The Pediatric Cardiac Inquest Report - Chapter 1



The onus of proof in inquest proceedings

The onus of proof in inquest and inquiry proceedings has been a matter of some discussion in the case law. Generally in order to make a finding of fact, a presiding judge, in any proceeding other than a criminal proceeding, needs to be satisfied in accordance with the civil standard of a 'balance of probabilities'. Furthermore, cases involving inquiries and inquests have given direction on this point to presiding officials. Generally the guidance has been to indicate that protective phraseology should be adopted. Wording such as 'the evidence suggests' is recommended in order to avoid making a finding that leads directly to a conclusion of culpability. I have therefore attempted to do so wherever such phraseology is warranted.



Current Home - Table of Contents - Chapter 1 - The onus of proof in inquest proceedings
Next Medical Standards Committees and Privilege
Previous The law of medical consent
Section 1 Chapter 1 - Introduction to the Issues
  Chapter 2 - Pediatric Cardiac Issues
  Chapter 3 - The Diagnosis of Pediatric Heart Defects and their Surgical Treatment
  Chapter 4 - The Health Sciences Centre
Section 2 Chapter 5 - Pediatric Cardiac Surgery in Winnipeg 1950-1993
  Chapter 6 - The Restart of Pediatric Cardiac Surgery in 1994
January 1, 1994 to May 17, 1994
  Chapter 7 - The Slowdown
May 17 to September 1994
  Chapter 8 - Events Leading to the Suspension of the Program
September 7, 1994 to December 23, 1994
  Chapter 9 - 1995 - The Aftermath of the Shutdown
January to March, 1995
Section 3 Chapter 10 - Findings and Recommendations
Appendix 1 - Glossary of terms used in this report
Appendix 2 - Parties to the Proceedings and counsel
Appendix 3 - List of witnesses and dates of testimony
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