Crown must testify at B.C. inquiry: SCOC

A ruling by the Supreme Court of Canada means former Crown lawyers who are now judges will have to testify at a public inquiry into the freezing death of an aboriginal man in Vancouver 12 years ago.

The Supreme Court of Canada has refused to hear an appeal of an order requiring former prosecutors to explain why they decided five times not to charge police in the death of Frank Paul.

Paul had been arrested for public drunkenness in December 1998, but a sergeant at the Vancouver police drunk tank refused to let him stay there, and he was dumped soaking wet in an alley, where he died.

Paul's death has been the subject of a public inquiry headed by retired judge William Davies. The Supreme Court decision means that inquiry can now resume.

The public will get a chance to hear from the Crown why police weren't charged despite the overwhelming evidence heard at the inquiry, said Steven Kelliher, a lawyer for Paul's family.

Crown spokesman Neil MacKenzie said the branch was always prepared to explain its decisions but did not wish to have individual Crown lawyers justify their conduct based on the principle of prosecutorial independence.

Last spring, Davies released a highly critical report of the circumstances surrounding Paul's death, saying he was a victim of indifference and callousness who died cold and alone.