Judge grills lawyer as N.L. probes cancer inquiry rules

The judge hearing Newfoundland and Labrador's breast cancer inquiry demanded Monday to know who ordered a government lawyer to ask for clarification on the role of inquiry lawyers.

Government lawyer Jackie Brazil appeared before Justice Margaret Cameron on Monday, with a request for clarification on whether inquiry counsel Bern Coffey and Sandra Chaytor have an automatic right to cross-examine every witness.

The request came just days after Premier Danny Williams used the term "witch hunt" to describe the tone of the inquiry, which he said was using "inquisitorial methods" and which appeared "to be more of a prosecution than an inquiry."

On Friday, Justice Minister Jerome Kennedy called a St. John's open line radio program to complain about the inquiry's cost and what he called a slow speed.

On Monday, Cameron stopped Brazil soon after she began her argument. Cameron demanded to know who sent her to the inquiry, and asked whether it was Robert Thompson, a senior civil servant with a responsibility for setting up the inquiry, or someone else.

Brazil said that Cameron "should not assume" that she took her instructions directly from Thompson, who, Cameron pointed out, had testified that the government's involvement in the inquiry came under his direction.

"I'm just trying to understand the basis upon which you wish to pursue this line," Cameron said.

"If you're not receiving your instructions from Mr. Thompson, then can you tell me whether or not your instructions come from the attorney general, for example," Cameron told Brazil.

After a lengthy pause, Brazil said only that she represented the government.

Her refusal to be specific seemed to agitate Cameron.

"I just want to know what entity I'm dealing with. I thought it was a simple question," Cameron said.

"I'm not asking you what your instructions are. I'm not asking you to breach solicitor-client confidentiality," said Cameron, who sits on the Newfoundland Supreme Court of Appeal.

Rolf Pritchard, who represents the provincial government at the inquiry, intervened to say Brazil represents "the same source" as from whom Thompson gets his instructions.

Cameron told Brazil that she did not have time on Monday to consider the request. She gave Brazil until late Tuesday afternoon to put her request in writing, and lawyers representing those with standing at the inquiry have until Friday afternoon to respond.

Request for extension filed with government

Cameron has made an application to the Newfoundland and Labrador government to extend the inquiry's deadline from July 30.

Kennedy said Friday that the inquiry is seeking an extension until next Feb. 28, and that cabinet has not yet made a decision on extending it.

Cameron said Monday that she is assuming, for the time being, that she does not have an extension, and that "every moment" mattered at the inquiry.

On Monday, Kennedy said the government's request is legitimate.

"The rules need to be clarified. Is commission counsel actually cross-examining or leading the evidence, as required by law?" Kennedy told reporters. He added that his criticism of the length of examination stands.

"Don't confuse lengthy examination with thorough or effective examination."

Opposition politicians also raised the issue, among other questions about the role that Kennedy and Williams have played, at the house of assembly on Monday afternoon.

Williams said Brazil appeared not only behalf of himself and the other cabinet members who form the government, but also on behalf of patients.

"Our big concern here is that if this matter goes on until the end of February of next year, we are going to have trouble, as a government, putting Humpty Dumpty together again," Williams said.

Meanwhile, the inquiry resumed testimony on Monday, as George Tilley, the former chief executive officer of Eastern Health, returned to the stand.