Royal Canadian Mounted Police Act (R.S.C., 1985, c. R-10)

Marginal note:Powers

• 45.65 (1) The Commission may, in relation to a complaint before it,

  • (a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses before the Commission and compel them to give oral or written evidence on oath and to produce any documents and things that the Commission considers relevant for the full investigation, hearing and consideration of the complaint;

  • (b) administer oaths;

  • (c) receive and accept any evidence and other information, whether on oath or by affidavit or otherwise, that the Commission sees fit, whether or not that evidence or information is or would be admissible in a court of law; and

  • (d) make any examination of records and any inquiries that the Commission considers necessary.

• Marginal note:No excuse

  (2) No witness shall be excused from answering any question or producing any document or thing, when compelled to do so by the Commission, on the grounds that the answer or statement made in response to the question, or the document or thing given by the witness, may tend to criminate him or her or subject him or her to any criminal, civil or administrative action or proceeding.

• Marginal note:Inadmissibility

  (3) Evidence given, or a document or thing produced, by a witness who is compelled by the Commission to give or produce it, and any evidence derived from it, may be used or received against the witness only in

  • (a) a prosecution under section 132 or 136 of the Criminal Code; or

  • (b) a civil or administrative proceeding in respect of an allegation that, with intent to mislead, the witness gave the answer or statement knowing it to be false.

• Marginal note:Restriction

  (4) Despite subsection (1), the Commission shall not receive or accept

  • (a) any answer or statement made in response to a question described in subsection 24.1(7), 35(8), 40(2) or 45.1(5);

  • (b) any answer or statement made in response to a question described in subsection (2) in any investigation or hearing with respect to any other complaint; or

  • (c) any answer or statement made in the course of attempting to dispose of a complaint under section 45.56.

• Marginal note:Restriction

  (5) Despite paragraph (1)(a), the Commission shall not enforce the production of written evidence or any document or thing to which the Commission has a right of access under subsection 45.4(2).

• Marginal note:Witness fees

  (6) Any witness, other than a member, who is summoned is entitled, at the discretion of the Commission, to receive the same fees and allowances as those paid to witnesses summoned to attend before the Federal Court.