The Inquiry was established February 5,2004 under Part I of the Inquiries Act, on the recommendation of the Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness to investigate and report on the actions of Canadian officials in relation to Maher Arar (Factual Inquiry). The Commission is also mandated to recommend an arm's length review mechanism for the activities of the Royal Canadian Mounted Police with respect to national security (Policy Review). 

The Honourable Dennis R. O'Connor, Associate Chief Justice of Ontario has been appointed Commissioner of the Inquiry.