Paragraph OK

There's been a lot of excited talk lately of how Paragraph K of the Gomery inquiry's terms of reference supposedly shows that the whole thing's a whitewash, the fix is in, etc. The section inspires the kind of hushed hysteria usually reserved for the Project for the New American Century or the Bilderberg group, proving yet again that when it comes to paranoid conspiracy theories, right-wing bloggers are every bit a match for left-wing bloggers. I hate to disappoint people, but this is standard-issue boilerplate for these kinds of inquiries. The paragraph, in its entirety, reads as follows:

[that] the Commissioner be directed to perform his duties without expressing any conclusion or recommendation regarding the civil or criminal liability of any person or organization and to ensure that the conduct of the inquiry does not jeopardize any ongoing criminal investigation or criminal proceedings...

As Norman Spector notes,

Gomery's mandate is to figure out what happened, how it happened and to make recommendations to ensure it never happens again.

It's always been understood that civil suits and criminal prosecutions are on another track.

At ease, Tinfoil-Hat Brigade! MORE: From Gomery's opening statement:

Nevertheless, although the Commission will not, and indeed cannot, express conclusions or recommendations in relation to the potential civil or criminal liability of anyone, it is part of its mandate to assess the evidence and to make findings of fact, such as findings with respect to the credibility of witnesses. According to s.13 of the Inquiries Act, which will be discussed in more detail later, I am entitled to draw conclusions as to whether there has been misconduct and who may be responsible for it. Such findings will be the focus of the Inquiry only to the extent that they are necessary to carry out the mandate in the terms of reference.