F o r e s t R e s o u r c e s , F i n a l R e p o r t of H o n . G . M c G . S loan , C h i e f J u s t i c e of B . C . ( V i c t o r i a , 1945). 4. B . C . R o y a l C o m m i s s i o n on F o r e s t R e s o u r c e s , F i n a l R e p o r t ( V i c t o r i a , 1976). 5. B . C . R o y a l C o m m i s s i o n on H e a l t h Insurance, F i n a l R e p o r t ( V i c t o r i a , 1921). 6. B . C . R o y a l C o m m i s s i o n of Inquiry into H e a l t h and E n v i r o n m e n t a l P r o t e c t i o n -U r a n i u m M i n i n g , Commiss ioner ' s R e p o r t ( V i c t o r i a , 1980). 7. B . C . R o y a l C o m m i s s i o n on State H e a l t h Insurance and M a t e r n i t y Benef i t s , F i n a l  R e p o r t ( V i c t o r i a , 1932). 8. C a n a d a , T h e M a c k e n z i e Va l l ey P ipe l ine Inquiry, F i n a l R e p o r t , N o r t h e r n F r o n t i e r ,  N o r t h e r n H o m e l a n d , V o l . 2, T e r m s and C o n d i t i o n s ( O t t a w a , 1977). 9. C a n a d a , R o y a l C o m m i s s i o n on C o r p o r a t e C o n c e n t r a t i o n , F i n a l R e p o r t ( O t t a w a , 1978). 10. C a n a d a , R o y a l C o m m i s s i o n on D o m i n i o n - P r o v i n c i a l R e l a t i o n s , F i n a l R e p o r t ( O t t a w a , 1940). 11. C a n a d a , R o y a l C o m m i s s i o n on Newspapers , F i n a l R e p o r t ( O t t a w a , 1980). 12. C a n a d a , R o y a l C o m m i s s i o n on P r i c e Spreads , F i n a l R e p o r t ( O t t a w a , 1937). 13. C a n a d a , R o y a l C o m m i s s i o n on P r i c e Spreads of F o o d P r o d u c t s , F i n a l R e p o r t ( O t t a w a , 1959). 14. 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