INQUIRY INTO THE MATTERS RELATING TO THE DEATH OF NEIL STONECHILD
APPLICATION FOR STANDING AND FUNDING BY GARY PRATT
The applicant will appear as a witness at the Inquiry. He now applies for full standing and funding.
RULING ON STANDING
I grant full standing to Mr. Pratt. I do so in recognition of the allegations against Mr. Pratt, which have been referred to repeatedly in the hearings. There is also some indication that he has been considered a suspect in the investigation of Mr. Stonechildís death. As such he is directly and substantially affected by the Inquiry.
In granting full standing to Mr. Pratt, I would note that there is no requirement that his counsel attend all of the hearings. It is up to his counsel to determine when his attendance is required at the hearing in order to properly represent Mr. Prattís interest.
RULING ON FUNDING
Mr. Pratt has retained counsel. His Counsel should have the opportunity to participate fully in the balance of the Inquiry. Mr. Pratt has limited financial resources and meets the criteria set by the Commission for funding as a party. Counselís compensation will apply on the basis of one (1) hours preparation for each hour of attendance at the Inquiry. Time spent by his Counsel at the request of the Commission, including Commission Counsel, or in attending with his client while his client is being interviewed by Commission Counsel may also be billed as preparation time. Mr. Prattís Counsel, Mr. Brayford, has substantial experience, and I set his hourly rate at one hundred and ninety two ($192.00) dollars per hour. If alternate counsel appears for Mr. Brayford that personís hourly rate will be fixed at one hundred and twenty five ($125.00) dollars per hour.
I recognize also Mr. Brayford will have to familiarize himself with evidence called to date and the material which has been disclosed. I will allow an additional forty (40) hours for such familiarization.
Counsel will submit an invoice to the Commission office on a monthly basis, the invoice to set out the nature of the work done and any disbursements. I expect Mr. Brayford to keep a separate record of the time allowed for familiarization with the evidence and materials disclosed from his record of preparation for and attendance at the hearings.
As I have indicated in past rulings, circumstances may require that the basis for funding be revisited at a later date. Counsel shall have leave to apply for directions as he may be advised. Any such application shall be in writing and shall be served on the other parties.
Dated at the City of Saskatoon, in the Province of Saskatchewan, this 28th day of November, 2003.
Mr. Justice David H. Wright
© 2004 The Wright Commission